Eggert v. American Trust Co.

GO ODELL, J.—This

appeal was taken from an order denying the appellants’ motion to amend and correct the decree of final distribution in this estate. The motion was made over two years after distribution, and at the time (shortly after the death of the testator’s widow) when the respondent trustee was about to deliver to the respondent orphan asylum, that part of the residue of the estate distributed to it by the decree. The share thus going to charity consisted of securities, the value of which may be conceded to be in excess of the statutory limit of one-third of the estate (Prob. Code,…