Goldtree

This is a creditor’s hill, in which it is sought to subject certain property to the satisfaction of plaintiff’s execution against John Thompson. A general demurrer to the complaint was sustained, and the plaintiff, having declined to amend, appeals from the' judgment entered.

Besides showing plaintiff’s judgment and execution, the complaint contains allegations showing that Jonathan Thompson died in the county of San Luis Obispo in 1875 testate, and that by his will he devised certain property in trust. The trust is set out in the complaint. As to John Thompson, plaintiff’s debtor, the language .of the will is, after naming the trustees: “I devise and give to them upon trust all my property to invest the same and all accumulations thereof, and to divide and pay the income thereof as it is received, viz: ... . one-fourth to *345 John Thompson for life, remainder over in trust to his children, equally, who shall attain twenty-one years of age or marry.”

The will was probated, and in 1877 the estate was distributed to the trustees in accordance with the terms of the will, and is now held by them. The demurrer was sustained, on the ground that the decree is res adjudicata.

All the…