In re the Judicial Settlement of the Account of Proceedings of Moses

Fowler, S.

This will was before me, I find, on a distinct point on a prior accounting (82 Misc. Rep. 330). The question presented on this accounting is whether or not a bequest of $5,000 was vested in the legatee, although Miss Lena Wallach, the legatee, died before the time fixed for its payment. By the second paragraph of the will the testator gave to each of his unmarried daughters living at the time of his death a bequest of the sum of $5,000. The bequest is in the following *389words: “ I hereby give, devise and bequeath unto each of my daughters living and unmarried at the time of my death…