Goldtree

Goldtree v. Thompson

Good Law
1890 Cal. LEXIS 698·83 Cal. 420·23 P. 383
Supreme Court of CaliforniaMarch 10, 1890No. 13539California522 words

Opinion

Lead Opinion

Paterson, J.

The plaintiffs are trustees under the will of Jonathan Thompson, deceased. After the property had been distributed to the trustees by a decree of the proper court, they commenced this action to obtain for their direction a construction of certain clauses of the will. The defendants are the legatees and devisees named in the will. The question upon which the trustees were in doubt was, whether the children of certain parties named in the will were entitled to take the corpus of the property which was left in trust, or only the revenue thereof. The case came to this court on appeal from the judgment of the court below, and that judgment was affirmed. ( 79 Cal. 613 .) Several of those to whom the corpus of the estate was awarded were minors, and they were represented in the superior and supreme courts by William Shipsey, Esq., guardian ad litem, appointed by the superior court. On the return of the remittitur to the court below, notice was served upon the plaintiffs and their attorneys, and all defendants not named as minors and their attorneys, that the minor defendants would move the court for an order allowing the guardian ad litem and attorney of the minor defendants a reasonable…

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