Cox

Raymond Cox appeals from the judgment determining interests in the estate of Hazel Woehos. Appellant’s sole contention is that the trial court incorrectly construed that portion of the residuary clause of decedent’s will in which she bequeathed half of the residue of her estate. Decedent’s will provided that this portion of the estate should be held in trust for the benefit of her husband, Jacob J. Wochos, during his lifetime, and that upon his death it should be distributed as follows: $25,000 and $5,000 to two specifically named legatees and “The balance . . . , in equal shares, to the then living nieces and nephews of Jacob J. Wochos, and to Raymond Cox, the nephew of Hazel Wochos, or to the survivors or survivor of them, and their issue per stirpes.” (Par. Fourth, subd. B (2)(e).) The trial court construed this language as unambiguously providing that the balance of the trust property distributable under this paragraph be divided equally among all persons referred to in the paragraph either by name or relationship. Judgment was entered accordingly and Cox appeals, claiming that under the subject paragraph he is entitled to one-half of the balance of the trust property and that…