Bright

Bright v. Bank of America National Trust & Savings Ass'n

Bad Law
1947 Cal. LEXIS 167·30 Cal. 2d 285·182 P.2d 565
Supreme Court of CaliforniaJune 24, 1947L. A. No. 19800California4,086 words

Opinion

lead Opinion

Traynor, J.

Florence Lenore Van Deusen by her will dated June 20, 1932, left the residue of her estate to American Security and Trust Company of Washington, D. C., as trustee, for the following purposes: “. . . to pay over the net income arising therefrom, in equal shares, unto my aforesaid daughters, Gladys Van Deusen Bright and Hazel Van Deusen Lee, during the period of their joint lives, and in case of the death of either of them, then all of said net income unto the survivor, for and during the natural life of the survivor. Upon the death of the survivor of my said daughters, this trust shall finally cease and determine, and my trustee shall thereupon transfer, assign and pay over the entire trust fund, including any undistributed income, absolutely and in fee simple, in equal shares unto those of my grandchildren who may then be living, the then surviving issue, however of any of them who may then be dead, to take, per stirpes, the same part or share the deceased ancestor would have taken if living.”

The testatrix died on April 10, 1944, and the will was admitted to probate on June 13, 1944. The named trustee declined to act, and Bank of America National Trust and Savings Association…

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