21 S.C. Eq. 1
Bailey v. Wagner
Court of Appeals of South Carolina · decided 1848-01-15
<p>The testator, after making a bequest of slaves, sold one of them in his life time— held thatt'he sale was, pro tanto, an ademption of the legacy. .</p> <p>Testator made a bequest of $8000, to the children of his grandson, such part of which, as might be necessary, to be applied in payment of a loan which had been made for the benefit of their mother’s separate estate — the surplus to be invested for their benefit, &c. The loan having been satisfied by other means during the life time of the testator, the Court directed the whole amount of the legacy to be invested by the executors for the benefit of the children, and the capital to be transferred to their guardian, as soon as one should be appointed.'</p> <p>A legatee to whom Insurance stocks had been bequeathed, which had subsequently depreciated in the life time of the testator, held not to be entitled to any thing more than the stocks as they stood at the time of the testator’s decease.</p> <p>Testator made a bequest “ to the children of his grandson,” to be paid one year after his death — held that only such children as were in esse at the death of the testator, and such as were born within one year after his death, and were alive at that time, were entitled to take.</p> <p>Where the father was unable to maintain his infant children, and they were the recipients of considerable legacies, the Court ordered a proper allowance to the father, for their maintenance and education, its disbursement to be accounted for annually before the Commissioner.</p> <p>When the things which form the subject of a bequest are capable of individuality, and have been enumerated by the testator — then the legacy is specific.</p> <p>The property in question proving to be more than was enumerated in the will, as “ the residue of my estate,” held that the residuary legatees were entitled to all the personal estate which might turn out not to have been well bequeathed to others.</p> <p>Speers’Eq. 85,</p> <p>Innes v. Johnston, 4 Yes. 574.</p> <p>Cambridge v. Rous, 8 Ves. 12L</p>
Decided 1848-01-15
