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MATTER OF BROOKLYN TRUST CO.

276 A.D. 764 (1949)

In the Matter of the Accounting of Brooklyn Trust Company et al., as Trustees under The Will of Euretta J. Schlegel, Deceased, Respondents; Agnes K. Bower, Individually and as Executrix of Sibyl M. Bower, Deceased, et al., Appellants; Trustees of Columbia University, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1949.

In the instant case payment is preferred to general legatees over a residuary legatee because of the rule giving such preference (Matter of Title Guar. & Trust Co., supra), and not because of failure to fix an amount, which, in fact, is stated to be $25,000. The fact that appreciation of the $60,000 fund would have been shared ratably (Matter of Low, 232 App. Div. 414, affd. 257 N.Y. 613; Matter of Farrell, 175 Misc. 430), is not material in...

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