Steele

This appeal is from an order denying appellants’ petition for a partial distribution of said estate.

The petitioners, W. 31. Steele, Charles A. Steele, and Idella D. Steele—appellants here—are children and heirs-at-law of said *535 testator, and who, by the terms of the will, were excluded from any participation in said estate. Their chief contention is that said will purports to vest said estate in a trustee for the benefit of the widow and certain other children of the testator, and that said trust is void under the proAnsions of the Civil Code against perpetuities.

Said Avill AAras executed January 27, 1897. After directing the payment of debts, funeral expenses, et cetera, and making a special bequest to his wife of furniture and other articles held for home and personal use, it bequeathed and devised to George B. Shaffer, as trustee, all the residue of his estate, in trust for the following purposes:

The will was admitted to probate in July, 1897, and Walter Bindley was duly appointed and qualified as executor on September 3, 1897.

Said petition for partial distribution was filed January 13, 1898, and objections thereto were duly filed by the executor, Walter Bindley, the…