Kysar

This is an appeal from an order granting letters of administration with will annexed to the nominee of testator’s spouse. Appellant is the nominee of testator’s children.

Testator executed a holographic will. The will leaves virtually all of testator’s property to his children and sisters. The relevant portion of the will provides: “[testator’s wife] is to receive one dollar only ($1 no/100). Nothing else. She left me and my house on Feb. 10, 1965. Took all her possessions and all her furniture. I have paid her in cash for her share of the Carolina property. Total amount paid in 3 years time $3,000 no/100. Three Thousand Dollars. I have a receipt from [testator’s wife] stating Paid in Full to date. Paid in Providence, Rhode Island. July 1962. She ... has no claim of any kind against any of the property. Mr. J. G. Robertson has all of the details concerning [testator’s wife]. Do not pay her anything. She stole enough money from me during the time I was at sea working.” (Italics in original.)

The will did not provide for an executor. In 1973, an administrator with the will annexed was appointed without opposition. When the appointed administrator died, testator’s spouse…