I concur in the judgment and in all that portion of the opinion relating to the validity of the trust as to the personal property.
So far as the attempted trust as to the realty is concerned, *Page 690 I can see no material distinction between the case at bar andEstate of Fair, 132 Cal. 523,1 and Estate of Sanford, 136 Cal. 97, and my concurrence is based upon the authority of those cases.
Shaw, J., and Beatty, C.J., concurred.
Rehearing denied.
1 84 Am. St. Rep. 70.