Cohick

This appeal challenges an order by which Crocker National Bank was given instructions as testamentary trustee under the will of John E. Bose, deceased, and the final account of the trustee was settled.

John E. Bose executed his last will on March 10, 1959. He died, unmarried and without issue, more than one month but less than six months after that date. He was survived by a cousin (Henrietta Bose) and three nieces and a nephew (Mildred Bose Smith, Alice Bose Cohick, Olga *271 Bose Hicks and Martin C. Bose). Alice, Olga, Martin and the heirs-at-law of Mildred are the present appellants. Under the will, the residue of the estate was left in trust to Henrietta for life, with the remainder (except for three cash bequests) to go on her death in equal shares to four named charities, now respondents.

In January 1960, Mildred petitioned for an order to establish heirship under Probate Code section 41. 1 In the decree establishing heirship, the court determined that (1) the three nieces and nephew qualified under section 41 “to take share and share alike” that part of the estate in excess of the one-third limitation on respondents, (2) “all questions of final distribution of…