Estate of Downing

Allard, Shelton & O'Connor and Keith S. Walker for Objectors and Appellants.

OPINION

LUROS, J. [*]

This is an appeal by Security Pacific National Bank (hereinafter the bank), as administrator with will annexed, from two orders [1] of the Los Angeles Superior Court, sitting in probate, which constitute the final order and decree of distribution in an estate. There is a cross-appeal by the executrices of the will of the original executor of the estate, now deceased, who was the residuary beneficiary thereunder. The issues raised by both the appeal and cross-appeal raise matters that, primarily, represent exercises of discretion by the trial court. Because we find no clear abuse of that discretion, we affirm the trial court as to the issues raised by both the appeal and cross-appeal.

George W. Downing, Sr. (hereafter Sr.) died testate on November 22, 1948. His son, George W. Downing, Jr. (hereafter Jr.), an attorney, was appointed executor of the will in propria persona on December 17, 1948, but died on September 2, 1978, without completing the probate of the estate. On Jr.'s death, Sr.'s grandson, Michael Downing, also an attorney, discovered the file of the unfinished estate…