Residue
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
As applied to decedent estates, means all that property which remains after paying the charges and debts, and satisfying the devises and uary devisee or legatee is a person named in a will to take all the real or personal property which may remain when the estate has been settled. The " residue " of a testator's estate and effects, means what is left after all liabilities are discharged, and all the purposes of the testator, specifically expressed in his will, are carried into effect. Graves o.
Howard, 3 Janes Eg. 302.
Residue, as used in wills, ordinarily means that portion of an estate which is left after the payment of charges, debts, and particular bequests. The presumption is that a testator uses it in this sense, unless a contrary intention clearly appears. And the fact that a testator gives a portion of the residue of the estate by an early clause of his will, in connection with a particular legacy, and that various particular legacies are given later in the will, is not sufficient evidence that the testator used the word residue in any other than the usual sense.
Phelps V. Bobbins, 40 Conn. 250.
In construing the word residue, in a will, the courts generally incline it to the whole of the residue of the estate, in cases of doubt.
Carr v. Dings, 58 Mo. 400.
That a gift, in a will, of the residue may include real as well as personal property, see Atkins v. Kron, 2 Ired. Eg. 58; Seekright V. Carrington, 1 Wash. ( Va.) 45; Smith V. Smith, 17 Gratt. 268.