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| \ | | ie | | | | | Fy, “~ ILE Dy Probate Division a Alig e26y = Cealtito Or GH In Re Estate Of » POcKerEeD ‘of p,, aor ts Zin ) a G CLYDE A. TOLSON, ) Administration No. a6e-75 Deceased, } SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTIIORETIES IN SUPPORT OF ANSWER OF ILLOre As TOLSON TO JOUN P, MONR'S sLECTIO tt) ‘me Meo 2 | PETITIO TEI 1. As the nominated executor, John PB. Mohr is a proponent h w executed in 1972 and the five subsequent of the alleged will(s} execu codicils, and should not be appointed collector. 2. As the nominated alternate executor and participant in the preparation of the 1972 will(s) fas testified to by John P. Mohr in his deposition] the Riggs National Bank is likewise a proponent of the alleged 18 codicils, and should not be appointed collector. 3. In Guthrie v. Welch, 24 App. D.C, 562 (1905), the high- est court in this jurisdiction held that the probate court may appoint whomever it pleases as collector and that a party interested in a pending caveat, whether for or against the w should not be appointed. Only a disinterested party should be appointed. 4. In Mootrie v. “Hunt (1857) 4 sradf (NY) 173, the court held that, in the appointment of a collector of a decedent's mn i a re re ee rr re ae ce oe - —