Whitten v. La Plante

This is an appeal from an order denying a petition for partial distribution. William Parsons died, leaving a last will and testament which was duly admitted to probate, without objection or contest, and letters testamentary thereon were issued. In due course, Wilfred Whitten, Muriel Whitten, and Oliver Whitten filed a petition for partial distribution, alleging themselves to be legatees under the will, and each entitled to one thousand dollars. The respondent executor denied the claims of the petitioners and filed objections to the granting of the petition on the ground that the provisions of…