Caruth's Estate

Bolger, J.,

Claimant is a pecuniary legatee of $10,000. The balance for distribution of $16,490.55 is insufficient to pay in full all pecuniary legacies, which total $26,000. Exceptions have been filed to the finding of the auditing judge that claimant’s legacy is entitled to a preference because it is based upon a valuable consideration.

The Fiduciaries Act of June 7, 1917, P. L. 447, sec. 20, 20 PS §632, provides that if the estate is not sufficient to discharge all pecuniary legacies an abatement shall be made, unless it be otherwise provided by the will. This is merely a restatement of the…