In Re BENNETT ESTATE

This is an appeal from a probate court order of distribution of a residual estate after a trial with regard to objections to the personal representative’s petition for complete estate settlement. We reverse and remand.

i

John Smith Bennett died on July 12, 2000. He left a will dated April 27, 1977, that bequeathed his entire estate to his wife, Aletha Bennett. The will further provided that in the event Aletha preceded John in death, the estate was bequeathed in equal shares to John’s four natural children and his four stepchildren. Aletha predeceased John and he remarried, but did not change…