Harvey's Estate

Ryan, P. J.,

— The auditor finds, inter alia, that the decedent died on Jan. 14, 1922, leaving a will dated July 27, 1920, in which she named as her residuary legatees Mary A. Goss, Joel S. Shearer and Benjamin F. Shearer. The said Mary A. Goss was her first cousin and was then deceased, having died on May 14, 1917, not only in the lifetime of the testatrix, but before she made her will. The auditor finds that the legacy to Mary A. Goss lapsed, and distributes it to the remaining residuary legatees, Joel S. Shearer and Benjamin F. Shearer, in equal proportions. To this distribution, the heirs…