Trust under Will—Distribution of Estate—Purchase under Execution against Heir.—A purchaser under execution against the son of a deceased testator takes no greater interest than the son has in the land sold; and where the son is not a devisee or legatee, but merely the beneficiary of an income for life under a valid trust created by the will such purchaser acquired no interest under which any distribution can be had.

Id.—Validity of Trust — Suspension of Power of Alienation.— A trust under a will, to continue during the life of the son and of all of his children living at the time of the testator’s death, and to terminate with the death of the survivor of them, does not suspend the power of alienation beyond lives in being, in violation of section 715 of the Civil Code.

Id.—Division among Surviving Children—After-Born Children.-—The fact that the trust contemplates a division of the trust estate among all the children of the son who shall be living at the termination of the trust, which may include children born after the death of the deceased and before the termination of the trust, in no degree affects the term of the trust or prolongs the suspension of the power of alienation.

Id.—Effectuation of Devise to Trustees.—The will speaks and is enforceable only from the death of the deceased; and the devise to the trustees becomes effectual only at his death; and the limitation or condition which had the effect of suspending the power of alienation was created when the devise became effectual.

Id.—Absence of Trust to Convey—Valid Trust.—Where the will contains words of devise to those among whom the estate was to be divided upon the termination of the trust, a provision in the will empowering the trustees to make sales and conveyances and to invest and reinvest the proceeds of such sales does not create any forbidden trust to convey; and the trust was within the provisions of section 857 of the Civil Code.

Id.-—Devise to Wife—Half of Community Property—Prior Death of Wife—Construction of Will.—Where the will devised to the wife for her life all the separate property of the testator and half of the community property, and the wife died before the testator, the latter was thereupon vested with the absolute title to the community property, and the right to dispose of the same by will; and where, construing all parts of the will in relation to each other, it clearly appears that the testator intended the will to be operative as to all property which he was entitled to devise at the time of his death, the claim that the testator died intestate in respect of one half of the community property is not tenable.

Id.—Question of Practice — Demurrer to Objections — Harmless Euling.—Where to the petition for final distribution presented with the final account appellant filed written objection thereto setting up her claim to distribution of an interest in the community property regardless of the will, to which demurrers may perhaps have been irregularly sustained, if it be assumed that technical error was thus committed, it was harmless in view of the erroneous construction of the will relied upon by appellant.