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86 OF LEGACIES.
the legacy be general, as a sum of money, or
specifick, as a piece of plate, or a negro that
was the property of the testator.
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How, and
under what
restrictions
legacies are to
be paid. |
In case of a deficiency of estate to pay the
debts, all the general legatees must abate in
proportion, in order that the debts may be
paid; but a specifick legatee is not to allow any
thing by abatement, till the fund for the payment
of general legatees is exhausted--after
this fund is exhausted, specifick legatees are to
abate in proportion. If the legatees have received
their legacies, they are afterwards liable
to refund, if debts come in, beyond the residue
of the estate.
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If a testator gives a specifick thing, not in
his possession, as a horse, or negro, which is to
be procured by purchase, this is considered as a
general legacy.
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If the legatee die before the testator, the legacy
is lost; whether it be general, or specifick,
and sinks into the residue.
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As a specifick legacy has the advantage in
not being subject to abatement for payment of
debts, till the rest of the estate is exhausted, so
it hath the disadvantage in this, that if the |
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