Larkin v. ArthursAnnotate this Case
In this dispute surrounding the distribution of the assets of the parties' deceased mother the Supreme Court affirmed the judgments of the superior court with respect to the substance of two orders of the probate court, holding that two bank accounts should be distributed pursuant to paragraph three of the decedent's will and that there was no basis to remove the current executrix of the decedent's estate.
The decedent's children were Michaela, Mark, Lizbeth, and Lisa. Lizbeth was named executrix of the decedent's estate. The probate court determined that the two accounts at issue were part of the "general inventory" of the estate and, therefore, the proceeds of those accounts should be distributed under paragraph six of Catherine's will - i.e., divided equally among all four of Catherine's children. Lizbeth appealed. When Michaela and Mark unsuccessfully sought to remove Lizabeth as executrix, they appealed. The two appeals were consolidated. The superior court concluded that the accounts were not estate assets and, pursuant to paragraph three of the decedent's will, should be distributed to Lisa and Lizbeth respectively. The court affirmed the probate court's decision not to remove Lizabeth as executrix. The Supreme Court affirmed both judgments of the superior court, holding that the trial justice did not err in its judgment.