Estate of McGirl
Opinion
Lead Opinion
Conrey, J.
Upon the twenty-ninth day of September, 1930, Thomas McG-irl, a resident of the county of Los Angeles, died, leaving an estate, the larger part of which was located in Montana and a small part at Long ■Beach, in Los Angeles County, California. The will of decedent, together with two codicils, was duly admitted to probate, and on November 30, 1930, letters testamentary were issued to the executor, P. M. Barbe, who proceeded with the administration of the estate.
In the first codicil to the will the testator made provision for the benefit of one Leora Branch as follows: “As Mrs. Leora Branch has been a good help in taking care of me, I thereby give, devise and bequeath to my niece, Nellie II. Barbe, IN TRUST, the sum of Five Thousand Dollars ($5,000.00), the interest upon said sum to be paid to the said Leora Branch in equal monthly installments of Twenty-five Dollars ($25.00) per month during the natural life of said Mrs. Leora Branch, provided the said Mrs. Leora Branch remains with me to the time of my death, and at her death, then said principal sum of Five Thousand Dollars ($5,000.00) to become the property of my said niece, Nellie H. Barbe, to be hers absolutely and…