Eldred

The objector, Joan B. Eldred, appeals from a judgment approving the first and final account and petition for distribution and ordering distribution to her of one-half interest in decedent’s estate by way of a trust; she claims no trust for her benefit was ever created and that she is entitled to her share free and clear of any restriction.

With the exception of a stipulation fixing the ages of appellant Joan and her brother, David, no testimony was *584 offered; the following facts appear in the various documents in the record. Decedent had two grandchildren, appellant, Joan B. Eldred, now 26, and her brother, David Keith Burris, now 8. His great-granddaughter, Vicki, daughter of appellant Joan was born between the execution of the witnessed will, September 21, 1955, and January 30, 1957, the date of the third codicil. Respondent bank is the executor under the will and trustee for the trusts created for David and appellant. A five-page typewritten will dated September 21, 1955, was duly witnessed and executed by decedent; he also executed four holographic codicils dated November 21, 1955, November 1, 1956, January 30, 1957 and March 30, 1958. He died November 6, 1958; all five…