In re the Final Judicial Settlement of the Accounts of Dygert

The estate of decedent consisted entirely of a house and lot, which the executrix sold, in pursuance of a general power of sale set up in the will. Upon a judicial settlement' of the executrix’s accounts, it appeared that various claims had been presented against the estate of decedent, and allowed by the executrix, but not paid. The learned surrogate made a decree in which it was adjudged that, of the funds remaining in the bands of the executrix from the avails of the sale of the real estate, certain legacies, provided for in decedent’s will, should be paid before any part of such fund…