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IN RE VAN WECHEL'S ESTATE

No. 47572.

41 N.W.2d 694 (1950)

In re VAN WECHEL'S ESTATE. VAN WECHEL et al. v. WESTRA et al.

Supreme Court of Iowa.

March 7, 1950.

Attorney(s) appearing for the Case

Van Oosterhout, Te Paske & Rens, of Orange City, for appellants.

Klay & Klay, of Orange City, for H. C. Moret, Executor of Estate of Henry Van Wechel, Deceased, appellee.

Maurice A. Te Paske, of Sioux Center, for Trinity Reformed Church of Orange City, Iowa, Board of Foreign Missions of Reformed Church of America, Board of Domestic Missions of Reformed Church of America, appellees.

Lewis De Koster, of Orange City, for Gerrit Wagner, Case Wagner, Mrs. Jacob Draapdaal, and Walt Waggonaar, appellees.

GARFIELD, Justice.

The estate is insufficient to pay all debts, charges and legacies in full. The question for decision is whether all general legacies abate pro rata or whether the will clearly shows an intent to prefer the legacies payable to appellants. To "abate," as here used, means to reduce a legacy because of the insufficiency of the estate to pay all debts, charges and legacies in full. In re Estate of Hartman, 233 Iowa 405, 408, 9 N.W.2d 359, 362, and citations...

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