Estate of Munson

86 Cal.App.2d 67 (1948) Estate of SPENCER M. MUNSON, Deceased. HARRY R. MUNSON, Appellant,

v.

FIRST TRUST & SAVINGS BANK OF PASADENA, as Trustee, etc., Contestant and Respondent; JOHN S. MUNSON et al., Heirs at Law and Respondents.

Civ. No. 16065. California Court of Appeals. Second Dist., Div. Three.

June 8, 1948. Roland Maxwell and Paul H. Marston for Appellant.

Cruickshank, Brooke, Dunlap & Ross for Contestant and Respondent.

Brown, Hamill & Hunt for Heirs at Law and Respondents.

WOOD, J.

Petitioner, one of the beneficiaries of a testamentary trust, appeals from an order denying his petition for instructions to the trustee.

In accordance with the terms of the will of Spencer M. Munson, the decree of distribution in his estate directed the trustee as follows: to pay to Maude McEwen, during her lifetime, the sum of $125 per month; to pay the balance of the income from the trust estate, after deducting certain expenses, in equal monthly installments to Edward H. Munson and Harry R. Munson, sons of the decedent, during the life of Maude McEwen; that in the event that either Edward H. [69] Munson or Harry R. Munson shall die prior to the death of Maude McEwen, then the income to which such deceased son would have been entitled shall be paid to the "heirs at law of such deceased son living at the date of the death of Spencer M. Munson, according to the laws of succession in the State of California"; that upon the death of Maude McEwen to divide the corpus of the trust estate equally between Edward H. Munson and Harry R. Munson; and that the "heirs at law of any deceased son to take their parent's share by right of representation."

Maude McEwen is still living. Edward H. Munson died subsequent to the decree of distribution, leaving two sons and two daughters surviving him who were living at the date of the death of Spencer M. Munson.

Included in the property of the trust estate is a note in the amount of $23,500 executed by Edward H. Munson. A creditor's claim for the amount of the note, which was filed by the trustee herein against the estate of Edward H. Munson, was allowed and approved. The representative of the estate of Edward H. Munson paid $169.54 to the trustee in part payment of the creditor's claim, and then advised the trustee that no further payment could be expected.