In re the Estate of Hoyt

Wheeler, S.

The executors in this final accounting asked for a judicial construction of the 14th paragraph of the will of decedent and direction as to distribution.

The paragraph to be construed reads: “ I give and bequeath unto my namesake, Margaret Davis the sum of One Hundred Dollars ($100.00) to be used, paid out and applied in educating her as a stenographer, or in such line of employment as her parents may choose.”

The decedent died December 27, 1929, and left a will dated December 10, 1928, which was probated in the Livingston County Surrogate's Court June 2, 1930.

The legatee named in the…