O'Mara

O'Mara v. Farmers & Merchants National Bank

Good Law
11 Cal. 2d 338·1938 Cal. LEXIS 308·79 P.2d 1094
Supreme Court of CaliforniaMay 31, 1938L. A. No. 16399California1,288 words

Opinion

Lead Opinion

Waste, J.

The final decree of distribution entered in decedent’s estate followed closely the provisions of his will concerning the creation of a trust and the payment by the trustee of the net income from the trust property to decedent's widow and two daughters, and further provided: “Upon the death or remarriage of said widow, the said trust shall terminate and said trustee shall distribute (italics added) the balance remaining in said trust fund to the two above-named daughters of decedent, in equal proportions, share and share alike.” Margaret 0’Mara, one of the daughters, predeceased the widow, and there was distributed to the Farmers and Merchants Bank, as trustee, the entire residue, to pay $50 a month to the widow of Wallace, a second wife, and any excess of $50 to be paid to his daughters by a former marriage, Jessie W. Buchanan and Margaret W. 0 ’Mara, and, in the event of the death or remarriage of the widow, then the trustee should turn over the balance remaining to these two daughters. The question for determination is *340 whether the daughters, under the decree of distribution of the father’s estate, acquired contingent or vested remainders in the trust property. Both the…

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