Estate of Heins

This is an appeal from a portion of a decree of distribution distributing certain preferred stock of the Pacific Gas and Electric Company. The testator's will created in paragraphs 5 and 6 thereof two separate trusts; that created by paragraph 5 being for the benefit of respondents herein, John Heins, Erna Heins, John Minder-man and Adeline Minderman; and that created by paragraph 6 being for the benefit of appellants Adolf F. Heins and John Heins, and of the two Mindermans. The fifth paragraph purported to bequeath to the trustee “All of my common stock of the Pacific Gas and Electric Company” and of two other named corporations. The sixth paragraph created a trust in the residue of the testator’s estate. The will was executed on January 25, 1930, and the testator died six days later on January 31, 1930. It appeared and the court found that the testator never at any time owned any common stock of the Pacific Gas and Electric Company, but that at the time of the execution of his will and at the time of his death he owned 90 shares of .the first preferred capital stock of that company of $100 par value each, and 340 shares of six per cent preferred capital stock of the same company…