
    In the Matter of the Estate of Anastasia Fitzgerald. Joseph Fitzgerald, Appellant; Anna L. Reed, Respondent.
    (Argued May 13, 1927;
    decided May 31, 1927.)
    
      Decedent's estate — petition for side of real property to pay legacies — decree directing sale reoersed where annuity prodded for in will is made a lien upon said properly.
    
    
      Matter of Fitzgerald, 217 App. Div. 188, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1926, which reversed a decree of the Erie County Surrogate’s Court directing the sale of certain real property belonging to the estate of Anastasia Fitzgerald, deceased, for the purpose of paying legacies and dismissed the petition. The will directed payment of a certain annuity which was made “ a hen upon any and all real estate which I own or possess ” except certain property devised. The Appellate Division held that this forbade the sale directed by the surrogate.
    
      Irving W. Cole and Edward E. Lewis for appellant.
    
      Clayton M. Smith for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J.; Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  