Guam § 647 - , supra] and the addition of Probate Code § 162.5 [which reads similarly

§ 647. , supra] and the addition of Probate Code § 162.5 [which reads similarly

to § 649] in 1959, the following questions were unsettled in California:

(a) Is the income beneficiary of a residuary trust entitled to income

earned during probate upon assets which are sold prior to distribution of the

probate estate? (Probate Code § 162.5 now so provides.)

(b) Is the beneficiary of a trust established by a general pecuniary

legacy, rather than a residuary bequest, entitled to receive income from the

date of the testator’s death or only from the date when the fund is distributed

by the executor to the trustee? (Probate Code §§ 162 and 162.5 provide for

income from the date of distribution.)

(c) Where a portion of the residue is bequeathed in trust and the balance

outright, how is the probate income to be divided? (Probate Code § 162.5

provides for pro rata distribution.) For example, if half the estate is

bequeathed in trust and half outright, the income beneficiary of the residuary

trust should receive half the income and the other half should be added to the

share of the outright residuary legatee. California Continuing Education of

the Bar, California Estate Administration, § 37.23.

Also see Comment to § 647, supra.

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