Estate of Berges

76 Cal.App.3d 106 (1977) 142 Cal. Rptr. 635 Estate of ALBERT A. BERGES, Deceased.

EVELYN FELIZ, Petitioner and Appellant,

v.

ISABEL THOMPSON, Individually and as Executrix, etc., et al., Claimants and Respondents.

Docket No. 3289. Court of Appeals of California, Fifth District.

December 21, 1977. [107] COUNSEL

Young, Wooldridge, Paulden & Self and Joseph Wooldridge for Petitioner and Appellant.

Edwin W. Wilson for Claimants and Respondents.

OPINION

BROWN (G.A.), P.J.

The determinative issue herein is whether the language of paragraph Fourth of the will of the decedent, Albert A. [108] Berges, created valid testamentary trusts in favor of the children of Isabel Thompson (Isabel), Jim Feliz (Jim) and Josephine Feliz Dawson (Josephine). Paragraph Fourth states:

"FOURTH: I do hereby give, devise and bequeath to EVELYN FELIZ the sum of $5,000.00 cash, and any automobile that I may die possessed of.

"I do hereby give, devise and bequeath to ISABEL THOMPSON, as trustee, the sum of $600.00 for each of her children surviving at the time of my demise.

"I do hereby give, devise and bequeath to JIM FELIZ, as trustee, the sum of $600.00 for each of his children, and I do hereby give, devise and bequeath to JOSEPHINE FELIZ DAWSON, as trustee, the sum of $600.00 for each of her children at the time of my demise. Said trusts shall terminate when each of said children attain the age of eighteen years.

"All of the remainder and residue of my estate, I do hereby give, devise and bequeath to the following equally, share and share alike, namely: ISABEL THOMPSON, a sister; JIM FELIZ, a brother; JOSEPHINE FELIZ DAWSON, a niece; and to San Felipe Boys Home in Bakersfield, California, said sum to be used solely and exclusively for the benefit of said San Felipe Boys Home in Bakersfield, California.