Hamilton

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

Good Law
1948 Cal. LEXIS 302·33 Cal. 2d 202·200 P.2d 1·6 A.L.R. 2d 142
Supreme Court of CaliforniaDecember 15, 1948L. A. No. 20562California1,423 words

Opinion

lead Opinion

Traynor, J.

John C. Ferrall died on October 9, 1940, leaving a will, by which he bequeathed one-half of the residue of his estate in trust. Following the administration of the estate a decree of final distribution was entered distributing one-half of the residue to appellants, Bank of America National Trust and Savings Association and .George D. Ferrall, son of the trustor, as eotrustees and incorporating the provisions of the will creating the trust. After making provision for the payment of the trust income to Faye F. Hamilton, daughter of the trustor, the will provided: “If at any time the income from the corpus of the trust herein created is insufficient to meet the needs of my daughter, Faye F. Hamilton, then and in that event, in the sole discretion of the trustees herein, the trustees may pay to my said daughter, Faye F. Hamilton, such amounts from the principal or corpus of the trust sufficient to meet her needs, care and comforts.” The will further provided for the distribution of the trust corpus to her in the event that her husband predeceased her, or became divorced from her, and for its distribution one-half to George D. Ferrall and one-half to his three children in the event…

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