Bond

BACKGROUND

In 1983, Bertyce Ward Dahl created a will bequeathing her property to several individuals and a charity outright. Article six of the will directed that the residue of Dahl’s estate be held in trust for the benefit of seven relatives, including her nephews William T. and John P. Ward, and provided that the trust would terminate upon the death of the last surviving beneficiary, with the remainder of the trust estate going to the “lawful issue” of William and John. Articles seven through 13 set forth standard generalized language concerning such matters as choice of law, will contests, taxes, interest, and the severability of any unenforceable provision. Article 13 stated: “The words ‘lawful issue’ as used in this Will shall not include adopted persons nor the issue of adopted persons.” Dahl passed away on July 9, 1988, and her will was submitted for probate in the Ventura County Superior Court. On February 29, 1989, in what we will call the “February order,” the court created the Bertyce Ward Dahl Testamentary Trust by directing that $50,000 be distributed to the trustees and authorizing them to manage and distribute that amount. The February order incorporated article…