First National Bank v. Hetzel

GRIFFIN, J. On October 24, 1923, Margaret Hetzel White executed her will and created a life estate and testamentary trust in her home in Laguna. She gave all of her personal property to her husband, William Henry White, and the income and use of the home so long as he lived. Subject to this life estate she devised the home to the First National Bank in Santa Ana, as trustee, to hold in trust “subject to the following purposes”:

“That said Trustee shall ascertain how many children are then living, being the issue of my husband’s son and daugh[891]ter, who are named respectively, Reginald M. White of Rochester, New York, and Daisy Colebeck of Bellwood, Pennsylvania." That at the present time there are living the issue of said Daisy Colebeck, two boys one named Paul Frederick Colebeck, and the other Gilbert Colebeck. That after ascertaining the number of children as aforesaid who are then living said trustee shall proceed to sell said real property as soon as the same can advantageously be done and deduct from said proceeds of the sale of said property, 1st, an amount of $1000.00 which it shall pay to my nephew, Joseph Linn Hetzel, of Southport, Connecticut, and 2nd an amount equal to the number of months by which I survive my said husband, (Apparent error as to the term “by which I survive my said husband” is corrected in the decree of distribution which reads: “by which the said Margaret White is survived by her said husband”,) multiplied by $30.00 and the total amount so arrived at shall be divided into as many portions as there are grandchildren of my said husband.

“There shall be paid by said Trustee for the education of each of said grandchildren of my said husband, in branches higher than those studied in high school grades the sum of $30.00 per month until each of said portions has been exhausted. If any of said grandchildren should die before graduating from high school, or if any of said grandchildren should fail to continue his or her education through the high school grades or if any of them should thereafter refuse to continue their education beyond high school grades and cessation of attending any school for a period of one year shall be conclusively be presumed that said grand child does not intend to take advantage of the bequests herein made, then I direct that said Trustee shall pay the sums which would otherwise be paid to the education of said child for the education of the remaining grand-children, dividing the same equally between them until the said fund secured as herein-above provided for has been entirely exhausted.” (Italics ours.)