Estate of Hamon

Brown v. Rudolph

Good Law
136 Cal. App. 517·1934 Cal. App. LEXIS 1006·29 P.2d 326
Court of Appeal of CaliforniaJanuary 29, 1934Docket No. 9138.California1,225 words

Opinion

Lead Opinion

Knight, J.

This appeal involves the interpretation of a trust clause of a will.

Mary C. Hamon, the testatrix, died in September, 1927, survived by seven adult children, a son and six daughters, one of whom was Edith I. Brown, the wife of appellant. The will provided first that all real property belonging to the estate be sold. The testatrix then bequeathed to six of her children, not including Mrs. Brown, a one-seventh interest each in her estate; and the remaining one-seventh, over which this controversy arises, she disposed of as follows: “Third: I give, devise and bequeath to Paul Rudolph, of San Jose, California, one-seventh (1-7) of all property, of whatsoever kind and wheresoever situated, of which I may die possessed, in trust, however, for purposes as follows: To invest and reinvest from time to time said trust fund and pay the income therefrom quarter-yearly, or of tener, as he may choose, to my daughter, Edith I. Brown. At the end of twenty (20) years from date of this will, or upon the death of the husband of my said daughter if death should occur prior to the end of said twenty (20) years, said Trustee shall deliver said trust fund to my said daughter, Edith I. Brown, to be her…

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