California Court of Appeal May 31, 1944, Civ. No. 14361 (Jackson v. Waldsmith)

MOORE, P. J.

The question for decision is whether a beneficiary of a trust is vested with an indefeasible equitable title to a share of the income and corpus where the decree creating the trust directed payment to be made to a class consisting of a nephew and his surviving lawful issue, the perpetuity of the interest of each of the three in any installment of income or principal being conditioned