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Elmore Estate.

Wills — Construction — Intent — Insufficient estate to pay all legacies — Periodic payments out of income — Deficiency — Payment out of principal.

Where testator provided that monthly payments should be made for life to specified beneficiaries "out of the income of my estate", and also provided for various pecuniary legacies, payment of which was postponed because the entire estate was set aside to pay the income beneficiaries but was insufficient to pay them in full; and on the audit of the final account the income beneficiaries filed claims for arrearages of income in an amount in excess of the total estate; it was Held that (1) the testator's intention was controlling, (2) testator did not intend the arrearages in income payments to be made up out of principal to the detriment of the pecuniary legatees, and (3) the court below properly dismissed the claims.

OPINION PER CURIAM, November 8, 1954:

The definitive decree of distribution is affirmed on the adjudication and opinion of President Judge BOYLE, at the cost of appellant.

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ELMORE ESTATE
(Nov 8, 1954)