MATTER  OF  STAPLETOK  461


Matter  of  the  Judicial  Settlement  of  the  Aooount  of  Lusb  D.
(Staplxtoit^  as  Execator  of  the  Laat  Will  and  Teatament  of
JoHAirif A  Blohm^  Late  of  EingB  Oonntj;  Deoeaaed.
{Surrogate^9  0<mrt,  Kinga  County,  March,  1910.)
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TI01V8    or    FBOPBTT,    FUNDB,    BIC. — PaBTIOUIAB    TIBMB    OV    DOUBTHTI.
HBANZlf 0 — CHABan  MABB  AeAIHBT  UGATBB.
A  gift  to  a  ligatM  of  one-tbird  of  the  twtatriz'i  eaah,  bondi  aad
mortgagM,  "less  the  simi  of  three  thonsand  dolUrt  which  sum  of
three  thousand  dollars  I  charge  him  in  full  satisfaction"  of  certain
advances  previously  madei  cannot  be  taken  as  establishing  an  indebted-
ness in  favor  of  the  testatrix  so  as  to  cut  down  a  gift  to  the  same
legatee  in  a  later  part  of  the  will,  where  the  testatrix  leaves  no  eash»
bonds  and  mortgages  from  which  said  amount  of  three  thousand  dol-
lars can  be  deducted.
upon,  the  judicial  aettleiuent  of  the  aecoout  of  aa
executor.
Seelmau  k  Fariey,  for  executor  and  trustee ;  H.  Harvej  Har-
wood^  for  Bobert  T.  Blohm ;  G.  L.  SimouBon,  for  O.  Levitsk^  a
legatee;  Thomas  J.  Farrell,  for  Johanna  M.  B.  Oook,  a  legatee.
Ejudohah,  S. — The  wiU  under  which  the  trustee  accounts
contained^  in  the  seventh  paragraph  of  the  wiU^  a  dense  in  trusty
among  other  thingB^  to  pay  one-third  of  the  rents,  issues  and
profits  to  the  sou  of  testatrix,  Bobert  T.  Blohm,  during  his  life-
time, for  his  support  and  Tnaintenance.
