Estate of Vizelich

Two appeals arising out of this estate have been combined upon this appeal. The first is from an order settling a first account in the estate, and the second is from an order denying a motion to set aside the decree of distribution made therein.

The decedent, Nellie Harding Vizelich, died testate in the year 1918, leaving six children, Amelia, Kate, Nellie, Nicholas,- Henry and Stanley, surviving her. During the course of administration Nicholas, Amelia (Amelia Bruce) and Stanley died. The will was duly admitted to probate. Under its terms decedent directed that her real property be retained in the hands of her executors until such time as her children shall have agreed that it is to the best interests of all of them that it be sold; that thereupon it be sold, and out of the proceeds certain special legacies to children and grandchildren be paid and the remainder, with any other estate of decedent, be then equally divided among her said six children, and that meanwhile the income be divided equally among them by the executor every six months, .and by paragraph “Fifthly” she provided that: “In case of the death without issue of any of my said sons and daughters and grandchildren…