Estate of Ingram

Charles B. Ingram died about July 24, 1924, leaving a holographic will which was admitted to probate September 19, 1924. While the word “executor” did not appear in the will, the instrument did contain the following language: “I hereby appoint George W. Adams of the firm of Adams, Adams and Binford my attorney for the purpose of seeing that my desires, requests and bequests are fully carried out, and that the court in consultation with my attorney appoint a competent Trustee to hold Title and distribute my estate as hereinafter set out, and for such other purposes as shall be necessary in carrying the intentions of my last will.” Construing this as equivalent to the nomination of an executor the court appointed Mr. Adams as such. Thereafter a petition was filed by one of the heirs under the provisions of section 1664 of the Code of Civil Procedure, “praying the court to ascertain and determine the rights of all persons to said estate and all interests therein, and to whom distribution thereof should be made,” and following the entry of the decree establishing proof of the service of notice to all interested persons as by that section provided, certain of the heirs filed a pleading…