Johnson v. Superior Court

This is a proceeding for a writ of review whereby petitioner J. A. Johnson seeks to have reviewed and annulled an order made by the Superior Court in and for the County of Fresno, in the matter of the guardianship of the estate of Marie Elizabeth Moline, a minor, directing petitioner to pay to the guardian of said minor, for the latter’s support and education, a continuing .monthly allowance of $40 out of funds which had been distributed to petitioner as testamentary trustee "under a decree of final distribution in the matter of the estate of Oliver Moline, deceased, the grandfather of said minor.

The will of the decedent contained the following provisions: “First, I give, devise, and bequeath all the property, real and personal, of which I die possessed, to my beloved granddaughter Marie Elizabeth Moline. Second, I nominate J. A. Johnson of Kerman, County of Fresno, State of California, to be the executor of this my last will and testament, without bonds. Third, I direct my said executor to keep all moneys which may be realized from the collection of notes, securities and other obligations belonging to my estate, in the First National Bank of Kerman until my said granddaughter…