Thomas

The present appeal is from a judgment of dismissal, entered after a demurrer to a second amended com *141 plaint was sustained without leave to amend. It appears from the complaint, and from judicial records of which the trial court properly took judicial notice, that plaintiff is the minor son of John D. Thomas, Jr., now deceased. Decedent was divorced from plaintiff’s mother, who had been given custody under the divorce decree and to whom the decree directed that payments be made for plaintiff’s support. The estate has been fully probated. No creditor’s claim for the unaccrued child support was filed in the estate and the bulk of the estate was distributed to the defendants as testamentary trustees, with directions to pay such of the income for plaintiff’s benefit as, in their discretion, is necessary and proper. A petition for a family allowance was made in the probate proceedings and was granted during the period of probate administration. After distribution, plaintiff sought, in the probate proceeding, an order directing the trustees to increase the monthly support being paid by them. The petition was denied, on the ground that the trustees had not abused their discretion in…