A bequest or gift of personal property by last will and testament Browne v. Cogswell, 5 Allen (Mass.) 557; Evans v. Price, 118 111. 593, 8 N. E. 854; Probate Court
Matthews, 6 Vt 274; In re Karr, 2 How. Prac N. S. (N. Y.) 400; Nye v. Grand Lodge,
More... A bequest or gift of personal property by last will and testament Browne v. Cogswell, 5 Allen (Mass.) 557; Evans v. Price, 118 111. 593, 8 N. E. 854; Probate Court
Matthews, 6 Vt 274; In re Karr, 2 How. Prac N. S. (N. Y.) 400; Nye v. Grand Lodge, 3 Ind. App. 131, 36 N. E. 429; Ky. St 1903, I 407.
Synonyms. "Legacy" and "bequest" are equivalent terms. But in strict common-law terminology "legacy" and "devise" do not mean the same thing and are not interchangeable, the former being restricted to testamentary gifts of personal property, while the latter is properly used only in relation to real estate. But by construction the word "legacy" may be so extended as to include realty or interests therein, when this is necessary to make a statute cover its intended subject-matter or to effectuate the purpose of a testator as expressed in his will. See In re Ross's Estate. 140 Cal. 282. 73 Pac. 976; In re Karr, 2 How. Prac. N. 8. (N. Y.) 409 : Bacon v. Bacon. 55 Vt. 247 ; Roth's Anneal. 94 Pa. 191: Wlllisms v. Mc-Comb, 38 N. C. 455; Lasher v. Lasher, 13
Barb.JW. Y.) 110; In re Stuart's Will, 115 Wis, SSi 91 N. W. 688; Homes v. Mitchell. 6 N. C. 230, 5 Am. Dec. 527.
Classification^-Absolute legacy. One
given without condition and intended to vest immediately.-Additional legacy. One given to the same legatee in addition to (and not in lieu of) another legacy given before by the same will or in a codicil thereto.-Alternate legacy. One by which the testator gives one of two or more things without designating which.-Conditional legacy. One which is liable to take effect or to he defeated according to the occurrence or non-occurrence of some uncertain event. Harker v. Smith, 41 Ohio St, 238, 52 Am. Rep. 80; Markham v. Hufford, 123 Mich. 505, 82 N. W. 222, 48 L. R. A. 580, 81 Am. St. Rep. 222.-Contingent legacy. A legacy given to a person at a future uncertain time, that may or may not arrive; as "at his age of twenty-one," or "if or "when he attains twenty-one." 2 Bl. Comm. 513; 2 Steph. Comm. 259. A legacy made dependent upon some uncertain event. 1 Rop. Leg. 506. A legacy which has not vested. In re Engles' Estate. 166 Pa. 280, 31 Atl. 76; Andrews v. Russell, 127 Ala. 195, 28 South. 703; Ruben-cane v. McKee, 6 Del. Ch. 40, 6 Atl. 639.- Cumulative legacies. These are legacies BO called to distinguish them from legacies which are merely repeated. In the construction of testamentary instruments, the question often arises whether, where a testator has twice bequeathed a legacy to the same person, the legatee is entitled to both, or only to one of them; In other words, whether the second legacy must be considered as a mere repetition of the first, or as cumulative, t. e.. additional. In determining this question, the intention of the testator, if it appears on the face of the instrument, prevails. Wharton.-Demonstrative legacy. A bequest of a certain sum of money, with a direction that it shall be paid out of a particular fund. It differs from a specific legacy in this respect: that, if the fund out of which it is payable fails for any cause, it is nevertheless entitled to come on the estate as a general legacy. And it differs from a general legacy in this: that it does not abate in that class, but in the class of specific legacies. Appeal of Armstrong, 63 Pa. 316; Kenadty v. Sinnott, 179 U. S. 606, 21 Sup. Ct.-233, 45 L. Ed. 339; Gilmer v. Gilmer, 42 Ala. 9; Glass v. Dunn, 17 Ohio St. 424; Crawford v. McCarthy. 159 N. Y. 514, 54 N. E. 277; Roquet v. Eldridge, 118 Ind. 147, 20 N. E. 733. A legacy of quantity is ordinarily a general legacy: but there are legacies of quantity in the nature of specific legacies, as of so much money, with reference to a particular fund for payment. This kind of legacy is called by the civilians a "demonstrative legacy," and it is so far general and differs so much In effect from one properly specific that If the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the general assets; yet the legacy is so far specific that it will not be liable to abate with geperai legacies upon a deficiency of assets. 2 Williams, Ex'rs, 1078.-General legacy. A pecuniary legacy, payable out of the general assets of a testator. 2 Bl. Comm. 512; Ward. Leg. 1, 16, One so given as not to amount to a bequest of a particular thing or particular money of the testator, distinguished from others of the same kind; one of quantity merely, not specific. Tifft v. Porter, 8 N. Y. 518: Evans v. Hunter, 86 Iowa, 413. 53 N. W. 277, 17 L. R. A. 308, 41 Am. St. Rep. 503; Kelly v. Richardson, 100 Ala. 584. 13 South. 7&5.-Indefinite legacy. One which passes property by a general or collective term, without enumeration of number or quantity; as, a bequest of "all" the testator's "goods," or his "bank stock." Lown. Leg. 84.-Lapsed legacy. Where the legatee dies before the testator, or before the
legacy Is payable, tbe bequest is said to lapse, as it then falls into the residuary fund of the estate.-Modal legacy. A bequest accompanied by directions as to the mode or manner in which it shall be applied for the legatee's benefit, e. g., a legacy to A. to buy -him a house or a commission in the army. See Lown. Leg. 151.-Pecuniary legacy. A bequest of a sum of money, or of an annuity. It may or may not specify the fund from which it is to be drawn. It is not the less a pecuniary legacy if it comprises the specific pieces of money in a designated receptacle, as a purse or chest. See Humphrey v. Robinson, 52 Hun, 200, 5 N. Y. Supp. 104: Lang v. Ropke, 10 N. Y. Leg. Obs. 75: Ma this v. Mathis, 18 N. J. Law. GO.-Residuary legacy. A bequest of all tbe testator's personal estate not otherwise effectually disposed of by his will; a bequest of "all tbe rest, residue, and remainder" of the personal property after payment of debts and satisfaction of the particular legacies. See In re Williams' Estate, 112 Cal. 521, 44 Pac. 808, 53 Am. St Rep. 224; Civ. Code Cal. 1903, I 1357, subd. 4.-Special legacy. A "specific legacy" (q. v.) is sometimes so called.- Specific legacy. A legacy or gift by will of a particular specified thing, as of a horse, a piece of furniture, a term of years, and the like. Morriss v. Garland, 78 Va. 222. In a strict sense, a legacy of a particular chattel, which is specified and distinguished from all other chattels of the testator of the same kind; as of a horse of a certain color. A legacy of a quantity of chattels described collectively; as a gift of all the testator's pictures. Ward, Leg. 10-18. A legacy is general, where its amount or value is a charge upon the general assets in the hands of the executors, and where, if these are sufficient to meet all the provisions in the will, it must be satisfied; it is specific, when it is limited to a particular thing, subject, or chose in action, so identified as to render the bequest inapplicable to any other; as the bequest of a horse, a picture, or jewel, or a debt due from a person named, and, in special cases, even of a sum of money. Langdon v. Astor, 3 Duer (N. Y.) 477, 543.-Trust legacy. A bequest of personal property to trustees to be held upon trust; as, to pay the annual income to a beneficiary for life.-Universal legacy* In the civil law. A testamentary disposition by which the testator gives to one or several persons the whole of the property which he leaves at his decease. Civ, Code La. 1900, art. 1606.-Legacy duty. A duty imposed in England upon personal property (other than leaseholds) devolving under any will or intestacy. Brown.
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