Partridge v. Von Ahnden

McCOMB, J. This is an appeal from an order of the probate court settling the amended final account and decreeing final distribution of the estate of Mathilde Hampe, deceased.

The essential facts are these:

Mathilde Hampe died on December 17, 1945, leaving a will dated April 17, 1943, which contained among others the following provisions:

“Fourth. I give, devise and bequeath the following property or sums of money to the. following persons.

“ (a) All of my stocks and bonds, (except all of my series ‘E,’ U.-S. Defense Bonds), not sold to provide said funds, I give to my niece Martha Ahnden one seventh; . . .

“Eighth. I give, devise and bequeath the residue of my estate, wherever situated, in equal parts to. Martha Ahnden, Lillian S. Brown and Geraldine S. Litwin, to share and share alike.

[558]“Ninth. In the event that Martha Ahnden, shall die prior to distribution, all interests in said properties devised and bequeathed to her by this Will, shall fail, and shall be given, in equal parts to Lillian S. Brown and Geraldine S. Litwin, to share and share alike.” (Italics added.)

On or about October 29, 1946, a decree of partial distribution was entered, distributing to Martha Ahnden the sum of $7,000 on account of the specific legacy given to her by paragraph Fourth of decedent’s will. This sum was paid to her November 27, 1946.

On March 5, 1947, Martha Ahnden died. On March 21, 1947, an amended final account and petition for distribution of decedent’s estate was filed. In the petition for distribution it was alleged: “That said Martha Ahnden, legatee, died on March 5th, 1947, and all interest in said properties devised and bequeathed to her by said will, and not distributed, did fail, and Lillian S. Brown and Geraldine S. Litwin, share and share alike, became entitled to the same.”

April 11, 1947, the probate court made an order settling the amended final account and decreeing the distribution of the sum of $5,000 to Geraldine S. Litwin and a like sum to Lillian S. Brown. The residue of the estate, consisting of the sum of $180.42, was ordered distributed to the same persons, share and share alike. Nothing was ordered distributed to appellant herein as the executrix of the last will and testament of Martha Ahnden.