Will of Weed v. Weed

The court below held that the will created a specific legacy in favor of respondents. It has happened that an estate of about $120,000 has shrunk some thirty or forty per cent., making it impossible to satisfy bequests in full, so that we are concerned with the question as to whether the legacy created by the first paragraph of the will is preferred over other legacies, or whether it is one of several general legacies and abates with them pro rata. Rules of construction of wills applicable in this case are: (1) The words of the will are to be construed to give effect to the intention of the…