Legacy

A gift by last will. The term is more commonly applied to money or personal property, although sometimes used with reference to a charge upon real estate. 2 Williams, Ex'rs, 947; 5 Term R. 716; 1 Burrows, 268; 7 Ves. 391, 522. Absolute Legacy. One given without condition, to vest immediately. 1 Vern. 254; 2 Vern. 181; 5 Ves. 461; 19 Ves. 86; Comyn, Dig. "Chancery" (I 4).

— Additional Legacy. One given to a legatee to whom a legacy has already been given. It may be either by an increase in a codicil of a prior legacy given in the will, or by another legacy added to that already given by the will. 6 Mod. 31; 2 Ves. Jr. 449; 3 Mer. 154. Alternative Lagacy. One by which the testator gives one of two or more things, without designating which. Conditional Legacy. A bequest whose existence depends upon the happening or not happening of some uncertain event, by which it is either to take place or be defeated. 1 Rop. Leg. (3d Ed.) 645. Demonstrative Legacy. A bequest of a certain sum of money with reference to a particular fund for payment. Williams, Ex'rs, 995. General Legacy. One so given as not to amount to a bequest of a particular thing or money of the testator, distinguished from all others of the same kind. 1 Rop. Leg. (3d Ed.) 170. Indefinite Legacy. A bequest of things which are not enumerated or ascertained as to numbers or quantities; as, a bequest by a testator of all his goods, all his stocks in the funds. Lowndes, Leg. 84; Swinb. Wills, 485; Ambl. 641; 1 P. Wms. 697. Lapsed Legacy. One which, in consequence of the death of the legatee before the testator, or before the period for vesting,' has never vested. Legacy for Life. One In which the legatee is to enjoy the use of the legacy for life. Model Legacy. A bequest accompanied with directions as to the mode in which it should be applied for thfe legatee's benefit; for example, a legacy to Titius to put him -:

— Pecuniary Legacy. One of money. Pecuniary legacies are most usually general legacies, but there may be a specific pecuniary legacy; for example, of the money in a certain bag. 1 Rop. Leg. 150, note. Residuary Legacy. A bequest of all the testator's personal estate not otherwise effectually disposed of by his will. Lowndes, Leg. 10; Bac. Abr. "Legacies" (I). Specific Legacy. A bequest of a specified part of the testator's personal estate, distinguished from all others of the same kind. 3 Beav. Rolls, 349. LEGAL Opposed (1) to that which is unlawful; (2) to that which is equitable; (3) to that which is actual. See "In Law." As a prefix, it ordinarily implies sufficient in point of law; thus, legal consideration, legal debts, legal defenses, etc.

A bequest or gift of personal property by last will and testament Browne v. Cogswell, 5 Allen (Mass.) 557; Evans v. Price, 118 III. 593, 8 N. E. 854; Probate Court v. Matthews, 6 Vt. 274; In re Karr, 2 How. Prae. N. S. (N. Y.) 409; Nye v. Grand Lodge, 9 Ind. App. 131, 36 N. E. 429; Ky. St 1903, § 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 m 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. S(N. Y.) 409; Bacon v. Bacon, 55 Vt. 247; Roth's Appeal, 94 Pa. 191; Williams v. Mc-Comb, 38' N. (X 455; Lasher v. Lasher, 13 Barb. (N. Y.) 110; In re Stuart's Will, 115 Wis. 294, 91 N. W. 688; Homes v. Mitchell, 6 N. O. 230, 5 Am. Dec. 527. Classification.

— Absolute legacy. On 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 be 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, 2S South. 703; Ruben-cane v. McKee. 6 Del. Ch. 40, 6 Ali. 639.

— Cumulative legacies. These are legacies so 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, i. 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 pnid 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; Kenaday 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. El 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 general legacies upon a deficiency of assets. 2 Williams, Exits, 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 sf the testator, distinguished from others of the same kind; one of quantity merely, not specific. Tifft v. Porter, 8 N. Y. 5l8; Evans v. Hunter, 86 Iowa, 413, 53 N. W. 277, 17 In In A. 308, 41 Am. St. Rep. 503; Kelly v. Richardson, 100 Ala. 584, 13 South. 785.

— Indefinite legacy. One which passes property by a general or collective term, without enumeration of number or quantity; as, a bequest of "ali" the testator's "goods," or his "bank stock." Lown. Leg. 84.

— Lapsed legacy. Where the legatee dies bsfore the testator, or before the legacy is payable, the 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 npt 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. 164; Lang v. Ropke, 10 N. Y. Leg. Obs. 75; Mathis v. Mathis, 18 N. J. Law, 66.

— Residuary legacy. A bequest of all the testator's personal estate not otherwise effectually disposed of by his will; a bequest of "all the rest, residue, and remainder" of the personal property after payment of debts and satisfaction of the particular legacies. See In re Williams' Estate, ll2 Cal. 521, 44 Pac. 808, 53 Am. St Rep 224; Civ. Code Cal. 1903, § 1357, subd. 4,

— Special legacy. A "specific legacy" (g. vt) 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. Mornss v. Garland, 78 Va. 222. In a strict sense, a legacy of a particular chattel, which is specified and distinguished froin ali 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 ali the testator's pictures. Ward, Leg. 16-18. 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 j'ewel, 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.

A bequest of goods and chattels; a gift of personalty by wilL Contingent legacy: a legacy in which no immediate interest passes to the legatee, but the title to which depends on the legatee being in a condition to receive it when due. Cumulative legacy: a legacy given in addition to one given before. Demonstrative legacy: a legacy directed to be paid out of a particular fund. General legacy: a legacy payable out of any assets. Lapsed legacy: a legacy which has failed through the death of the legatee before the testator, or before a given age or event Residuary legacy: a bequest of all of the personal estate of the testator not otherwise disposed of. Specific legacy: a legacy of a particular piece of property. Vested legacy:

A bequest of goods or chattels; v. Bequeath; a gift by last will. A general legacy is one payable out of any assets; a specific legacy is a legacy of a particular piece of property; a demonstrative legacy is one directed to be paid out of a particular fund. A cumulative legacy: one given in addition to, not in lieu of, one given before. A lapsed legacy: v. Lapse. A residuary legacy: a bequest of all the testator's personal estate not otherwise disposed of by the will.

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.

DEMONSTRA-