Colgan v. Sisters of St. Joseph of Carondelet

The defendant, the Sisters of St. Joseph of Carondelet (the Sisters), filed a motion in probate court to compel distribution of $217,417.85 as its distributive share under the will of the decedent, Blanche L. Colgan. Walter J. Colgan, the executor of the decedent’s estate, filed a petition for directions, requesting that the court determine the disposition of the balance of the estate. The trial court granted the Sisters’ motion to compel distribution and dismissed the executor’s petition for directions. The executor appeals.

The record shows that on December 18, 1979, the decedent executed a…