Herreshoff v. Herreshoff

MUSSELL, J.

Charles F. Herreshoff died testate in San Diego County on January 31, 1954. His will provided for the distribution of income and principal of his trust estate in the following language:

“FOURTH:

After the payment of all debts, expenses of administration, commissions, attorneys’ fees, court costs and taxes, including State, County, Inheritance, Succession and

[598]

Federal Estate, if any, I direct that my entire estate he distributed and I hereby give, devise and bequeath my said estate, real and personal, wheresoever situated, including all failed and lapsed gifts, hereinafter termed “the trust Estate” to San Diego Trust

&

Savings Bank of San Diego, California, a California Banking Corporation, Virginia T. Herreshoff, and James Brown Herreshoff and Lillian Stuart Herreshoff or the survivor or survivors of them,

In Trust Nevertheless,

to hold, manage and distribute as follows:

“A.

Distribution of Income and Principal.

“(1) One-half of the net income shall be distributed in monthly or other convenient installments, to or for the benefit of my intended wife, Virginia T. Herreshoff, for and during her lifetime, or for so long

as she remains my widow.

“(2) One-half of the net income shall be distributed in monthly or other convenient installments in equal shares to my brothers, James Brown Herreshoff and William Stuart Herreshoff, or to the survivor of them, for and during the lifetime of each of my said brothers.

“(3) Upon the death of the last survivor of my said brothers, I direct that the one-half of the net income received by them during their lifetime shall thereafter be paid to my sisters, Jeannette Brown and Anna Francis, in equal shares, should they be then living, or to the survivor of them, and if neither of my said sisters be then living, that said income be thereafter paid to my said intended wife, Virginia T. Herreshoff, for and during her life.