Estate of Triest

Appeal by J. D. Lederman, as administrator of the estate of Walter C. T. Koch, deceased, and Olga Koch, surviving wife of deceased, from an order of the superior court of the city and county of San Francisco denying a motion therein made by appellants to vacate an order settling the account of respondent trustees, under a trust created by the will of Bertha Triest, deceased, and a decree terminating the trust and adjudging the persons to whom and the proportions in which the trust fund should be distributed.

The facts are as follows: Bertha Triest died on April 18, 1914. By her will she bequeathed and devised the residue of her estate—the only portion in which appellants claim an interest—in equal shares to various children, and to Walter C. T. Koch and Frank L. Koch, her grandchildren, the share which their deceased mother, a daughter of Bertha Triest, would have taken had she been alive, and provided with reference to the share of said Walter C. T. Koch as follows:

On May 24, 1914, the will was admitted to probate and Martin, Frank, and Jesse E. Triest, who were appointed executors thereof, duly qualified and acted. Thereafter, on January 11, 1916, the court distributed the…