Estate of Faris

California Court of Appeal Jan 4, 1949 No. Civ. No. 3859Published

Before: Barnard

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Holding. The court held that the will created a valid trust because the testator expressed a clear intent to postpone the vesting of the estate until the beneficiary reached age 25 and included a 'gift over' provision. The decree of distribution was affirmed as modified to include the contingent distribution to the testator's brothers.

Issues

Whether the will created a trust or required direct distribution to the beneficiary's guardian.
Whether the testator intended to postpone the vesting of the estate until the beneficiary reached age 25.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“An intention that the property should not vest in the son unless and until he reached the age of 25, and that the property should be held in trust in the meantime, clearly appears.”

“It has frequently been held that a "gift over" clause in a will is a strong indication that the testator did not intend an immediate vesting of interest in the beneficiary at the time of the testator's death.”

89 Cal.App.2d 515 (1949) Estate of BIRDIE MICHAEL FARIS, Deceased. FIRST NATIONAL BANK OF POMONA (a National Banking Corporation), as Administrator, etc., Respondent,

JAMES WILLIAM FARIS, a Minor, etc., Appellant.

Civ. No. 3859. California Court of Appeals. Fourth Dist.

Jan. 4, 1949. Marshall Stimson and Noel Edwards for Appellant.

Allard, Brownsberger, Shelton & O'Connor for Respondent.

BARNARD, P. J.

This is an appeal from that part of a decree of distribution which interprets the will as creating a trust and distributes the property to a trustee.

The material part of the will in question reads as follows:

"Secondly: I leave all my estate, property and effects, real, whatsoever and wheresoever situated of which I may die seized or possessed to my beloved Son, James William Faris, to be turned over to him at the time he becomes (25) twenty-five years of age."

"Until then the estate to be handled by the executors of this will, my (Brothers, Lloyd H. Michael, and Edward T. Michael) paying James William Faris as much per month as they deem advisable. [516]"

"In event my Son, dies leaving, no children, then this property (my whole estate) to be divided in thirds (a) one-third to my Brother Lloyd H. Michael, (B) one-third to my Brother Edward T. Michael. (C) one-third to my brother Wilford M. Michael."

The first paragraph directed the payment of debts. The third and final paragraph nominated executors.

The order and decree settled the final account, found that the law required the appointment of a trustee in order to carry out the trust created by the will, and appointed the respondent bank as such trustee. It then distributed the estate to this trustee with directions to pay to James William Faris during the period of his minority a reasonable sum for his maintenance; to pay him the net income after he attained the age of majority; and to "distribute" to him all of the corpus of the estate with any remaining income when he shall have attained the age of 25 years.

Estate of Faris

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BARNARD, P. J.

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