In re the Estate of Barnett

OPINION OF THE COURT

John D. Bennett, J.

This is a construction proceeding by the fiduciary because *676there are insufficient funds to pay all of the legacies which will require that they abate pro rata. One charitable legatee contends that its devise is a specific gift which is to be paid without abatement.

The gift in question arises under the provisions of article sixth of the codicil which provides: "I direct that all the rest, residue and remainder of my estate, including my home and its contents, of whatsoever nature and wheresoever situate, be sold and liquidated and I give and bequeath such…