Schultz v. Elmhurst College

This is an appeal involving a probate matter. Insufficient funds existed in the decedent’s estate with which to fulfill all of the bequests made under the decedent’s will. The executors of decedent’s estate petitioned the court below for instructions with respect to distribution of the estate. The guardian ad litem, who had been appointed to represent certain minor legatees named under the will, appeals from an order entered in the court below proportionately abating certain legacies under two separate articles of the will to two different groups of legatees.

The pertinent facts may be…