Roulac v. Johnson

Opinion

AULT, J. *

This is the second appeal resulting from hearings on the petition of appellant Edna Farr Roulac under Probate Code section 1080 for determination of entitlement to distribution of income and corpus of a testamentary trust established by the will of her late husband, John W. Roulac. The substantial and unique question presented by the appeal is: If intestacy, in whole or in part, results because of the order in which the income beneficiaries die, should the testator’s heirs be determined as of the date of his death or as of the date of the termination of the trust?

A threshold…