In re the Estate of Miller

Connor, S.

The second paragraph of decedent’s will reads as follows: “ Second — I give and bequeath the sum of five hundred dollars to my daughter, Mary Edith Saulpaugh, as her share of my property, to be paid to her by my said sons, Emerson R., and Elwood H., each to pay $250. by them individually or as executors and charged against each of their interests.” This last will and testament was admitted to probate on the 17th day of May, 1937, and to date the legacy remains unpaid.

The daughter, Mary Edith Saulpaugh, instituted a proceeding in the Surrogate’s Court of Columbia County under section…