In re the Estate of Martin

Foley, S.

This is an application for a construction of the will. The primary question to be determined is whether or not the general legacies are a charge on the real property not specifically devised.

The testatrix died on October 2, 1939. Her will was executed on June 14, 1935, and a codicil thereto on December 3, 1935.

The will makes various specific legacies and devises and then provides for general pecuniary gifts either outright or in trust amounting to $165,000. It is conceded that the personal property and the real property not specifically devised will be insufficient to pay the general…