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OF LEGACIES. 87
thing given should perish before the executor's
assent, or be disposed of by the testator in his
life time, it is lost.
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How, and
under what
restrictions
legacies are
to be paid. |
If a man give by will a debt due to him, this
is a specifick legacy; and if the debtor become
insolvent, the legacy is lost. If the money be
paid in to the testator, by the voluntary act of
the debtor, the legacy is not thereby lost, but
the legatee will be entitled to the money paid
in. If the payment of the money be called for,
or compelled by the testator, it is said in many
books, the legacy is lost; tho' if called in for
security, as where the circumstances of the
debtor become doubtful, it is also said, not to be
reasonable that the legacy should be lost.
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If a legacy be given at a future day after the
testator's death, and the legatee die before the
day, it is lost; but if given to be paid at a future
day, it is a vested legacy, and shall go as the
property of the legatee. The distinction is between
the future time annexed to the substance
of the gift, and only to the payment of it.
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But if the legacy to be paid in future is to be
raised out of land, and the legatee die before
the time for payment, it shall sink for the benefit
of the heir; unless the time of payment
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