Estate of Gregory

This is an appeal from an order denying a petition for partial distribution, and also from an order granting a petition for final distribution.

The material facts have been agreed upon and are set forth in a stipulation entered into by the parties interested.

Lewis Gregory died July 2, 1907, and left surviving him as his heirs at law the appellant, Alice E. G. Bush, a daughter ; Amy L. Gregory Blanchard, a granddaughter; George L. Gregory, a grandson, and four children of Mary E. Hauch, a deceased granddaughter, and George P. Hauch. The estate consisted wholly of personal property. The deceased left a will, which was duly admitted to probate on July 19, 1907. After specially disposing therein of portions of his property, the will contained the following provisions in paragraphs 4 and 5 thereof:

Prior to the death of the testator his wife died. Thereafter, the appellant, Alice E. G. Bush, signed a written waiver of the specific bequest to her of the sum of $5, and subsequently she filed a petition for a partial distribution of the estate, on the ground that as the testator’s wife had predeceased him the trust clause became inoperative, null and void; that there was no provision…