In Re Estate of Williams

Garfield, CM.

This is a controversy in probate between the executor of S. C. Williams, deceased, and the guardian of his widow over ownership of $4620 in currency found in the widow’s safe-deposit box soon after testator’s death. The trial court awarded the money to the guardian and the executor has appealed.

S. C. Williams, age seventy-eight, died November 16, 1948. Appellee, a niece, was appointed guardian of the widow, age eighty-two, on November 19, 1948, upon the latter’s application reciting she was of sound mind but infirm and in poor health (see section 670.5, Code, 1946). On August 11,…