In re Final Judicial Settlement of Account of Proceedings of Nelson

Young, J.:

A single question of law is presented by this appeal, and that Is whether, under the fourth and fifth paragraphs of the will of George E. Neil, deceased, his children are entitled to a *606preference over all other general legacies in the will. The total legacies amount to $120,000. The net estate, however, amounts to less than $50,000, and it is this contingency which respondents contend justified the surrogate in making the decree.

The claim of the appellants is that the legacy for the children is a “ general ” one, and as such it must abate pro rata with the other legacies unless a…