In Re Estate of Burke

Petitioner, J. Donald Burke, Sr., filed a petition as executor of the estate of James 0. Burke seeking to sell certain real property of the estate. An objection to the sale of the real estate was made by certain heirs of the deceased claiming to have an interest in the property because of a specific devise to them in the will of the decedent. Because of a misdescription of the property in the specific devise contained in the fifth clause of the will, the executor argued that the specific bequest failed and the property should pass through the residuary clause of the will. After considering…