Estate of Duffill

Certain parties to a proceeding on objections by the heir at law to the distribution of the estate under the will of Eugenie A. Duffill have appealed from the.decree of distribution. These are Albert Duffill, a minor, by his guardian, Los Angeles Trust & Savings Bank, a corporation, Martha Duffill, and Los Angeles Trust & Savings Bank, a corporation, executor and trustee named in the will.

While the appeal is general; appellants attack (l)'that part of the decree holding invalid the provision in the will reducing the devise to Harry Duffill (son of the testatrix), and making smaller his annuity in the event of his marriage to Mrs. Alice McNamara, and (2) that portion of the judgment by which one-half of certain stock dividends received by the executor during administration and paid, as appellants allege, from the earnings of the Grasselli Chemical Company which accrued prior to the death of Eugenie A. Duffill, should go to Harry Duffill at once as income from a trust created by the will, the contention of appellants being that these dividends should become part of the corpus of the trust for subsequent distribution under the terms thereof.

The will was dated September 10, 1914.…