Wyss v. First National Trust & Savings Bank of San Diego

This is an appeal from an order in a probate proceeding denying the petition of the widow of the decedent to have set aside to her a probate homestead. Fred J. Wyss died on April 19, 1928. His will was admitted to probate on May 11, 1928. In this will, dated July 11, 1925, the testator devised and bequeathed to a named trustee “all of my property both real and personal of whatsoever kind or character and wheresoever situated,” to be held in trust upon certain conditions which need not be here fully detailed. In general, it may be said that under the trust provisions the net income of the…