Ottosen v. Lilley

WARNS, J. pro tem.

*

This is an appeal from a decree modifying a decree of final distribution by striking therefrom a portion relating to after-discovered property.

[541]

On April 9, 1954, the Bank of America National Trust and Savings Association, as executor of the estate of John S. Lilley, deceased, filed its final account and petition for final distribution, wherein it appears that by the terms of decedent’s last will he gave, devised, and bequeathed to his sister, Rose Otto-sen (spelled in the will “Otteson”), $10,000; to his niece, Lila Mosna (daughter of Rose), $500; to his stepson, Jack Mc-Guigin, $500; to his stepdaughter, Dorothy Bell, $500. All the rest, residue, and remainder of his estate was bequeathed to his wife, Mary P. Lilley.

The court incorporated in the “Decree Settling Final Account of Executor and Final Distribution” the provision of the will above-mentioned as to specific bequests and also the residuary clause, and then found in said decree as follows:

“That the net amount before award for any extraordinary compensation is $3,767.01, as appears from the first and final account of said executor, therefore the specific bequests in the will of said decedent must be abated; the abatement of these bequests shall be in the following percentages:

“Rose Otteson.................. 0.86956

“Lila Mosna ................... 0.04348

“Jack McGuigin ............... 0.04348

“Dorothy Bell.................. 0.04348”

The court further stated:

“That there will be no balance left after payment on the distribution to the above named persons of the percentages set forth, of the net remainder, which are specific bequests, therefore there can be no payment of any amount to the residuary legatee.”

After reciting the above facts, the court ordered that “the residue of said estate hereinafter particularly described,

and any other property not now known or discovered, which may belong to the said estate or which said estate may have cm interest in,