Kulp

Barbara Kulp has appealed from an order of the probate court (the 1971 order) directing distribution to Mark Dickens Harris of the assets of a testamentary trust which had terminated.

Barbara and Mark are children of Mildred Hint by different fathers. The trust was created by the will of their mother, who died in 1956.

Mark was bom November 19, 1944. Barbara was a child of an earlier marriage of the testatrix and was 9 years of age when her mother married the father of Mark on December 19, 1939. The elder Mark Harris adopted the then Barbara Jensen in 1949; when he died he left her $1,000. Barbara married George Kulp in June of 1950.

All of Mrs. Flint’s estate came to her from the elder Mark Harris when he died.

By the will, dated December 8, 1955, Mrs. Flint stated she revoked all earlier wills, and made only one bequest to Barbara by name, the sum of one dollar; a like amount was given to each of two sisters and two brothers of the testatrix. All of Mrs. Hint’s' jewelry was given to Mark.

The only other disposition was of the residue, which was given in trust to Security Trust and Savings Bank of San Diego, now Security Pacific National Bank, “for the sole and…