Holmes v. Wick

Opinion

BIRD, C. J.

This probate case raises interrelated issues arising from a trial court order that a specific devise of real property abate proportionally with general monetary bequests. There are two specific issues. First, did appellant have adequate notice that the court might order *706abatement of her devise, where the petition pending before the court conceded that the real property would not ábate? Second, was the trial court correct in ordering abatement of the real property devise?

I

Edward Jenanyan died ofr August 9, 1976, leaving a will dated February 3, 1975, and a holographic codicil…