Matter Of The Estate Of Alliso

488 N.E.2d 1035 (1986)

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Nature of the Case

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Facts

Hazel died survived by five children. Her will nominated John, her son, as executor and left the residuary estate to three of her other children. The residue left a farm that was to be sold and the proceeds divided among the residuary distributees. Prior to her death, Hazel executed a 50/50 crop share with Allison of which John was the sole owner. The year to year tenancy would automatically extend into the next year without notice. On Hazel's death, John petitioned for and got letters testamentary noting this awkward situation giving John full power to engage in farming operations. John enrolled in a PIK program and pursuant to the crop share agreement divided the receipts between the estate and his company. The receipts to his company were not reported nor mentioned in his accounting to the estate. The residuary legatees now sued John to account for all receipts from the PIK program. John countered with the automatic renewal of the lease so there was no self-dealing and this conflict was sanctioned by the will. The trial court construed the lease, and the will together and found that it was Hazel's intention to allow such a conflict to exist. This appeal resulted.