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How, and
under what
restrictions
legacies are
to be paid. |
90 OF LEGACIES.
If a man by will gives a legacy to a child
as
a portion, and the child afterwards marry, and
the father gives a portion, this extinguishes
the legacy.
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If a man be bound to pay a sum of money to
another, as a debt, or portion, and give by will
an equal or greater sum, this will operate as a
satisfaction of the debt, or portion, when received;
unless there be a presumption, that the
testator's intention was otherwise; and in these
cases parol evidence is admitted; and whenever
a legacy is deemed a satisfaction of a debt, interest
is given from the death of the testator,
and the legacy must take place absolutely, and
immediately after the testator's death; and
therefore, if not made payable till a month after,
or on a contingency, it is no satisfaction;
nor is it, if the debt was contracted after
making the will; or when the bequest is of
something of a different nature, as land. If a
man make up an ineffectual conveyance of lands,
or chattels, it shall destroy a former devise, or
legacy.
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Where there is a bequest by will in discharge
of a demand, and the demand is insisted upon,
not only the bequest must be waved, but all
benefit under the whole will; for it is a general |
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