In re the Estate of Dooley

Wingate, S.

In the absence of a pertinent statute, the question of whether a legatee is entitled to preference in payment of his legacy, where an abatement becomes necessary, is purely one of the intention of the testator. (Matter of Smallman, 138 Misc. 889, 892.) Such intent is determinable only from the language of the will itself (Matter of Rossiter, 134 Misc. 837, 840; affd., 229 App. Div. 730; affd., 254 N. Y. 583; Matter of Weissman, 137 Misc. 113, 114; affd. on opinion of this court, 232 App. Div. 698; Matter of Quinby, 134 Misc. 296, 299; Matter of Shumway, 138 id. 429, 434) when read…