Estate of Somerville

WHITE, J.

This appeal presents a question of construction of the last will and testament of George W. Somerville. The testator died on July 9, 1937, leaving as his survivors his widow, Cora I. Somerville, two daughters, Carol Somerville Ashley and Madge Somerville Nippolt, formerly known as Madge Somerville Ruenitz, and two sons, Saxe Somerville and Wayne W. Somerville. Decedent’s will was admitted to probate, and the widow and daughter Carol Somerville Ashley were appointed and regularly qualified as executrices thereof. The provisions of the will which require consideration by us read as follows:

‘1 FIRST: I give, devise and bequeath unto my beloved wife, Cora I. Somerville, free from all incumbrance, the family homestead, situated at No. 2414 Eighth Avenue, Los Angeles,

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California, together with all the contents thereof; also the sum of Fifty Thousand Dollars ($50,000.00) to have and to hold the said house and contents and said Fifty Thousand Dollars ($50,000.00) during the term of her natural life, and at her death all of said property, or the residue thereof, shall descend to and become the property of my four children hereinafter mentioned, share and share alike. All of said property shall also become the property of said children, share and share alike, in case my said wife does not survive me; it is my last will and desire that my said wife shall not only have the use and income from all of said property during her natural life, but that she may dispose of such parts thereof as she deems necessary for her personal comfort and happiness.

“SECOND: All the balance and residue of my property, of whatsoever kind or nature, or wheresoever situated, I give, devise and bequeath unto Madge Somerville-Ruenitz, Carol Somerville-Ashley, Saxe Somerville, and Wayne W. Somerville, to be divided equally between them, share and share alike; provided, however, that the said share of my said son Saxe Somerville, shall be held in trust by my executrixes hereinafter named until he is fifty-two (52) years of age, and the share of my said son, Wayne W. Somerville, shall likewise be held in trust by said executrixes until he is forty-seven (47) years of age, the income from the share of each of said sons, however, shall be paid to him annually; and provided, further, that the whole or any part of the share of Saxe Somerville may be paid to him before he becomes fifty-two (52) years of age, and to my son Wayne W. Somerville before he becomes forty-seven (47) years of age, in case any two of my said executrixes hereinafter named, in their opinion, deem it necessary or for the best interests of said son or sons.