In re McCray's Estate

TAMM, District Judge.

This case is before the Court on a motion by the Executor for summary judgment.

The issue in the case is whether legacies to be paid from the proceeds of the sale of certain realty were adeemed, and this turns on the further question — were the legacies specific or demonstrative ?

The decedent, Qara McCray, died on May 25, 1949, leaving a will which had been executed on May 25, 1944. This will was duly admitted to probate. The second, third and fourth paragraphs of the will provided as follows:

“Second: In the event that I predecease my beloved husband, Wilson F. McCray,…