Estate of Sullivan

[145]

DRAPEAU, J.

By his holographic will which was duly admitted to probate, testator left “all my holdings personal and real, to my wife Charlotte L. Sullivan. Except I want to will or give to each of my

douthers

(sic) Harriett, & Clarabelle & Thula, $2,000.00 each. The money to be raised by sale of the SE % of Sec. 26, Twp. 7 N Rg. 10 W or they may have the deed to settle same. My wife Charlotte is to have the right to sell anything else to finish improving the % interest I have in the NE 14 of Sec. 2 7 N Rg. 10 W. so that the income should keep her. No lawyer or court is to misconstrue my intentions due to any technicality that may be wrong in this.

“R. Ed Sullivan

“All cash in bank to be her’s (my wife) at once.

Place notes due me from Jimmie Quick and Ray Bob up for collection at once.”

Harriett, Clarabelle and Thula are testator’s daughters by a former marriage.

Before his death, testator disposed of the SE 14 of Section 26, the sale of which was to provide the funds to pay the legacies to the daughters.

In her final account and petition for distribution, said Charlotte L. Sullivan, as administratrix with the will annexed, alleged that the entire estate was community property; that it consisted of $127.75 cash, a 1936 Buiek automobile, a house trailer and the undivided half interest in the property devised to her; that she advanced her own funds to pay costs of administration. And she prayed for distribution to her of the whole estate in accordance with the terms of the will. The three daughters filed objections to this and asked for distribution of $2,000 to each of them as provided in the will.

When the contest was heard, no evidence was taken, but it was stipulated that the said SE 14 of Section 26 had been disposed of by testator prior to his death.

The trial court found that, under the terms of the will, it was decedent’s intent that his three daughters take nothing and that his widow was entitled to the whole of the estate.