In re the Will of Maidel

Witmer, S.

The executor seeks a construction of the will herein to determine whether a legacy of $2,500 given to the *684testator’s widow is a charge upon his house and lot which he specifically devised to a lady friend, who kept house for him. The testator’s widow had been confined to the Eochester State Hospital as a mental incompetent for years prior to the date of the will, and she is still so confined. The will was executed December 5, 1942, and testator died March 31, 1943. The pertinent paragraphs of the will are as follows:

“ ,Fourth: I give and bequeath my wife, Mary M. Maidel, the sum of…