In re the Accounting of Drake

Witmer, S.

Upon this judicial settlement proceeding respondent, Loretta Y. Smithlin, claims that by virtue of paragraph “ Second ” of the will she is entitled to share equally in the proceeds of a certain life insurance policy paid to testator’s estate in the sum of $2,749.10. It is the petitioner’s view that such proceeds pass under the residuary clause, to writ, paragraph “ Ninth ”, in which Dorothy Edwards Drake, wife of petitioner, is named as sole beneficiary. After making the usual provision in the first paragraph for the payment of debts and funeral expenses, the testator provided:…