Schwehm's Estate
Schwehm's Estate
Opinion of the Court
This appeal is dismissed because the family settlement, upon which the appellant relies, is void in so far as it attempts to create for her an estate different from the trust provided for her in the instrument admitted to probate as her father’s will; but this is without prejudice to her right to renew her proceedings to contest his will and to move for the vacation of its probate, her objection to the probate having been withdrawn in pursuance of the said family agreement, and it is ordered that distribution in the court below be suspended for a period of ninety days, and as much longer as the appellant may reasonably require in the renewal of her proceedings to have the probate of the will vacated.
Appeal dismissed at the cost of the estate.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Decedents’ estates —■ Family settlement — Trusts and trustees — Settlement of will contest — Executors and administrators. Where a daughter contests her father’s will, and a settlement in • the nature of a family settlement, is made between herself and her two brothers, who were also two of the three executors of the will, by which, in consideration of the withdrawal of the caveat, the daughter receives absolutely a portion of the estate in lieu of a separate use trust provided by the will, such settlement is void; but in setting it aside, the court will permit the daughter to renew her proceedings to contest the will, and to move for the vacation of its probate, distribution under the terms of the will to be stayed pending such proceedings.