Callin Estate

Satterthwaite, J.,

The fundamental and controlling question in determining the proper distribution of the within estate under decedent’s will is the effect to be given to the impracticability of purpose, in fact the impossibility of actually carrying out, of testatrix’ directions respecting a cemetery monument on a family burial lot. If this provision be effective, the net estate will be insufficient for payment of all the legacies under the will, and questions of abatement would be presented. On the other hand, if this part of the will not be performed, the estate would apparently exceed the…