In re the Estate of Mitchell

Foley, S.

In this executor’s intermediate accounting the court is asked to determine whether or not certain legacies and annuities are entitled to preferential payment.

By the terms of the will, all legacies and annuities contained in the first eight paragraphs thereof are preferred. After payment of the preferred legacies and annuities, the ninth paragraph of the *230will gives general legacies to numerous charitable institutions. Then follows a gift of the residue to three charitable corporations.

By the first paragraph of the codicil subsequently executed, the testatrix increased the amount of…