In re the Estate of Kelly

Gilbert, S.

This is a proceeding brought by the executor of the estate of Mary Ann Kelly for leave to sell decedent’s real estate for the purposes of distribution and for the construction of paragraph second of the will of the decedent.

The decedent died August 29, 1927. Her will was duly admitted to probate by this court on October 18, 1927, and letters testamentary were issued on that date to Ambrose Kelly, the petitioner herein, a son of the decedent. The executor entered into the performance of his duties and thereafter and in the month of July, 1928, a proceeding was commenced for a…