In re the Estate of Singer

Wingate, S.

The pertinent facts in the present controversy ' are undisputed. By the “ fourth ” item of his will the testator bequeathed a general legacy of $10,000 to his brother, Martin Singer. The “ thirteenth ” item reads: “ I declare that all advancements that I may have made or may hereafter make to any of my children or my brother Martin Singer shall be in addition to and not in satisfaction of any legacies, portions or other benefits given ■them by my will.”

Beginning early in 1932 the decedent gave his brother various isums from time to time. Those paid by check, which have been ¡found…