In re the Estate of Johnston

Decree of the Surrogate’s Court of Dutchess county affirmed, with costs to the executor respondent, payable out of any moneys coming to the appellant legatee out of the estate. The rule is that among a group of general legacies priority will not be given to any one of them unless the testator’s intention to create a preference is clearly and *905unequivocally expressed. In the event of deficiency of assets the loss should be borne equally among the beneficiaries. (Pierrepont v. Edwards, 25 N. Y. 128; Matter of Williams, 27 Misc. Rep. 716; Trustees of Harvard College v. Quinn, 3 Redf. 514; 2…