In re the Estate of Hoagland

Foley, S.:

This is an accounting proceeding in which a question arises as to the persons entitled to the remainder in a trust fund of $25,000 created by the will of the testator. The fund is claimed by a daughter of the life tenant Charles F. Hoagland (a nephew of the testator), as the only child left by him. This daughter was born out of wedlock, but was legitimatized by the subsequent marriage of her parents by reason of the provisions of section 24 of the *377Domestic Relations Law. On the other hand, the fund is claimed by the residuary legatees under the alternative gift contained in the…