In Re Bird's Estate

225 Cal.App.2d 196 (1964)

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Nature of the Case

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Facts

Jeannette and Geoffrey executed their wills simultaneously. Jeannette died a few months later, and her will was admitted to probate. She gave a trust to Geoffrey for his life and gave exclusive power to dispose of the corpus and undistributed income, and if he failed to exercise that power or it was declared void, the corpus and any undistributed income shall become part of the estate of her husband and be distributed to his heirs at law. Geoffrey died three months later, and he exercised the power. It was put in trust for the benefit of his children in equal shares for life and that trust was to terminate upon the death of the last survivor of his children and grandchildren living at the time of his death and the entire corpus and undistributed net income was to be distributed to the children of his grandchildren per capita. The lower court found that the rule had been violated.