Estate of Koppikus

The appellant, Henry G. Koppikus, filed a petition as the only heir at law asking to have distributed to him the sum of twenty-five dollars, which is a specific devise in the will of deceased to Elmer Koppikus and assigned to petitioner, and asking the court to make an order distributing to him the share of said estate to which he is entitled.

Josephine Doyle, a legatee, petitions the court at the same time for an order distributing to her a certain diamond cluster cross which was devised to her by the said last will.

These petitions were heard together and the court by its order decreed that the said twenty-five dollars be distributed to the said Henry G. Koppikus, and that the said certain diamond cluster cross be distributed to the said Josephine Doyle, and this part of the order, decree, and judgment is affirmed.

That part of the petition of the said Henry- G. Koppikus asking a distribution to him of his distributive share of said estate was denied, on the ground, as we understand, that-there was then pending an application for sale of the real estate to raise the funds necessary to pay charges and funeral expenses, and therefore no distribution of the kind asked could be…