Residue

That which remains of something after taking away a part of it; as, the residue of an estate, that which remains after payment of debts, charges, arid particular legacies and devises. 68 Pa. St. -332. A will bequeathing the general residue of personal property passes to the residuary legatee everything not otherwise effectually disposed of; and it makes no difference whether a legacy falls into the estate by lapse, or as void at law, the next of kin is equally excluded. 15 Ves. 416; 2 Mer. 392. See 7 Ves. 391; 1 Brown, Ch. 589; 4 Brown, Ch. 55; Rop. Leg. Index; Jarm. Wills. RESIGNATION (Lat. resignatio; re, back, signo, to sign). The act of an officer by which he declines his office, and renounces the further right to use it. It differs from "abdication" (q. v.) As offices are held at the will of both parties, if the resignation of an officer be not accepted, he remains in office. 4 Dev, (N. C.) 1.

That which remains of some- See Diet, de Jurisp.; Ordinance; Joint thing after taking away a part of it: as, the Resolution. residue of an estate, which is what has not In Civil Law. The act by which a contract been particularly devised by will. which existed and was good is rendered null. What is left; the rest. Hulin v. Squires, Resolution differs essentially from rescis- 63 Ilun 352, 18 N. Y. Supp. 309. What is sion. The former presupposes the contract left after all liabilities are discharged, and to have been valid, and it is owing to a cause the objects of the testator carried into effect. posterior to the agreement that the resolu- Morgan v. Huggins, 48 Fed. 3. tion takes place; while rescission, on the A will bequeathing the general residue of contrary, supposes that some vice or defect personal property passes to the residuary annulled the contract from the beginning. legatee everything not otherwise effectually Resolution may be by consent of the parties disposed of; and it makes no difference or by the decision of a competent tribunal; whether a legacy falls into the estate by rescission must always he by the judgment lapse or is void at law, the next of kin is of a court; 7 Troplong, d'e la Vente, n. 6S9; equally excluded'; 15 Yes. 416; 2 Mer. 392. 7 Toullier 551. See Phelps v. Robbins, 40 Conn. 264. RESOURCES. Money or any property Where a residuary legacy lapses, there is a that can he converted into supplies, capabilipro tanto intestacy; Reed’s Estate, S2 Pa. ties of producing wealth, or to supply neces- 428. Where the residue is not expressly dis- sary wants; available means or capabilities posed of and it does not appear by the will of any kind. Ming v. Woolfolk, 3 Mont. 386. that the executors were intended to take it beneficially, they are to be deemed trustees RESPECTIVE, RESPECTIVELY. Words for the next of kin; 8 Beav. 475; though of severance. Occurring in a testamentary previous to 1830, it was considered in the gift to more persons than one, their effect is English courts that if the testator had nam- to sort out the devisees or legatees so that ed in his will an executor, but no residuary they take as tenants in common; 31 L. J. legatee, the executor should retain the resi- Oh. 368. In court or in chambers respectivedue of the personal estate for his own bene- ly, as used in the Judicature Act, means eifit; Sclioul. Ex. & Ad. § 494. Under the stat- thcr in court or in chambers; 53 L. J. Q. utes 2 Geo. 1Y. and 1 Wm. IV. c. 40, the ex- B. 428; 13 Q. B. D. 218. ecutor is a trustee for the next of kin, unless RESPECTU COMPUTI VICECOMITIS it shall appear from the will that he is to take the residue beneficially; L. R. 7 II. L. HABEND0. A writ for respiting a sheriff’s 600; and he is not entitled to it by implica- account addressed to the treasurer and bartion of law; id. See 12 Eng. Rul. Cas. 20; ons of the exchequer. Reg. Orig. 139. Legacy. A legacy to the next of kin does RESPITE. In Civil Law. An act by which not exclude his claim to the residue; Amb. a debtor who is unable to satisfy his debts at 566; 12 Yes. 298. the moment transacts (i. e. compromises)

or residunm. That which remains affer taking a part away;. the sui-plus of a testator's estate remaining after all the debts and particular legacies have been discharged.

That which remains after taking away a part; surplus. In a will, such portion of the estate as is left after paying the charges, debts, devises, and legacies. The presumption is that a testator uses it in this sense. A contrary intention must clearly appear. The "residue" of a man's estate, in testamentary language, means whatever is not specifically devised or bequeathed. The word has this meaning unless the whole will taken together shows clearly that it was not so intended. The courts incline to extend the word to the whole estate, when it is not clear whether the testator meant it to apply to a residue of the whole or only of a particular part. Residuary. Relating to the residue; as, residuary — clause, legatee, devisee, estate. A residuary legatee receives the residuum of an estate. Any words indicating that purpose will be sufficient to uphold the bequest. See Legacy; Residuum, 2.

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.

That which remains of something after taking away a part of it; as, the residue of an estate, which is what has not been particularly devised by will. A will bequeathing the general residue of personal property, passes to the residuary legatee every thing not otherwise effectually disposed of, and it makes no difference whether a legacy falls into by lapse, or as void at law, the next of kin is equally excluded. 15 Ves. 416; 2 Mer. 392. Vide 7 Ves. 391; 4 Bro. C. C. 55; 1 Bro. C. C. 589; Rop. on Leg. Index, h. t.