Appellate Division of the Supreme Court of the State of New York July 6, 1922 (In re the Final Judicial Settlement of the Account of Leslie)

Cochrane, P. J.:

The contention of the respondents which has thus far prevailed is that the residuary estate of the decedent vested at the time of his death and that the appellant not having been in existence at that time is, therefore, excluded from participation therein. Assuming that the estate did so vest the conclusion does not follow that the appellant may not share therein.

First.