In re the Estate of Wishart

Wingate, S.

A novel and interesting composite question of abatement and marshaling is presented by the case at bar. Testatrix’s will was executed on May 3, 1930, but by codicil bearing date July 29, 1931, she effected various alterations in the original testamentary provisions. In both instruments every single item of the property which she owned at the time of her death" was made the subject of a specific gift.

It has been estimated that her funeral and testamentary expenses and debts will aggregate approximately $4,200, and the question of abatement arises by reason of the fact that the…