Ahrens

This is an appeal from an order settling the final account of the executor of the estate of Osa Bell Zavadil, deceased, ordering distribution to the sole legatee named in her will and dismissing objections thereto.

Osa Bell Zavadil died testate on October 23, 1959, seven months after her husband, Louis George Zavadil, who likewise died testate. Her will was admitted to probate on December 8, 1959, letters testamentary thereafter issued, and notice to creditors published (commencing December 15, 1959) in the manner prescribed by law. On June 14, 1960, her husband’s executor filed a claim (with the clerk of the court) for sums totalling $15,325. On June 22, 1960, this claim was rejected in writing by Osa’s executor; no suit thereon was thereafter instituted.

On October 13, 1960, a petition for final distribution was filed—an accounting was waived by the petitioner as sole legatee. The husband’s executor filed written objections on November 4, 1960, the date theretofore fixed for hearing of said petition. On December 2, 1960, the continued date, the trial court heard argument of counsel for the respective parties. The matter was again continued to January 4, 1961; after further…