Ashton

The trustee in bankruptcy of the Estate of Charles Ralph Sentney appeals from an order of the District Court affirming two orders of the referee, one denying the trustee’s petition to vacate appellee Sentney’s discharge in bankruptcy; the other denying the petition of the trustee for an order requiring appellee and the First National Bank of Santa Ana, California, trustee of a trust of which appellee was beneficiary, to turn over to the trustee in bankruptcy certain property held in trust for appellee.

It is not questioned here and was not before the referee below that the trust, which was to pay over certain moneys to the appellee on the predecease of other beneficiaries and on the death of the donor, was a spendthrift trust. Under its terms the appellee had no power to transfer his contingent future interest in the trust property to anyone. There was no assignment by appellee of his trust interest in the nature of a promise to turn it over to another as in Kelly v. Kelly, 11 Cal.2d 356 , 79 P.2d 1059 , 119 A.L.R. 71 . It also appears that the donor was living for more than six months after appellee’s adjudication in bankruptcy, Cf. 11 U.S.C.A. § 110 , sub. a though the donor…