Majority
p. 840In the Matter of the Last Will and Testament of Alfred A. Robbins, Late of the County of Kings, State of New York, Deceased, etc. National Temperance Society and Publication House and Anna B. Robbins, Appellants, Respondents; William Seton Gordon, as Sole Surviving Executor, etc., and Others, Respondents.
Decree of the Surrogate’s Court of Kings county affirmed, with costs to all parties who have appeared payable out of the estate. No opinion. Blaekmar, P. J., Mills, Putnam and Manning, JJ., concur; Kelly, J., dissents on the ground that the words used by the testator, “ Subject, however, as follows ” apply to all that goes before, and that all of the following legacies down to the final residuary legacy are of equal rank and take precedence over the provisions for the widow.