In re the Judicial Settlement of the Account of Proceedings of Lloyd

Fowler, S.

Upon the final accounting of the executors, Essie Kate Giles, the legatee named in the third paragraph of. the testator’s will, objects to the proposed distribution of a, balance of $5,775.31 amongst all the legatees named in the will, and lays claim to the entire balance, asserting that the legacy bequeathed to her in the third paragraph is preferred. The learned referee has filed his report in favor of the above contention, and upon the exceptions of other legatees the question now comes before the surrogate for review. I have some hesitation in differing with so learned and…