In Re the Estate of Eberle

Joseph Eberle died testate in 1964, leaving a large estate in Clallam County, the principal asset of which is a dairy farm. He left surviving him as his heirs a wife, Anna Eberle, and five adult children, namely, three daughters, Mary Nelson, Margaret Lotzgesell, and Clara Carr, and two sons, Edwin Eberle and Frank Eberle.

His will named Frank Eberle and Margaret Lotzgesell as co-executors, who by paragraph 2 of the will were extended the usual nonintervention powers. However, paragraph 11 of the will appears to conflict with the nonintervention powers previously conferred, by providing:

It is…