In re the Accounting of Garden

In a proceeding to settle the account of executors, the Surrogate directed that insurance proceeds received in compensation for a missing diamond ring should be paid to the *159specific legatee of the decedent’s jewelry generally. Objectant, the decedent’s mother, appeals. Involved is the question of whether the legacy had been adeemed because the ring could not be found in a search commenced after the decedent’s death.

It is well established that a specific legacy will fail if the subject of it has ceased to exist so as not to be a part of the testator’s property at his death. (Matter of Ireland,…