Kester v. Jackson

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of final settlement in the Estate of Martha Elizabeth Barrier, deceased.

In order that a proper understanding may be had of the issue on which our decision is based, a statement of the pertinent facts follows.

Martha Elizabeth Barrier died on July 29, 1959, and her last will and testament was admitted to probate on August 28. Karl B. Jackson was appointed and qualified as the executor and trustee un*279der the terms of the will. Martha’s will gave certain real estate to her nephews George E. Jackson and Karl B.…