In re the Estate of Israel

Foley, S.

The prior decision of the surrogate in this proceeding (Matter of Israel, 176 Misc. 120) directed a further hearing for the submission of proof upon the question of a preference in abatement of the trusts created for each of the four grandchildren of the testator and the further trust for David Arbetter Israel. The assets remaining in the estate being insufficient to satisfy all of the provisions of the will, the question arose as to whether these trusts were to be accorded a preference on the ground that they were given for the support, maintenance or education of near relatives…