Metcalf

Security Pacific National Bank v. Metcalf

Good Law
129 Cal. Rptr. 787·1976 Cal. App. LEXIS 1563·58 Cal. App. 3d 197
Court of Appeal of CaliforniaMay 13, 1976Civ. No. 46945California4,801 words

Opinion

Lead Opinion

Jeffersonbernard, J.

These are petitions brought by Security Pacific Bank, a testamentary trustee, to have determined the identity of beneficiaries of two testamentary trusts—the Marian Huntington Fund and the Residuum Fund—both established by the will of Hemy E. Huntington, and for instructions.

Claiming to be the beneficiaries are John Brockway Huntington and Elizabeth Anne Huntington Davis, the adopted children of Marian Huntington. Opposing their claim are nephews and nieces of Marian Huntington; they are Edwards H. Metcalf, Henry E. Huntington II, Howard Hunting ton, Jr., David Huntington, Jane Huntington Kuska and Mary Huntington Bums.

The trial court ruled that John Brockway Huntington and Elizabeth Anne Huntington Davis, the adopted children, were descendants of Marian Huntington as described in the will of Henry E. Huntington, and ordered the trustee to pay them equally the full amount of the Marian Huntington Fund and 6/10ths of the Residuum Fund. The contesting nephews and nieces of Marian Huntington have filed four separate appeals, which have been consolidated for our review here.

*201 The case turns upon the proper interpretation of Henry E. Huntington’s will, executed by…

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