Flannery v. Flannery

This is an appeal by the remainderman under a trust and the trustee from an order directing the latter to pay the net income from trust funds in his possession to the guardian of an incompetent’s estate under circumstances hereinafter set forth. The order being considered as one “instructing ... a trustee” (Prob. Code, §1240), it is appealable as such. (Estate of Ferrall, 33 Cal.2d 202, 204 [200 P.2d 1, 6 A.L.R.2d 142].) As will appear, the incompetent (James Joseph Flannery, referred to as “James”) is the beneficiary not only of the guardianship but of the trust as well.

James’ mother, Marie…