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OF LEGACIES. 95
Debts, are neither moveable, nor immoveable,
nor will they properly pass as such; but if the
testator bequeath all his goods moveable and
immoveable whatsoever, such universal expressions
stretch the signification of the terms, from
the indulgence given to testaments, and will,
in the case put, comprehend debts; and this
would still be clearer, if the testator had no
goods moveable, or no goods immoveable, answerable
to the proper meaning of the terms.
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Words of
description in
wills. |
Houshold stuff--there is no difficulty in
determining
many things to be such, it may therefore
be of more use to intimate what things are
not such; apparel, books, tools for artificers,
cattle, victuals, grain in the barn, tobacco,
waggons, carts, plough-gear, and the like are
not, and formerly nothing of gold or silver was,
but at this time, vessels of silver, gold, and precious
stones, as basons and ewers, bowls, cups,
candlesticks, &c. pass under the description of
houshold stuff or furniture; yet not all events,
but in the cases where the testator in his
life time reckoned them so; on the contrary,
if the testator esteemed them rather as ornaments
than utensils, and used them for pomp
rather than for the ordinary service of his house,
they will no pass as houshold stuff or furniture. |
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