
    Frederick H. Foote et al., as Executors of Wallace T. Foote, Jr., Deceased, Respondents, v. Florence W. Peaslee et al., Appellants.
    
      Will — construction — when fund set apart by testator to provide annuity for wife passes under residuary clause of his will.
    
    
      Foote v. Peaslee, 206 App. Div. 329, affirmed.
    (Argued January 14, 1924;
    decided February 19, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 9, 1923, upon the submission, under section 546 of the Civil Practice Act, of a controversy as to the persons entitled to share in a fund set aside by the testator, Jonathan G. Witherbee, to provide an annuity for his wife during her life. The Appellate Division held that under the will of Jonathan G. Witherbee, the rest, residue and remainder of his estate, including the $200,000 for the annuity, vested at the time of his death in the parties named as residuary legatees surviving him and should be distributed to them or to those to whom it has passed from them.
    
      Henry W. Taft and Thomas B. Gilchrist for Florence W. Peaslee, appellant.
    
      Charles D. Miller for Evelyn W. Miller, appellant.
    
      Lewis E. Carr and Charles 3. Foote for respondents.
   Judgment affirmed, without costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Not sitting: McLaughlin, J.  