In re the Estate of Morris

Delehanty, S.

Deceased made a general bequest to one charitable corporation and a residuary bequest to another. There is no expression in the will of preference for either legatee. The aggregate value of these legacies exceeded the statutory maximum defined in section 17 of Decedent Estate Law. Appropriate action *774to restrict the charities to the statutory limit was taken by a distributee. The question now here for decision is whether the common-law principle of abatement regulates the shares of the general and residuary charitable legatees in the total fund now held for them by the executors.…