In re Gardner

This is an appeal from a decree of the surrogate, in so far as it construes the will of a decedent in two particulars. One of the questions concerns the disposition of a trust fund, and the issue is whether there was a direct bequest of this fund to a residuary legatee, or whether such fund should be held to be a part of the residuary estate so as to be applicable to the payment of the general legacies in full and the residue go to the residuary legatee. The learned surrogate has held the latter, and we see no reason to differ with his conclusion or any necessity for restating the sufficient…