Sontheimer v. Pierce

I dissent.

i I am convinced that the oraer of the trial court holding that the testator intended the adopted children of the annuitants to be included in the term “children, lawful issue” should be affirmed. . . "

The general rule is that the findings of a trial court should be liberally construed and any inconsistency therein so resolved as to uphold rather than defeat its judgment. (Woodbine v. Van Horn, 29 Cal.2d 95, 109 [173 P.2d 17]; Menghetti v. Dillon, 10 Cal.2d 470, 472 [75 P.2d 596]; Ensele v. Jolley, 188 Cal. 297, 303 [204 P. 1085]; Murray v. Tulare Irrigation Co., 120 Cal. 311, 315…