Cairns

In a proceeding on a probate petition filed by the trustees of a testamentary trust, the court interpreted a provision—known as the “five-or-five” provision—for annual distribution of principal to a life beneficiary, and found that the provision authorized the distribution to include an interest in real property in addition to money. In this appeal, a remainder beneficiary argues that the trial court’s interpretation of the trust document was erroneous, and complains that he was improperly denied an evidentiary hearing. We conclude that the trial court’s interpretation of the five-or-five provision was consistent with the testator’s intent, and no evidentiary hearing was required. We therefore affirm the judgment.

*940 STATEMENT OF FACTS AND PROCEDURAL HISTORY

Margaret Cairns, the decedent, executed a will in 1975, and died in 1977. A judgment of final distribution of her estate was entered in Napa County Superior Court in December of 1980, which, pursuant to the terms of the will, created a testamentary trust (Trust). Decedent’s only child, respondent Kenneth Grant Cairns (Grant), was appointed sole trustee and was an income beneficiary of the Trust. 1 The will…