In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.

Fowler, S.

The only question submitted for determination by the surrogate arises upon the settlement of the final decree herein. This question, narrowly stated, is: Did the legacy of the testator’s brother, David S. Egleston, fail by reason of the latter’s death, which happened before the death of the testator’s widow, the life beneficiary of the residuary trusts created by the will of William C. Egleston, or was it so vested in David S. Egleston as to pass to his personal representatives upon his death prior to that of the testator’s widow?

The only facts before the surrogate are contained in…