ESTATE OF FERRALL

Docket No. L.A. 22204.

41 Cal.2d 166 (1953)

258 P.2d 1009

Estate of JOHN C. FERRALL, Deceased. ALEXANDER C. HAMILTON, as Executor, etc., Respondent, v. BANK OF AMERICA, as Cotrustee, etc., et al., Appellants.

Supreme Court of California. In Bank.

June 30, 1953.


Attorney(s) appearing for the Case

Earle M. Daniels, Burdette J. Daniels, Hallam Mathews and Eugene M. Elson for Appellants.

Potter, Potter & Rouse and Bernard Potter, Jr., for Respondent.


SHENK, J.

Separate appeals have been taken by the trustees and the contingent remaindermen of a testamentary trust from an adverse decision in a proceeding brought by the guardian of the beneficiary, an incompetent person, under section 1120 of the Probate Code. The proceeding was brought to compel the trustees to exercise the discretion vested in them to invade the corpus of the trust estate to provide for the "care, needs and comforts" of the beneficiary.

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