Estate of Northcutt

THE COURT.

The executor and testamentary trustee named in the will of Carrie L. Northcutt, deceased, has instituted this appeal from an order of partial distribution by which the sum of $750 was directed to be paid out of the estate to the respondent, Robbie Nelson Dewar, who was designated as one of the legatees in the said will.

At the time of her death on February 14, 1938, the testa trix possessed two parcels of real property of the estimated total value of $40,000, cash on deposit in a bank in the amount of $7,250.75, and certain other' property which consisted of household furniture and…