In re the Estate of Hendy

Joshua Hendy by bis will left a legacy of five thousand dollars to bis niece, Mrs. Josepbine Green. By a codicil, which was admitted to probate with and as a part of that instrument, be provided as follows:

Josepbine Green petitioned for distribution to her absolutely of the legacy of five thousand dollars, and the court decreed distribution in accordance with her prayer, under tbe conviction, as appears from the statement and argument of her counsel, that tbe trust declared in tbe codicil was void for undue suspension of tbe power of alienation. (Civ. Code, sec. 715.)

This consideration is tbe only one to which our attention is directed upon this appeal.

It is apparent that tbe codicil does not create a single trust, but establishes: 1. A trust for the benefit of Mrs. Josephine Green; and 2. A trust for tbe benefit of her two children, Har-rold and Mildred. Harrold and Mildred were in being a.t tbe creation of tbe trust, and are still living and in their minorities. Therefore, whatever conclusion may be reached as to the validity of the trust for the children, it is obvious that there can be no legal objection advanced against the trust to Mrs. Green. The *658 testator had the…