Estate of Nicoll

Clarendon R. Nicoll died on July 8, 1945, leaving an holographic will, dated October 11, 1948, in which he did not nominate an executor. David R. Nicoll, brother of decedent, filed a petition for probate of the will and for letters of administration with the will annexed.

The decedent had obtained an interlocutory decree of divorce from his wife, Mary Nicoll, on June 28,1940, but a final decree of divorce has not been entered. Under a property settlement agreement executed on June 19, 1940, by decedent and Mary Nicoll, which was made a part of the interlocutory decree, the decedent and Mary…