Security Pacific National Bank v. Agnew

Opinion

STONE (S. J.), P. J.

The subject of this appeal is the interpretation of a provision in a will disposing of the principal of a residuary trust. We conclude that the trial court’s interpretation of this provision is erroneous, and reverse.

Background

Anna Edwards (Anna) died in 1931; she left no spouse or children, and had three brothers.

In a will executed in 1930, she created a residuary trust which reads as follows in pertinent part: “Eighth: All the rest, residue, and remainder of *1370my property, real, personal, and mixed, and wheresoever the same may be situate [szc] or being, I give,…