The hand-book of the law of legacies / containing a statement of the nature of legacies, and the accidents to which they are subjects; together with the rights of legatees, and the causes and manner of the ademption, cumulation, and abatement of their bequests

by Anonymous

LEGATEES’ REMEDY AGAINST THE EXECUTOR.

Though an executor hold no personal property in the estate of his testator, he is responsible for the right care and custody of the property under his charge, while for whatever mischief may arise from the misapplication and injury of it before distribution, without any fault of his wilfully committed, he can shelter himself under the estate. All costs, consequently, which are incurred in following the testator’s instruction, or in the right appropriation of the estate, are to be paid out of that estate. But for all wilful negligence, or improper conduct, he is answerable to the legatees, both at common law and in equity, and is liable to pay the cost out of his own estate.

Appended is the list of duties payable upon legacies, and the amount of which the executor is entitled to deduct before he pays the amount of each legacy.

Rates of Duty, payable on Legacies, Annuities, Residues, &c., of the Amount or Value of £20 and upwards,by Stat. 55 Geo. III. cap. 184.
The Description of the Legatee, Residuary Legatee, or next of Kin, must be in the following Words of the Act.		Out of Personal Estate only, if the Deceased died any time before or upon the 5th April, 1805.	Out of Real or Personal Estate, if the Deceased died after the 5th April, 1805.
To Children of the Deceased, and their Descendants, or to the Father or Mother or any Lineal Ancestor of the Deceased	}	(no Legacy Duty)	£1. per Cent.
To Brothers and Sisters of the Deceased, and their Descendants	}	£2. 10s. per Cent.	£3. do.
To Brothers and Sisters of the Father or Mother of the Deceased, and their Descendants	}	£4. — do.	£5. do.
To Brothers and Sisters of a Grandfather or Grandmother of the Deceased, and their Descendants	}	£5. — do.	£6. do.
To any Person in any other Degree of Collateral Consanguinity, or to Strangers in Blood to the Deceased	}	£8. — do.	£10. do.
Where any Legatee shall take Two or more distinct Legacies or Benefits under any Will or Testamentary Instrument, which shall together be of the Amount or Value of £20. each shall be charged with Duty, although each or either may be separately under that Amount or Value.
☞ OBSERVE.--The Duty on Annuities is payable by four Annual Instalments in the first four years from the commencement of the Annuity, and a penalty will be incurred if each of the succeeding Instalments of Duty be not paid in due time.
Should the Annuitant die before the four years have expired, the date of his or her death must be communicated in writing to the Comptroller of the Legacy Duties.
The Husband or Wife of the Deceased is not chargeable with Duty.
PENALTIES.
The Receipt must be dated on the Day of signing, and the Duty paid within 21 Day after, under a Penalty of £10 per Cent. on the amount of theDuty; and if the Duty be not paid within Three Months from the Date of the Receipt, a Penalty will be incurred of £10 per Cent. on the amount orvalue of the Legacy:—and the Commissioners of Stamps cannot, under any circumstances, Stamp a Receipt on which the Duty shall not be paidwithin the time limited, unless the Penalty be also paid.
NOTE.—Rents, Interests, or Dividends of Legacies, down to the Date of the Receipt, must be added to the Legacy, and Duty paid thereon.

LONDON:
CLARKE, PRINTERS, SILVER STREET, FALCON SQUARE.