Estate of Cross

John Cross and Laura L. Cross, his wife, had been married for forty-five years. They were childless and owned property of considerable value. In May, 1898, they executed their joint and mutual wills. By paragraph I of those wills it was provided:

By paragraph II it was provided:

Specific legacies were then made to named legatees. It was declared that the value of their property was estimated at fifty thousand dollars; and provision was made for the ratable increase or decrease of these legacies in the event that the estate should prove to be of greater or less value than was estimated. It was further provided:

Subsequently, in March, 1909, John and Laura L. Cross, in like manner, executed a joint and mutual codicil to their last will, which codicil increased legacies given by the original will to certain legatees, revoked another legacy because of the legatee’s death, and provided in paragraph 6 as follows:

John Cross died and Laura, his wife, surviving him for more than thirty days, made application for the probate of the will and codicil, and for issuance to herself as executrix of letters testamentary. Opposition was made by Albert P. Cross, Charles R. Diver, and J. E.…