Richards

This is an appeal from an order made in the matter of the estate of Manuel E. Perreira, deceased, upon a petition for instructions by the appellant, Crocker-Anglo National Bank.

Decedent, Manuel P. Perreira, died in Modesto, California, on the 24th day of November, 1959, and thereafter appellant filed for probate decedent’s purported will creating testamentary trusts and appointing appellant executor of said will and trustee of the trusts. These testamentary trusts were to endure for the lives of decedent’s three children, his grandchildren and great grandchildren living at the time of his death, the corpus of the trust to be distributed to decedent Is heirs at law upon termination of the several life estates.

A contest was filed by Lena Richards, respondent, one of the three children named as lifetime beneficiaries, on the ground that the decedent’s purported will was not the last will and testament of decedent, and, in substance, that at the time the purported will was executed decedent was not of sound and disposing mind. All of the other living heirs at law, devisees, legatees, and trust beneficiaries named in the will, either individually or through their guardians ad…