Estate of Hall

The necessitous circumstances of the applicants being conceded, the law of the case only remains to be considered.

A copy of the will, olographic in character, is here inserted:

*448 If the legacy is vested, the payment is subject to the control of the court: Curtis v. Lukin, 5 Beav. 155, Code Civ. Proc., sec. 1658. See Saunders v. Vautier, Craig & P. 240, 4 Beav. 115.

Legacies are not payable until the expiration of one year: Civ. Code, sec. 1368. But section 1658, Code of Civil Procedure, authorizes the court to control the payment of the legacy by investing it with a power to order payment upon the expiration of four months from date of issue of letters.

It is plain, therefore, that the word entitled” as used in section 1658, Code of Civil Procedure, refers to the vesting of the legacy.

The legacy is vested: Civ. Code, sec. 1341. This section is express; the age can make no difference; the age specified in the section is but illustrative of its operation; if a bequest to a person on attaining the age of majority is vested on the death of the testator, so by parity of reason is a bequest to a person on attaining the age of twenty-five years.

It being the policy of the law…