In re the Estate of Van Valkenburgh

Wingate, S.

In- the opinion of this court, the position of GreenWood Cemetery is wholly unsound both on the law and on the language of this particular will. The testamentary gift for burial plot upkeep is expressly made only “ after my lawful'debts are paid,” and the final words making the “ bequest ” a “ first charge against my estate ” are properly construable only as rendering it such charge against that portion of the estate from which “ bequests ” are properly payable, namely, the net estate, after payment of debts.

It is entirely true that the “ reasonable funeral expenses of a decedent ”…