Estate of Grove

Knox, Ricksen, Snook, Anthony & Robbins and Robert G. Allen for Contestants and Respondents.

OPINION

KANE, J.

Petitioner, Sophie Louise Reed (Louise) appeals from the trial court's judgment determining entitlement to distribution of the estate of decedent Mabel Grove (Mabel) who died on February 8, 1972.

Mabel had three sisters: Albertina Grove Straub (Albertina), Ruth Grove Schmaling (Ruth), and Irene Grove McRae (Irene). While both Irene and Ruth were childless, Albertina had a son, John Irving Straub (John), and a daughter, Louise. John and Louise each have two children. John has two sons, Michael and Richard; Louise has a daughter and a son, JoAnn McGinness and Frank McGinness, Jr.

The present controversy grew out of the interpretation and interrelation of two holographic wills executed by Mabel on November 19, 1948 and August 18, 1957, respectively. The 1948 will created a trust, the income of which was to be paid in equal shares to Mabel's three sisters; and after the death of the last surviving sister the corpus was to be divided equally between John and Louise.

In her 1957 last will and testament and the codicils executed in connection therewith, Mabel, after making…