Estate of Cottrill

Minnie F. Cottrill died on August 9, 1941. She left an holographic will dated January 10, 1939, to which there were two codicils. The last codicil was dated June 20, 1940. The estate was of the approximate value of $49,000. Her only heir was a niece, the appellant. The will and codicils were admitted to probate and provided that the estate should be distributed as follows: $50 to the niece; $105, in the aggregate, to other persons; and the residue to The First Church of Christ, Scientist, in Boston, Massachusetts. Said church was a charitable institution.

On May 17, 1943, the executrix filed her second and final account, and a petition for final distribution wherein the executrix sought distribution in accordance with the provisions of the will. Appellant filed objections to the petition for final distribution, wherein she stated that she was a niece of decedent; that the will devised and bequeathed to a charitable corporation for charitable uses more than one-third of the estate; that the will was executed more than six months before decedent’s death; that appellant was entitled under the law to have “distributed to her two-thirds of the estate”; and that the petition for…