Heard v. Bank of America National Trust & Savings Ass'n

Emma C. Heard, a widow, died on November 23, 1939, leaving an estate valued in excess of $200,000. Her only close relatives were a brother, to whom she bequeathed $5.00, and her son, John W. Heard, Jr., plaintiff and respondent in this proceeding. Under section IV of her will, admitted to probate on January 2,1940, she bequeathed, in trust, the residue of her estate to appellant Bank of America National Trust and Savings Association, in its capacity as trustee (hereinafter referred to as trustee). This trust provided for a life income for the respondent in the sum of $200 a month, and…