In re the Estate of Cuddeback

Lemon,

Special Surrogate. In a prior accounting the questions now presented for determination were reserved “ until the next or final accounting of the executors.” This proceeding has been entertained, and the matters are properly before the court.

The questions relate to the order of abatement of the legacies given under the will, and whether certain trust legacies are preferred.

M. Alice Cuddeback, the testatrix, died in 1937 leaving a will dated November 10, 1936, and thereafter probated, which, after *676providing for the payment of debts, by paragraph second gave to the trustees named the sum…