In re the Estate of Akin

Fowler, S.

The petitioner, Oscar Clark Miller, alleges that he is a legatee named in the second paragraph of the codicil to the last will and testament of Sarah Akin, deceased; that he is entitled to the entire income of the trust fund mentioned in the said codicil; and he makes this application under section 2689, Code of Civil Procedure, to obtain an order directing the trustees to pay the said income to him. The paragraph referred to reads as follows:

“ I give and bequeath to my trustees the sum of twenty-five thousand dollars ($25,000), to have and to hold the same for the following uses…