Woestman

Plaintiffs appeal from a judgment entered after a demurrer to the second amended complaint was sustained without leave to amend.

By their suit plaintiffs seek to terminate a trust created by the will of their deceased mother, Henrietta C. Woestman, in which the defendant is named as trustee. The relief is sought on two grounds: (1) That the trust was void in' its inception because attempted to be created in violation of the statute prohibiting perpetuities; and (2) that all the parties in interest consent to its termination.

The provision of the will necessary to be considered reads as follows: “Sixth: I give and devise, and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, wherever situated, of which I may die seized or possessed, or to which I may be entitled at the time of my decease, to my two boys, Walter E. Woestman and Karl 0. Woestman, share and share alike, or if either should die without issue, then to the other, the same, however, to be held in trust by the ‘Union Trust and Savings Bank of' Pasadena, ’ a corporation, created and existing under the laws of the state of California, having its principal office in the city of…