Estate Gertrude Divine Webster

These are two separate appeals to the county court from a decree of the probate court for the district of Manchester, and come here on exceptions to judgments of the county court denying motions to dismiss. The questions raised by the exceptions were passed to this Court for determination under the provisions of V. S. 1947, § 2124. The decree was on an account filed by the Guaranty Trust Company, executor of the will of Gertrude Divine Webster. In this account credits were claimed for the payment of a certain amount of money paid by it to the Children's Hospital of Columbus, Ohio, a beneficiary under the will, and for certain articles delivered to the Vermont Historical Trust, another such beneficiary. Also credit was claimed for services as executor. Objections to the allowance of the account were filed by Diana Moss Bright, also a named beneficiary. A hearing was had and findings of fact were made. The decree disallowed the credits for delivery of assets to the above named beneficiaries. The final provision of the decree is as follows: ""The executor is ordered to file an account for the period from December 31, 1950, to date of its filing, including therein all receipts and disbursements during said period."" The original account was filed on January 30, 1951, and the decree thereon is dated February 26, 1952.