Estate of Hite

In June, 1906, F. A. Berlin petitioned this court for admission to probate of the will of John R. Hite, alleging that the will consisted of three documents: 1. The original will dated July 29, 1902, which nominated him as executor; 2. The first codicil dated March 29, 1906; and 3. A second codicil dated April 16, 1906.

The paper presented as the original will, among the other legacies, bequeathed $5,000 each to Alexander Mathews, Etta *403 Gross and Mrs. Libbie Stearns, and bequeathed $10,000 to his sister Lucretia V. Grove. The residuum of the estate was bequeathed and devised, one-third to Lucretia Y. Grove, one-third to J. Claude Riley, and one-third to the children of Martha E. H. Cupp, a deceased sister.

The paper presented as the first codicil revoked the legacies of $5,000 each to Alexander Mathews, Etta Gross and Mrs. Libbie Stearns, and bequeathed to each of them instead the sum of $2,000.

Two new legatees appear in the codicil: Mary Grove to the amount of $5,000, and the Central Trust Company, as trustee of a minor, was left a promissory note for $3,758.72 dated July 26, 1903. It does not appear whether the note bore interest, or what, if any, interest was…