In Re Van Wechel's Estate

Garfield, J.—

The estate is insufficient to pay all debts, charges and legacies in full. The question for decision is whether all general legacies abate pro rata or whether the will clearly shows an intent to prefer the legacies payable to appel lants. To “abate”, as here used, means to reduce a legacy because of the insufficiency of the estate to pay all debts, charges and legacies in full. In re Estate of Hartman, 233 Iowa 405, 408, 9 N.W.2d 359, 362, and citations. See also 57 Am. Jur., Wills, section 1457.

Testator died in 1948. His will, made in 1946, provides first for the payment of…