
    In the Matter of the judicial accounting of Druscilla Werry et al., Ex’rs of Peter Werry, Deceased.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 8, 1890.)
    
    Wills—CoNSTBTJCTioisr of.
    ' Testator, by Ms will, devised two farms to Ms son and directed the other lands to be sold. He gave a daughter a life estate of $2,000, with remainder to her children and to his wife a life estate in all his loose money. On the sale of any of the real estate the testator bequeathed .the proceeds to his other four daughters. Held, that the proceeds of the farms sold were not included in the term loose moneys and the said daughters were entitled thereto at once after setting aside the life estate of the-daughter first named.
    Appeal from decree of the surrogate settling the accounts of the executors.
    
      William Van Namee, for app’lts; Fullerton & Rushmore, for the special guardian, resp’t.
   Barnard, P. J.

The evident intention of the testator drawn-from the will is plain. The testator had-a son and he had wife- and daughters. He had both real and personal estate. He gave absolutely to the son two farms of land with all the property upon them. He directs the other lands to be sold. After giving two. small legacies he gave his wife a life estate in all his loose money. The will is silent as to the fact whether or not the loose money shall include the proceeds of the farms, but the question is not important if the final disposition of the proceeds of the land sóidas well as the personal property is made clear by the will, and this depends upon the construction to be given to the sixth section of the will, which is in these words :

Sixth: It is my will further that as soon as any or all of my real estate is sold, which I have ordered sold, and any accumulation of rents and the money arising from any other source except as I may have hereinbefore disposed of after my just debts and funeral expenses are paid, I give and bequeath the following: To my daughters Elizabeth and Druscilla each one quarter thereof to be theirs absolutely. The interest and income arising upon one quarter to be paid annually to my daughter Mary Osborn for and during her natural life, and at her death the same to be paid to her children share and share alike. The one quarter which my daughter Adelia Kernick would have been entitled to had she survived me I give and bequeath to her children share and share alike.”' This language plainly makes a general residuary clause of all the-testator’s property which was undisposed of by the will. The general scope of the will is against a construction which shall leave-the testator intestate as to the bulk of his property. The testator had disposed of some land and had given a life estate in $2,000' to his daughter Margaret with remainder to her children, and then he gave money from all sources except so far as disposed of by the will to the four remaining daughters. I think the proceeds of the farms were not included in the term loose money and that Margaret’s life estate did embrace the proceeds of the farms sold, and that when the farms were sold the four daughters were entitled at once to the proceeds after setting apart the life estate to-Margaret. The death of the widow leaves the entire residuary estate to be divided, and it is of no importance whether the four-daughters could have taken the portion of the proceeds of the-farms when they were sold.

The decree of the surrogate should be both modified so -as to-divide the entire residue among the daughters mentioned in the sixth clause, and, as directed therein, with costs to appellants out of the estate.

Dykman and Pratt, JJ., concur.  