Flannery

This is an appeal by the remainderman under a trust and the trustee from an order directing the latter to pay the net income from trust funds in his possession to the guardian of an incompetent’s estate under circumstances hereinafter set forth. The order being considered as one “instructing ... a trustee” (Prob. Code, §1240), it is appealable as such. (Estate of Ferrall, 33 Cal.2d 202, 204 [ 200 P.2d 1 , 6 A.L.R.2d 142 ].) As will appear, the incompetent (James Joseph Flannery, referred to as “James”) is the beneficiary not only of the guardianship but of the trust as well.

James’ mother, Marie Friday Flannery, died testate on February 23, 1957; by her will, dated August 8, 1955, she left one-half of her estate outright to her youngest child, Elizabeth, and one-fourth (likewise outright) to her son, William. Prior to the making of her will, James (her third child) had been adjudged incompetent and committed to an institution for the mentally insane; on September 21, 1953, his wife, respondent Mary Louise Flannery, was granted letters of guardianship of both person and estate. Accordingly, the will of his mother conveyed the remaining one-fourth of her estate in trust for his…