Guyton

Testator died in 1961 and his will, executed in 1950, was admitted to probate the same year. He left $10,000 of his $372,814.01 estate to the brother and three sisters of his predeceased wife, the residue was devised and bequeathed in trust to Bank of America National Trust & Savings Association, providing a monthly income to his only child and after her death, monthly payments for the support of his grandchildren. The trust also provided for monthly payments to appellant, an employee at the time the will was executed, upon the condition that he be employed by testator at the time of death.

A petition to determine heirship was filed, the interests of all heirs, devisees, legatees and beneficiaries were determined, and the court found that appellant Guyton was not employed by testator at the time of death. He alone has appealed, and no one has appeared as respondent.

The provisions of the will which are before us for interpretation are as follows:

The pertinent circumstances bearing upon an interpretation of the foregoing provisions of the will are these; In 1945, while working for a railway company, appellant became a part-time employee of Pelletier, the testator. He quit the…