In Re Guardianship of Baldwin

The real difficulty in this case is attributable more to the procedure followed than to any inherent uncertainty as to the law. Stated clearly, the decisive question becomes one largely, if not wholly, of fact.

Lemuel L. Buck died testate on or about December 4, 1922. His will was duly admitted to probate in January following, and T. S. Buck, his son, named as executor in the will, duly qualified and entered upon the discharge of his duties. In due time he filed a final report and was discharged as such executor.

A portion of the estate of Lemuel L. Buck was bequeathed to Gertrude Baldwin, Alva…