Estate of Edwards

Good Law
126 Cal. App. 152·1932 Cal. App. LEXIS 484·14 P.2d 318
Court of Appeal of CaliforniaSeptember 21, 1932Docket No. 8120.California1,747 words

Opinion

lead Opinion

Stephens, J.

This is an appeal by Richmond A. Edwards, a nephew of decedent and a legatee under .her will, and from a final decree of distribution and from an order of the probate court denying his petition for a distribution of certain portions of the estate in accordance with his contention that certain trust provisions of the will are invalid.

Appellant is entitled to a one-twelfth share in any estate with respect to which the decedent died testate. The will provided for certain gifts which we need not consider. We shall quote such parts of the document as is necessary to a full understanding of the controversy: “Seventh: I give and bequeath to Security First National Bank of Los Angeles, a corporation, the sum of sixty thousand (60,000) dollars in trust nevertheless for the following uses and purposes: To collect, hold, manage, invest and reinvest the same, and to pay the net income therefrom as follows.” (Here follows bequests of the net income from' $10,000 each to Elizabeth R. Jones, a niece, and to John B. Edwards, Richmond Edwards, Alfred R. Edwards, William A. Edwards and Carl Edwards, nephews.) “As each of my said nieces and nephews die, then the share of the principal of the trust…

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