Estates of Yates

HENSHAW, J.

By his will Charles M. Yates bequeathed three specific legacies in the following language:

“4th. I bequeath to Jessie Maud Stephens one thousand dollars, same to be held in trust and the principal and in

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terest to be paid to Bartlett Stephens when he arrives at the age of twenty-five years.

“5th.' I bequeath to Roscoe Smith of Santa Clara, Cal., one thousand dollars. The same to be paid to him when he arrives at the age of twenty-five years.

“6th. I bequeath to Ruth Keys of Santa Clara, Cal., the sum of five thousand dollars, said sum to be held in trust by her mother, Lizzie Imogene Keys. The principal and interest to be paid to Ruth Keys when she arrives at the age of twenty-five years.”

As to the fourth legacy the court in its decree of distribution declared as follows:

“And it further appearing to the satisfaction of the court that the one thousand ($1000) dollar legacy bequeathed to Jessie Maud Stephens to be held in trust to be paid to said Bartlett Stephens when he arrives at the age of 25 years, is, to the extent of four (4) years invalid, but is valid to the extent of holding the same in trust until he arrives at the age of 21. ”

As to the fifth legacy it found that the term of twenty-five years was void to the excess of four years after Roscoe Smith attained majority, and that at the time of the decree he had passed his majority. As to the sixth legacy it found in like manner, that the limitation in the trust of seven years after Ruth Keys attained her majority was void, and that at the time of distribution she was over the age of eighteen years. The decree then proceeded to distribute these legacies directly to the beneficiaries. Eugene Adolph Yates, one of the residuary legatees under the will, has appealed from this decree, attacking only the construction which the court has put upon these legacies in trust.

While the language of these legacies differs somewhat, it is apparent that there was no difference in the trusts sought to be declared by the testator. In the fifth and sixth legacies he bequeathed the money directly to the legatees, declaring, in effect, that the legacies should be paid only when the legatees reached a designated age. In the fourth the bequest was in terms to a trustee, to hold the principal and accumulate the interest and pay it to the beneficiary when he reached the age of twenty-five years. This legacy contains a similar provision for the retention and accumulation of income. The fifth is silent upon the matter. These trusts do no violence