Janeway

The probate court overruled objections to the final account of the executor of the Estate of Kelly Anthony, Deceased, which objections were presented by Catherine J. Maelnnes, one of the legatees of the decedent; the final account was settled and a decree of final distribution was entered. Catherine J. Maelnnes appeals from such order settling the final account and from the decree of final distribution.

In 1950, about 10 years before his death, the decedent created an inter vivos trust with a bank, in which he retained the right to amend or revoke the trust, and in which he placed assets having a value of $237,132.49 at the date of his death. Later he executed an amendment to the trust, dated September 19, 1956, which provided in part as follows:

The decedent executed a holographic will, dated October 11,1957, in which he bequeathed appellant the sum of $25,000, and “all the balance of my estate, to William Weber Smith and to his children in equal shares.”

On October 30, 1957, he executed a codicil to his will which provided in part:

On February 19, 1960, he executed a second codicil which read in part as follows:

On August 17, 1960, he executed a third codicil providing for…