Hintze v. Black

LANSING, Judge.

By this appeal we are asked to determine the meaning of a clause in a will which makes a bequest to a legatee “provided he survive distribution thereof to him.” Appellants Marjorie Hintze and Bonnie Colyer, personal representatives of the estate, ask this Court to hold that “distribution” means any trans fer of estate assets to the legatee during the course of the administration of the estate. The respondent, John Black, asks us to hold that “distribution” requires an order of the court approving the transfer or a final settlement or closing of the estate. We conclude that the…