Estate of Spreckels
Opinion
lead Opinion
Coffey, J.
This is an application by Claus A. Spreckels and Rudolph Spreckels, as trustees of the trusts created by the will of Claus Spreekels, deceased, asking that their respective shares in the property described in their petition be. distributed to them in accordance with law and the provisions of said will.
It appears by the petition that Claus Spreckels died in San Francisco, of which place he was a resident, on December 26, 1908, leaving real and personal estate therein, and a will which was in regular course admitted to probate, and letters testamentary issued thereupon to the persons named therein as executors. The testator left him surviving his widow, Anna Christina Spreckels; Claus A. Spreckels and- Rudolph Spreckels, sons and petitioners herein; a daughter, Emma C. Ferris; and sons, John D. Spreekels and Adolph B. Spreckels, the demurrants.
THE WILL.
The will is in these terms:
THE ISSUE INVOLVED.
To this petition separate demurrers were interposed, both presenting the same points, reducible to the one issue involving the validity of the testamentary trust.
The applicants are here not in their individual capacity as beneficiaries, but as trustees, asserting their right to…