Estate of Stokley

Higgs, Fletcher & Mack, Vincent E. Whelan, Donald H. Glaser, David R. Clark and Linda M. Woolcott for Objectors and Appellants.

Ferguson, Ferguson & Newburn, William Ferguson, Luce, Forward, Hamilton & Scripps, Elizabeth Ebey Benes, Susan Eydenberg Westlake and Robert G. Steiner for Petitioners and Respondents.

OPINION

COLOGNE, Acting P.J.

Mary L. Foss Stokley died testate on January 28, 1976, leaving a total estate of more than $1 million. She disposed of assets totaling approximately $582,000 by her will and two codicils. In her will executed March 1, 1966, Mrs. Stokley left 1,000 shares of stock in the Wooster Brush Company, valued for death tax purposes at approximately $350,000, to appellants Henry C. Lee and Gladys Lee (600 shares) and appellant Paul Smith (400 shares). Her will also bequeathed $15,000 to the Lees and $1,000 to Smith. Mrs. Stokley's will further disposed of miscellaneous items of personal property and made further general bequests totaling $16,000, none of which is directly involved in this appeal. She left the residue of her estate to her niece Sara Weed (75 percent) and nephew Arden Yinkey (25 percent).

In the first codicil executed July 18, 1967,…