1 Mills Surr. 457 | N.Y. Sur. Ct. | 1900
In the probate of the will of the decedent herein the effect of the disposition of the residuary estate has been placed in issue, and the court is asked, under the provisions of section 2624 of the Code of Civil Procedure, to determine the question thus raised. The testator makes a number of pecuniary gifts to various relatives of his own and of his deceased wife’s blood. After creating certain specific legacies the will, by the twentieth clause, directs the residuary estate “ to be divided on a percentage basis in proportion to the bequests of all heirs herein named in this will and testament.” The twenty-first clause provides for a proportionate “money” abatement in the event of there being insufficient funds to pay all bequests; and the next clause contains a provision that, in the event of the estate exceeding the amount of the bequests, the balance remaining should be paid to “ all heirs named ” proportionately. The question raised is whether the beneficiaries of the residuum are confined to such legatees as are heirs of
Probate decreed.