In re the Judicial Settlement of the Account of Proceedings of Marks

I dissent from the majority view only in so far as the determination approves the provisions of the decree appealed from which are to the effect that the legacies to the appellant Margaret A. Weldon (now Law) lapsed and became part of the testatrix’s residuary estate. Those provisions are based purportedly on section 27 of the Decedent Estate Law. In my opinion, upon the undisputed facts, those legacies have not been forfeited by the legatee, who, although one of only two subscribing witnesses to the will, within the purview of the statute was not in the Category of a subscribing witness…