In re the Estate of Lewine

Otto C. Jaeger, S.

In this final accounting proceeding, the executors have submitted a tentative table of distribution of principal and income on hand as well as an alternate table of such distribution, and request the court to determine the proper allocation of the said principal and income among the beneficiaries of decedent’s estate. This requires a construction as to whether the marital bequest is a fractional share of the estate or a general pecuniary legacy. If the latter, the surviving spouse receives a fixed amount unaffected by appreciation or depreciation in the value of the assets…