CHAPTER IV.
Legacies.
People generally understand quite well what is meant by a legacy in a will; but there is a popular meaning attached to the word, which differs from the strict legal meaning. Popularly, we suppose a legacy to be anything—property of any kind, whether real or personal—left to a person in a will; whereas, the strict legal meaning is, that it is a gift of money, or some particular thing, left to a person in a will. When real estate is given, we then term it a devise, in a legal point of view; but the word bequest is a more general term, as it may designate either a legacy or a devise.
In this chapter, we shall treat of legacies: 1. As to their Quality; 2. Vested or Contingent; 3. Conditional; 4. Payment; and 5. The Person who may take.
Section 1.—As to their Quality.
Of legacies, there are two kinds—a general legacy, and a specific legacy; with the former is classed what is termed a pecuniary legacy. A legacy is general when it is so given as not to amount to the giving of some particular thing, or money, belonging to the testator. A legacy is specific when it is a bequest of a specified part of the testator’s personal estate, which may be distinguished from all others of the same kind. Thus, for example, “I give a diamond ring” is a general legacy, which may be satisfied by the delivery of any ring of that kind; while “I give the diamond ring presented to me by A” is a specific legacy, which can only be fulfilled by the delivery of the identical ring mentioned; for the object is accurately referred to and described, and the legacy can only be satisfied by a delivery in specie.[108]
Again, if the testator have many brooches and horses, and bequeath “a brooch” or “a horse” to B, in these cases it is a general legacy; for it is uncertain, from the description, whether any particular brooch or horse was intended; so that the bequest may be satisfied by the delivery of something of the same species as that mentioned.[109] But a bequest “of such part of my stock of horses as A shall select, to be fairly appraised, to the value of $800,” or “of all the horses which I may have in my stable at the time of my death,” is specific.[110]
A bequest to a wife in the following words: “I give and bequeath to my wife, A, the annual sum of £300 sterling each and every year during her natural life, in order that she may live in quiet and easy circumstances,” and which, with other legacies afterwards given to her, was expressed to be in lieu of dower, was held to be specific.