Blackburn v. Blackburn

[572]

CONREY, P. J.

This appeal is from an order, the effect of which was to determine that Irene Blackburn and Lulu B. Spurling had forfeited their right to the legacies provided in the will of Simon Houston Blackburn to be bequeathed . to them, by having filed objections to the appointment of one Grace B. Killough as one of the executrices of said will.

Irene Blackburn who had been named in the will as one of the executrices filed a petition for the probate of the will and for the issuance to herself of letters testamentary. In the will the testator appointed Grace B. Killough as the other executrix. On December 9, 1929, the petition was duly heard and an order was entered admitting the said will to probate and appointing Irene Blackburn executrix: On the same day, after the making of the order appointing the said Irene Blackburn executrix, Grace B. Killough filed a petition praying that she be appointed a joint executrix of the estate of said decedent. On the twentieth day of December, 1929, Lulu B. Spurling and Irene Blackburn filed objections in the superior court to the appointment of Grace B. Killough as executrix. These objections were overruled and an order was made appointing Grace B- Killough coexecutrix of the estate of said deceased. On June 19, 1930, Irene Blackburn and Grace B. Killough, as executrices of the last will of Simon Houston Blackburn, deceased, filed a petition for partial distribution, praying that $22,000 of the funds on hand be distributed to the legatees entitled thereto pursuant to the terms of the will. The court ordered partial distribution to all of the legatees except Irene Blackburn and Lulu B. Spurling, and continued the hearing as to the right of these two last-named persons to share in the distribution. Thereafter George M. Blackburn, one of the legatees, filed a petition to construe provisions of the will with respect to the right of Irene Blackburn and Lulu B. Spurling to receive any legacy or bequest thereunder. Thereupon, after due hearing of the matter, the court determined that Irene Blackburn and Lulu B. Spurling, pursuant to the provisions of the will, of said deceased, had lost the right to recover any legacy or bequest under the will of said deceased by reason of having theretofore, in violation of the terms and provisions of said will, filed an objection to the appointment of Grace B. Killough as one of the executrices.