In re the Accounting of Empire Trust Co.

Henderson, S.

The referee has reported upon the several questions referred. Modification of the report is requested upon one of the matters determined. This question involves the rights of certain charities which are the beneficiaries of a specific legacy in paragraph “ 3.” of the will.

Paragraph “ 3.” reads: “ I give and bequeath unto the following institutions the sums set opposite their names: (eight bequests follow) * * * The legacies provided for in this paragraph and aggregating the sum of $5,000.00 are to be paid exclusively from the proceeds of a life insurance policy on my life issued…