Malcolm v. Malcolm

Per Curíam.

The provision for disposal of the proceeds of the Long Island real estate is a special legacy. The real estate was not a source from which money legacies were first to be paid, but the proceeds of its sale were all that were given the legatees thereof. It cannot be found to be a demonstrative legacy, as there was no unconditional gift payable from the general estate of the testatrix if the special asset for payment was insufficient. Only if the testatrix owned the real estate at her decease and only from its proceeds were the legatees to receive anything. The real estate was the…