Estate of Harrington

California Court of Appeal Oct 17, 1957 No. Civ. No. 22455Published

Before: Fourt

AI Brief

AI-generated · verify before citing

Holding. The court held that the discretionary trust created for the testator's sister was extinguished upon her death because the sole purpose of the trust—providing for her welfare and support during her lifetime—became impossible to accomplish. Consequently, the residue of the estate was properly distributed to the remainderman, the testator's granddaughter.

Issues

Whether the discretionary trust for the testator's sister survived her death when no distributions had been made during her lifetime.
Whether the residue of the estate should be distributed to the remainderman or the estate of the deceased beneficiary.

Disposition. affirmed

154 Cal.App.2d 470 (1957) Estate of WILLIAM FRANCIS HARRINGTON, Deceased. DORA M. WYNN, as Administratrix, etc., Appellant,

CALIFORNIA BANK, as Guardian, etc., et al., Respondents.

Civ. No. 22455. California Court of Appeals. Second Dist., Div. One.

Oct. 17, 1957. Carol G. Wynn and Sidney Gordon for Appellant.

Gray & Guy and Frank E. Gray for Respondents.

FOURT, J.

Appellant is the daughter of Grace Matfield, deceased, and administratrix of her estate. Said decedent was named the beneficiary of a discretionary trust under the will of William Francis Harrington, deceased. Grace Matfield and William Francis Harrington were brother and sister.

Respondent is the guardian of Judy Farrar, a minor child. Judy Farrar is named the remainderman in the trust set forth in the will of William Francis Harrington, deceased. The wording of the clauses with which we are particularly concerned is as follows:

"Fourth: It is my intention, desire, will and my direction to my said Executor to provide for the welfare, care, support, treatment, comfort and happiness of my sister, Grace Matfield, who now resides at 50 Esperanza Street, Sierra Madre, California, during her lifetime, and to effectuate that purpose I give, devise and bequeath to my said Executor, Wm. Christensen, in Trust, all of my property, real, personal and mixed, and wherever situate, to be used only as hereinafter directed."

"Fifth: Said Executor shall pay out of income, or if the income be insufficient then out of principal, to and for my said sister such sums of money and at such times and in such manner as he may, in his discretion, deem to be necessary in order to so provide for her. Said Executor shall have the right to mortgage or hypothecate so much of the trust property and for such prices and upon such terms and conditions as he deems proper in order to so provide for my said sister."

"Sixth: Upon the death of my said sister, said Executor shall pay out of the income, or if the income be insufficient then out of the principal, her expenses of last illness and burial expenses in the event that he deems her estate be insufficient to meet such expenses and shall distribute to my granddaughter, Judy Farrar, who presently resides in Grant's Pass, Oregon, all of the residue of my estate then remaining undistributed.

Estate of Harrington

AI Brief

FOURT, J.

More from California Court of Appeal

Related research

NOTES

AI Brief