In re the Estate of Winfield

S. Samuel Di Falco, S.

In this proceeding for the settlement of the executor’s account, construction of article Fourth of the will is required to determine whether a legacy had adeemed. The text of that portion of the will, so far as here material, follows:

‘ ‘ Fourth: I give and bequeath my tangible personal property as follows; the gift in each instance being conditioned upon the legatee’s surviving me:

*150“ To said Elizabeth Langford, my mink coat. * * *

“ To my friend Alice Walker Huffman, all the rest of my furs.”

The facts giving rise to the problem are not in dispute. It appears that prior to…