Feliz

The determinative issue herein is whether the language of paragraph Fourth of the will of the decedent, Albert A. *108 Berges, created valid testamentary trusts in favor of the children of Isabel Thompson (Isabel), Jim Feliz (Jim) and Josephine Feliz Dawson (Josephine). Paragraph Fourth states:

The critical facts are stipulated. Decedent died without surviving spouse or issue. Isabel (decedent’s sister) has five children, Jim (decedent’s brother) has ten children, and Josephine (a niece) has two children. The specific legatee, Evelyn Feliz (Evelyn) is not a blood relative of decedent. There were insufficient assets in the estate to satisfy both the gift to Evelyn and the purported gifts in trust to Isabel, Jim and Josephine as trustees for their children.

Evelyn filed a petition to determine heirship, asserting the purported trusts are invalid, The probate court determined that the trusts are valid and, pursuant to the provisions of Probate Code section 752, 1 since the decedent’s estate available for distribution was not sufficient to *109 pay all specific bequests in full, the specific bequest to Evelyn abated in its entirety before the bequest to the testator’s…