Estate of Hunter

This is an appeal by A. D. Duncan, as administrator with the will annexed of the estate of William J. Danford, deceased, from an order denying the petition of appellant’s testator to set aside the decree of final distribution in the estate of Thomas W. Hunter, deceased, upon the ground that a legacy of $1500, of which appellant’s testator claimed to be the assignee, had been distributed to the wrong person.

The circumstances leading up to the denial of said petition were as follows: Thomas W. Hunter provided in his will for the payment to various persons of ten cash legacies ranging in amounts from $250 tú $1500, and for the distribution of the residue of his estate to a residuary legatee. One of the legatees named therein was Anna M. Hunt, and the amount of her legacy was $1500. On September 30, 1922, The Oakland Bank, a corporation, as executor of the said will, filed its final account and petitioned for final distribution of the estate, and' on October 11, 1922, after due notice given and proceedings taken as provided by,law, said.final account was allowed and settled, and a decree of final distribution was granted distributing the estate in accordance with the provisions of…