In re the Accounting of Brodley

Collins, S.

In connection with their final accounting the executors request a construction of certain paragraphs of the will and codicil of the decedent. The court holds that under paragraph eleventh of the will and article third of the codicil, Isidore Levy is entitled to receive a legacy of $500. Either his promissory note was paid during the lifetime of the decedent or it is forgiven by the provision in the will. The legacy in the codicil is therefore payable to him.

In paragraph fifteenth of his will decedent gave a legacy to the Harlem Hebrew Day and Night Nursery on condition that *468it…