Cont'l Ill. Nat'l Bank & Tr. Co. v. San Diego Hosp. Ass'n

Respondent San Diego Hospital Association, is a legatee under a codicil to the will of Thomas E. Sharp, deceased. Appellant, Continental Illinois National Bank and Trust Co. of Chicago, as trustee, is a residuary legatee under that will. Pursuant to a petition by the executor for determination of entitlement to distribution of estate the court decreed the amount of the legacy to respondent bears interest under Probate Code, section 162 from the first anniversary of the testator’s death.

The legacy to respondent is provided for in that part of the codicil to the will entitled “Item Two: Changes in Bequests of money. . . . Section (1),” wherein it is provided, insofar as pertinent to the issues at hand, in the event, “and only in such event, ’ ’ certain conditions exist at the time “for” distribution’ the testator gives and bequeaths to re *853 spondent an amount to be determined pursuant to a described formula.

“Item Two” of the codicil, in eight separately numbered additional sections, also provides for other legacies to other legatees.

Appellant is a legatee under the provisions of the will entitled “Article Twelve : Bequest of Residue or Remainder of Estate.” Section (1) of…