In re Estate of Donovan

In this case the records show that while Daniel King and James King were the executors of the will *453 of Cornelius King, deceased, this court made a decree of partial distribution, distributing to Kate Wholley, now Donovan, the sum of $2,343.75. She claims that no part of this amount has ever been paid to her, nor to any person authorized by her to receive it, and that the executors are liable, and should be ordered to pay, as they never have been discharged from their trust.

Daniel King alone was cited, and he appears and answers by affidavit, setting forth that one Kate Sullivan, claiming kinship with said Cornelius King, entered into a written contract with an attorney, W. H. Levy, to revoke the probate of decedent’s will and obtain for her a part of the estate, agreeing to give him one-half of all moneys received for her, and to secure said Levy assign to him one-half of her interest in the estate; that pending the contest Kate Sullivan died leaving several sons and daughters, including Kate Wholley; that the said attorney, W. H. Levy, after her death, continued the contest in the name of Kate Sullivan, in behalf of her children, and finally obtained a compromise, which was…