|
92 OF LEGACIES.
the second legatee; but if the children or increase
be bequeathed over, then they shall go
according to the directions of the will.
|
Surplus undisposed;
who entitled
to it. |
It seems also to be the settled practice in this
province, contrary to the rule in England, that
the residue of the estate undisposed of by the
will, shall not go to the executor; but goes as
undisposed surplus does in England, when there
is a particular legacy given to an executor, for
his care and pains, that is, that it shall be
distributed.
|
Of a double
devise. |
If land be devised in a former part of a will
to one person, and in a subsequent part to another
person, the rule now is, that the devisees
shall take jointly; but if a chattel be so bequeathed,
the latter part of the will is a revocation
of the former, and the second legatee shall
exclude the first.
|
Legatee in
place of a
creditor. |
If the personal estate be exhausted in the payment
of debts, or a legatee be obliged to abate
of his legacy towards such payment, a legatee
shall stand in the place of a creditor to recover
satisfaction out of a real estate devised to be sold
for payment of debts. So if there be a debt on
mortgage, or bond, in which the heir is bound,
and a legacy of a lease, or horse, the legatee |
|
 |
