Words of
description in
wills. |
94 OF LEGACIES.
are very often used in testaments; but I must
observe, that error in the name, quantity or
quality of the thing bequeathed, doeth not destroy
the legacy, when the body, or substance,
can be ascertained; and so of error or uncertainty
in the name or quality of the legatee, if
the person intended can be proved.
|
|
If a man bequeath all his goods to A, and
bequeaths
nothing to any other, goods will comprehend
all his personal estate, and debts due to
him. So if there be legacies to others, and a
bequest of the residue of his goods, the whole
residue of the personal estate shall pass; and also,
in the cases put, a right to set aside a release,
or other advantage obtained by fraud.
|
|
Moveables, comprehend as well such goods as
are passively moveable, or removeable; things
that have not life; as such as are actively, and
by their own accord move themselves, as live
goods, &c. But money arising from land
devised to be sold is not a moveable; nor
are, in favour of the heir, fish in a pond,
pidgeons belonging to a dove-cote, or deer in a
park.
|
|
Immoveables--or chattels real, are, such
as a
lease, and the natural fruits of the soil. |
|
 |
