In re the Estate of MacGowan

Lawrence E. Kahn, S.

This proceeding involves a petition for a determination as to the validity, construction and effect of the appointment of a testamentary guardian under the will of the decedent, Benita MacGowan. The petitioner in this proceeding is the testamentary guardian who was appointed pursuant to that will.

Decedent died on December 1, 1970, and letters of administration c. t. a. were issued to petitioner on April 13, 1971. The will, which was executed October 22, 1963 was a joint will of decedent and her husband who had predeceased her.

The will, in paragraph Second, provided: "all…