In re Estate of Cavarly

John M. Cavarly died in 1895 testate. The will was admitted to probate and letters testamentary were issued to the Union Trust Company of San Francisco in accordance with the terms of the will.

The estate as appraised consisted of personal property of the value of fifty thousand three hundred and sixty-three dollars and forty-one cents, and real property valued at thirty-seven thousand two hundred and ten dollars.

After some small legacies the testator attempted to dispose of the remaining estate as follows: “Fourth. All the rest, residue, and remainder of the estate, property, and effects, personal, real, and mixed, whatsoever and wheresoever situated, of which I may die seised or possessed, I give, devise, and bequeath unto my executor and trustee, hereinafter named, and to its successor and successors forever, in trust nevertheless, for the following uses and purposes, that is to say: “To have and to hold the same in trust for the equal use and benefit of my five children, to wit: My daughter, Ann Elizabeth, the wife of Edward F. Hehzel, aged *408 about twenty-eight years; my daughter, Julia Frances Cavarly, aged about twenty-four years; my daughter, Jennie Day Cavarly, aged…