In re the Account of Proceedings of Wagoner

Schenck, S.

The decedent herein died in 1926, leaving a last will and testament, which was duly admitted to probate and letters testamentary issued to Richard B. Wagoner therein named as executor and trustee. The will contained, among other provisions, the following:

*425“ First. After all my lawful debts are paid and discharged, including my indebtedness to Richard B. Wagoner, of Albany, N. Y., I give, devise and bequeath to my mother,” etc.

Decedent had several life insurance policies covering his own life, three of which, aggregating approximately $7,100, contained the following beneficiary…