In re the Intermediate Judicial Settlement of the Account of Proceedings of City Bank Farmers Trust Co.

The appeals purport to be taken from the sixth paragraph of the decree of the Surrogate’s Court; but there has been an abandonment of that part relating to the construction and effect of a clause in paragraph “ twentieth ” of the will in question —- the appellants now being satisfied with the decision that a common-law annuity of $10,000 was bequeathed to Georgena Cathline Hart on the death of her father, William F. S. Hart. This leaves for *7our consideration only the remaining part of the paragraph, which provides that the annuitant may elect to accept the capital value of the annuity, fixed…