Estate of Swan

CONREY, J.

Frances B. Swan, a resident of Los Angeles County, died on the 31st day of January, 1933, leaving an estate of large value, and a will bearing date of February 20, 1923, in which provision was made for numerous legacies, including some trusts. The residuary legatee is her son, Frederick Howard Swan. The fourth paragraph of the will reads as follows:

“Fourth: I hereby bequeath to my brother, George C. Bloom, if he be living, at the time of my decease, the sum of Fifteen thousand dollars, ($15,000.00) outright, but if said brother be not living at the time of my decease, then, in that case only, I give to the Pacific Southwest Trust and Savings Bank of Los Angeles, and its successors, the sum of Fifteen thousand dollars ($15,000.00) in Trust, however, for the following purpose, and for no other, viz: To invest and keep invested, said Trust Fund, in first mortgage, or other equally as safe securities, at the best interest safely obtainable, as long as this Trust continues, and to pay the net income received therefrom, with any accrued interest thereon, as long as this Trust shall continue, in semi-annual payments, and in equal

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proportion, to Minnie Perkins Bloom (wife of George C. Bloom) and to their two sons, George Thompson Bloom and Burton Fontaine Bloom, until said Burton Fontaine Bloom, shall arrive at the age of forty years (40) and if he shall not live so long, then until George Thompson Bloom shall arrive at the age of forty-five years, and if he shall not live so long, then upon the death of said George Thompson Bloom, said Trust shall terminate, and said Trustee shall pay over to said Minnie Perkins Bloom, if she shall then be living, one third of the entire Trust Fund, of Fifteen thousand dollars ($15,000.00), and the remaining two thirds of said Trust Fund, namely, Ten thousand dollars ($10,000.00) shall be equally divided, between the children of said George Thompson Bloom, and of Burton Fontaine Bloom, if any children survive them, but if no children shall survive said George Thompson Bloom or Burton Fontaine Bloom, then such an one’s portion shall revert to my residuary estate.”

Said will having been admitted to probate, the executors on February 19, 1934, filed their first account current, report and petition for partial distribution. Among other things they requested that the court construe and interpret paragraph four of the will. Minnie Perkins Bloom and Burton Fontaine Bloom appeared, and also asked for an interpretation of said paragraph four of the will. Respondent George Thompson Bloom filed no answer. He later appeared in the proceeding, but not until after the trial. After hearing upon the issues presented for decision, the trial court made its findings of fact and conclusions of law, followed by a decree of settlement of the account and partial distribution of the estate. Pursuant to stipulation of the parties agreeing to payment of the sum of $5,000 to Minnie Perkins Bloom as the sum to which she was entitled under the provisions of said fourth paragraph of the will, payment of that sum was directed to be made to her. The court, by its decision with reference to the right to the remaining $10,000 mentioned in said fourth paragraph, awarded said sum to respondents Burton Fontaine Bloom and George Thompson Bloom. It is from that provision of the decree that the executors and the residuary legatee Frederick Howard Swan, appeal.