Osgood v. Hoff

STURTEVANT, J. Janie M. Osgood died testate in Los Angeles. In due time her will was admitted to probate. The decedent left her surviving one heir, a son, Alfred J. Osgood. By the terms of said will the decedent left all of her estate to Eliza A. Osgood in trust for said son, A. J. Osgood. The trust was in form a spendthrift trust. The will named Eliza A. Osgood, wife of decedent’s son, as executrix of said will and as trustee of said trust.

On September 21, 1939, Eliza A. Osgood, as executrix, filed her second and final account, report, and petition for distribution. In form it was regular and complete in all respects. However, Maggie A. Hoff filed objections and exceptions to said account and petition. In that pleading she alleged that on December 19, 1934, judgment was entered in her favor against A. J. Osgood for $5,716.70; that on April 16, 1935, she caused execution to be issued and served on all the right, title, claim and interest of defendant A. J. Osgood in [295]and to the estate of Janie M. Osgood and under the trust created and established by said will; that on April 24,1935, she caused the interest so attached to be sold by the sheriff; that she purchased such interest for $100 and a certificate of sale was delivered to her which she still holds and which is wholly unsatisfied; that on April 30,1935, she notified Eliza A. Osgood, as executrix, and demanded an account; that said Eliza*A. Osgood replied in writing that said objector acquired no right, title or interest; that Alfred J. Osgood died March 6, 1937, and no administration of his estate has been had; that said trust is one for maintenance; that Eliza A. Osgood has made payments contrary to the terms of said will; and that said Eliza A. Osgood failed to report the existence of the attachment of the objector. To those objections and Eliza A. Osgood, as executrix, filed written The issues so framed were heard before the probate court. On March 21, 1941, it made findings, including among others the following: That under said levy and sale Maggie A. Hoff acquired no right, title, or interest in or to, or any lien upon any of the property of the estate of Janie M. deceased, or any property belonging to the trust by Janie M. Osgood; that said trust is a spendthrift trust; that Eliza M. Osgood has made no disbursements to the terms of said will or said trust; that said trust is a valid trust; and that at no time since the death of Janie M. Osgood was there any surplus of rents or profits beyond the sum for the support and maintenance of said Alfred J. Osgood, now deceased, and no property in the estate of said Janie M. Osgood or in the trust created by said Janie M. Osgood in her said last will which is or was liable to or for the claims of creditors of said Alfred J. Osgood.