Hill v. Hill

Root,’ J.

This is an action to require a trustee to pay to the plaintiff the net income of his alleged share of an estate; those defendants, who also contend that they are beneficial owners of shares of that estate, pray that the trustee be required to convey the entire estate to the equitable owners thereof. The cross-complainants prevailed, and the trustee appeals.

The instrument involved in this controversy is the last .will and testament of Lew W. Hill, deceased, and is as follows: “I, Lew W. Hill, hereby make and declare this my last will: I will and bequeath to my nephew, John W. Hill,…