In a proceeding to settle the account of the petitioner executrix, she appeals from a decree of the Surrogate’s Court, Nassau County, dated August 12, 1975, which, inter alia, denied her application to deem the residuary legacy abated. Decree affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the estate, on the opinion of Surrogate Bennett. Rabin, Acting P. J., Martuscello, Latham and Margett, JJ., concur.