In re the Accounting of First National City Trust Co.

Maximilian Moss, S.

In this proceeding to settle an executor’s account, testator’s daughters claim that a legacy to them of an automobile was not adeemed by the destruction of the automobile and that they are entitled to the insurance proceeds.

The material facts are not in dispute. Testator was killed on June 4, 1951, when the' automobile in which he was a passenger was struck by a train. His wife died with testator in the same accident, under circumstances indicating that it was impossible that she survived her husband. The automobile was completely demolished. Net insurance proceeds were…