In re the Estate of Smallman

Wingate, S.

The questions involved in this construction proceeding relate to the method and order of abatement of the legacies given in the will of Thomas F. Smallman which was admitted to probate in this court on January 8, 1929. Eighteen numbered items of the will direct the disposition of an aggregate sum of $396,500. Estimates of the net estate available for payment of these benefactions vary between $333,137.15 and $293,098.30 with a litigated adverse claim still undetermined. Sixty-five thousand dollars in all is dedicated to the purchase of a burial plot, the erection of a mausoleum and…