Opinion
February 25, 1944.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ. [See post, p. 946.]
Decree, so far as appealed from, unanimously affirmed, with costs to the respondent payable out of the fund, upon the ground that the will as a whole indicated an intention of the testator to vest the legacy involved as of the time of testator's death.