ESTATE OF HANEY

Docket No. 18319.

174 Cal.App.2d 1 (1959)

344 P.2d 16

Estate of ELEANOR J. HANEY, Deceased. HENRY S. KINSELL et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Testamentary Trustee, etc., et al., Respondents.

Court of Appeals of California, First District, Division One.

September 24, 1959.


Attorney(s) appearing for the Case

Gilbert D. Calden and A. Brooks Berlin for Appellants.

Stanley Mosk, Attorney General, B. Abbott Goldberg, Assistant Attorney General, Elizabeth Palmer, Albert W. Harris, Jr., Deputy Attorneys General, Beard & Wien, Henry Wien and Albert T. Shine, Jr., for Respondents.


TOBRINER, J.

The basic problem for decision is whether certain assignments of interests in a testamentary trust were effective, thus decreasing or defeating the interests of the appellants. The trial court held such assignments effective. We disagree; the assignors merely possessed contingent remainders; on the nonoccurrence of the condition the assignee possessed nothing.

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