In Re Estate of Sullivan

Lawrence T. Sullivan, who died on March 11, 1961, left a will bequeathing $350 to appellant, a son adopted by Colorado decree, one-half of the balance of the estate to his wife, and the residue to deceaseds three natural-born children, John J. Sullivan, Margaret Mary Sullivan Scott, and Cecilia Lorette Sullivan Connor, share and share alike. Deceaseds wife and his natural daughter Cecilia had predeceased him. The estate proceeded in probate quite slowly and on January 9, 1965, the executor filed his "First and Final Account with Petition for Distribution," which showed, inter alia, the estate tax appraisal for 141 shares of Sullivan Company was $90,955.32. Decree approving the first and final accounting was filed March 30, 1966. The decree reflected that after the distribution of $350 to the appellant, Blake, the balance of the estate was to be distributed as follows: 15/36 to John J. Sullivan; 15/36 to Margaret Mary Sullivan Scott; 1/36 to John Edward Connor, son of Cecilia, deceased; 1/36 to Patricia Connor, another child of Cecilia, deceased; 1/36 to Lawrence Philip Connor, son of Cecilia, deceased; and 3/36 to appellant, Blake. The property to be distributed was $536.36 and 141 shares of the Sullivan Company corporate stock. The decree recited that it appeared "to the satisfaction of the Court that notice of the hearing of said Final Account and Petition for Distribution has been given for the time and in the manner prescribed by law." Appellant admittedly received a copy of the decree of distribution June 20, 1966.