In re the Accounting of Rudnick

Collins, S.

In this proceeding for the settlement of the account of the executors, construction of the will is required in order to determine whether a devise of real property embraced the deceased’s interest in a mortgage on the premises or whether that interest passed under the residuary clause to the legatees therein named. The question is framed by the objections filed by the persons composing that group.

Deceased was the owner of a one-fourth interest in premises located in the borough of Queens. He joined with his co-owners in a conveyance of the property on September 24, 1927, the…