Union Bank v. Sec. Pac. Nat'l Bank

The origin of this litigation is that William Newmark, the last surviving son of the testator M. A. Newmark, died before his sister Edna Newmark. The central issue of the litigation is whether the language of the decree of distribution (Decree) requires the court to imply a condition of survival. The testator died in 1931, and his estate was divided in accordance with the Decree based on his will. The bulk of the estate passed through the residuary clause of the will. The Decree established two trusts with substantially similar dispositive provisions, and they are treated as one for the purposes of this opinion. All of the income from the trust was payable to the testator’s daughter Edna. In directing the trust’s termination, the Decree’s wording parallels that of the testator: “Upon the death of said daughter, said trust shall terminate and all property of every kind and description remaining in the hands of said trustee shall be distributed to Robert Newmark, William Newmark, and Alfred Newmark, sons of decedent, share and share alike, or if any of them be dead, then to the survivor or survivors of them; provided, however, that if said daughter shall die leaving lawful…