Estate of Ward

Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.

Caution
127 Cal. App. 347·1932 Cal. App. LEXIS 394·15 P.2d 901
Court of Appeal of CaliforniaNovember 3, 1932Docket No. 965.California3,761 words

Opinion

Lead Opinion

Ames, J.

Hattie L. Ward, in her last will and testament, after making various bequests, devised all the rest, residue and remainder of her estate to the Bank of Italy National Trust & Savings Association, now known as Bank of America National Trust & Savings Association, in trust for the uses and purposes set forth in said will, and nominated it as executor. Included as a part of the residue was a retail business, dealing in ladies’ wearing apparel, known as “Pollyana The Glad Shop”, located in the city of San Diego. In the trust clause of her will, which is designated as article fifth, the testatrix provided as follows:

And again in said article fifth she further provides: 1 ‘ Said trustee shall be the sole judge of whether or not said Henry P. Stelling is competent to continue and should continue in the control and management of said Pollyana The Glad Shop,” and proceeds to give minute directions as to the management of her business and the conditions upon which Stelling shall continue in the management and control of such business, and fixes the minimum compensation to be allowed him. Hattie L. Ward died on the thirty-first day of July, 1930, and on the fifteenth day of August, 1930,…

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