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OF LEGACIES. 91
rule, that he who would derive a benefit under
a will, must not contravene, or contradict it,
where it is not for his advantage.
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How, and
under what
restrictions
legacies are
to be paid. |
If a legacy be given to one for a limitted
time, and then to another, and the first legatee
die in the life time of the testator, the second
legatee shall take; so if jointly to two, the survivor
shall take the whole; but if severally, he
shall have only his proportion, and the part of
the deceased legatee shall sink into the residue.
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No chattel can be intailed; and if a chattel
be bequeathed in such a manner, as that it
would be an express estate tail, if the subject
was land, a limitation over on the death of the
legatee without issue is void; but if there be
words in the will, to restrain the meaning to a
dying without issue living at the time of the
death of the first legatee, the limitation over
is good.
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Where female negroes have been bequeathed
to one for life, and a limitation over to another
on the death of the first legatee, it seems to be
a settled point, that the children of the negroes
bequeathed, belong to the first legatee, as part
of the use, or profit of the negroes bequeathed,
and do not go with the negroes bequeathed to |
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