Legacy
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
A gift of personal property by will. The term is equivalent to bequest (see Bequeath); and, when properly used, is opposed to devise, which signifies a testamentary disposition of realty. Legacy, when used in a will, may indeed be construed as including a disposition of lands; but this on the ground of construing the word according to the intent of the testator in view of the context and attendant circumstances, and not because a gift of real property is within the proper legal meaning of the word. tinguished from the other by incidents which the law attaches to them respectively. A specific legacy is the bequest of a particular thing or money, specified and distinguished from aU others of the same kind. A demonstrative legacy is where the thing or money is not speoifi.ed or distinguished from all others of the same kind, but a particular fund is pointed out for its payment. A general legacy is one of quantity merely, and includes all cases not embraced in the two other classes. Legacies are termed absolute, when given unconditionally, and to vest at once; conditional, when they are made dependent on some uncertain event. They are additional or cumulative, when given to a legatee to whom the testator has given a prior legacy; and alternative, when one of two things is given, without absolutely designating which is meant. A residuary legacy is where a testator, after making various dispositions, gives all the remainder of his personal property to some person, who is termed the residuary legatee. The word legacy includes any gift of personal property, by will, as well one made in lieu of dower, or in satisfaction of an indebtedness, as those which are wholly gratuities. Legacy is the synonym of the word bequest.
Orton v. Orton, 3 Abb. App. Dec. 411.
Legacy, in a will, may include real as well as personal property.
Holmes v. Mitchell, 1 Law Bepos. 107.
It relates to real or personal estate, according to the intention of the testator.
Holmes v. Mitchell, 2 Murph. 228.
Though legacy, in a will, usually applies to personalty only, it may comprehend both real and personal estate.
Williams v. Mc- Comb, 3 Ired. Eq. 450 Legacy duty.
A tax or charge in favor of government, imposed upon personal property given by will, or distributable upon intestacy; by English statutes.