Harvey

This is a controversy over the title to 150 shares of stock in California-Portland Cement Company which were left in a testamentary trust for the benefit of Miss Florence McNally during her lifetime and upon her death to go to Edward I. Coffey or, in the event of his death, to his “heirs-at-law. ’ ’ Mr. Coffey predeceased Miss McNally, leaving as his only heir his wife, Kathleen Ann Coffey; she died intestate about six years before the life tenant. The heirs and administrator of the estate of Kathleen Coffey claim the stock, as do certain remote cousins of Mr. Coffey. The latter group prevailed in the trial court and the other claimants appeal.

Kathleen Coffey’s heirs are three sisters and “the Estate of Robert P. Keating, deceased,” a brother (designated herein as the Keating claimants). The respondents (known as the Byrne claimants) are “in the fifth degree of relationship to said Edward I. Coffey, deceased, to wit, first cousins once removed.” The Keating claimants contend that Kathleen Coffey was sole heir of Edward I. Coffey, and that the remainder estate vested in her immediately upon his death and passed to her own heirs when she died intestate. The Byrne claimants argue…