Hodge

Bank of Am. v. Hodge

Good Law
1967 Cal. App. LEXIS 1448·254 Cal. App. 2d 702·62 Cal. Rptr. 740
Court of Appeal of CaliforniaSeptember 28, 1967Civ. No. 23606California6,938 words

Opinion

Lead Opinion

Sims, J.

John Page Sivell, Hugh Gordon Sivell, Verna Page Armstrong and Ernest Gamble Jr., who for convenience are designated as remaindermen, have appealed from an order entered in response to a testamentary trustee’s petition for instructions (see Prob. Code, §§ 1120, 1240). The order directs the trustee to distribute at the testatrix's daughter’s death that share of the trust estate held for her benefit, to Eleanor Ridenour Hodge and Nancy Ridenour Buchanan, referred to as the granddaughters.

The remaindermen contend that the trial court erred in finding that the decree of final distribution precluded the asser *704 tion of their rights as set forth in the provisions of testatrix’s will which are embodied in a prior decree of preliminary distribution. They assert that the clear language of the will, as incorporated in the decree creating the trust, directs that the estate in question be distributed to them. An examination of the record, in the light of established principles for construing wills and probate decrees, establishes the validity of these contentions and the order must be reversed.

Clara H. Page died testate on January 25, 1961 and her will was admitted to probate April 12,…

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