Mulholland v. Mulholland

Appeal by Vera Kelton Mulholland, widow of Clyde V. Mulholland, from a judgment determining interests of legatees and devisees under a joint will and ordering preliminary distribution in accordance therewith.

Question Presented

The correct interpretation of the mutual will in view of petitioner’s petition for distribution under its terms.

Record

Petitioner and deceased were husband and wife on October 25, 1967, and remained so until his death on June 25, 1969. On the first mentioned date they executed the conjoint or mutual will hereinafter described. After the husband’s death, petitioner and Union Safe Deposit Bank, named therein as co-executors, offered the will for probate, and it was duly admitted. Administration of the estate was carried on and an inventory and appraisement filed, valuing the estate at over $286,000. Petitioner filed a petition for preliminary distribution, seeking distribution to her under the fifth paragraph of the will of Clyde Mulholland $60,000 and certain real and personal property, all totaling in value approximately $231,000. Roger Mulholland, grandson of the deceased Clyde Mulholland and step-grandson of petitioner, filed objections to…