McClary v. Harbaugh

The opinion of the court was delivered by

Herd, J.:

This is an appeal from an order terminating a testamentary trust. Mayme Harbaugh died July 19, 1977, survived by her three children: Pauline McClary, age 64, Louise Kirkbride, age 62, and Pete Harbaugh, age 60. Her last will and testament, dated October 24, 1969, was admitted to probate, and Pete, who was named executor in the will, was duly appointed and the estate was probated and closed.

Mayme Harbaugh’s will left her farm real estate, an undivided one-half interest in 1,040 acres, in equal shares to Pete and Louise. These two children…