In re the Will of Bottenwieser

Foley, S.

In this executors’ intermediate accounting a construction of the will is sought to determine the effect, of the provisions in the will requiring certain beneficiaries to appear personally at the office of the Fifth Avenue Bank of'New York, the corporate trustee, to receive their legacies.

The beneficiaries reside in England. The questions presented for determination are: May they be paid their legacies outright without the necessity of traveling from. England to New York? Or is their personal appearance in New York at the bank a condition attached to the legacies which must be obeyed?

T…