9. Legacies.

A legacy is a testamentary gift of goods, chat

tels, or money.

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Legacies are either general or specific. general, or pecuniary legacy, is a bequest of goods, chattels, money, or stock, without reference to any particular articles in the possession of the testator; but a specific legacy, is a bequest of a particular thing, distinguished and specified, as, a particular house, horse, or piece of plate belonging to the testator; a certain quantity of stock, or Government securites; a term of years, or the like.

Legacies are, also, said to be vested, contingent, conditional, or lapsed.

A vested legacy is where a certain interest, either present or future, in possession, passes to the legatee.

A contingent legacy is where a bequest is to be given to a person, but that it is uncertain whether an interest will ever vest in him.

A conditional legacy is where a bequest is given on the happening of a certain event. Legacies on condition are divided into-conditions precedent and conditions subsequent. The former must happen, or be performed, before the legacy can vest; for, the conditions being precedent, no interest vests prior to the performance; the latter, by non-performance, will defeat a legacy already vested.

A lapsed legacy is where the legatee dies, or before the condition on which the legacy is given is performed; or before the time at which it is directed to vest in interest has arrived; in which case, the legacy falls into the general personal estate of the testator.

At the expiration of twelve months after the death of the testator, or sooner, if the testator's affairs can be clearly ascertained sooner, the legatee, or his representative, (should he have become deceased within that period after the testator's decease,) is entitled to the payment of the legacy. But no legatee can possess himself of a legacy without the consent of the executor; for, as the legal interest of the whole of the testator's personal estate is vested in the executor by operation of law, the legatee cannot legally appropriate any part of the testator's assets in satisfaction of his legacy, without such assent. Off. Ex. 221. And if the legatee takes the bequest without such assent, or retains it against his demand, should the legacy be in his hands, he renders himself liable to an action of trespass by the executor.

Where no time is appointed for the payment of a legacy, it is not necessarily payable till the expiration of a year after the testator's death; and, therefore, the interest does not begin to be payable till the year is expired. And though the will directs that the legacy shall be paid "as soon as

possible," it will not carry interest until the end of one year from the testator's death. But, if the testator's intention appears favourable to the construction, a legacy will carry interest from his death. 1 Ves. 308. So, interest on specific legacies is to be computed from the death of the testator. 6 Ves. Jun. 345. And though the legacy is to come out of a part of the testator's estate, which cannot be recovered for a long time after the expiration of the year from the testator's death, the computation of interest may commence from the end of the year after the decease of the testator, although he should direct the legacy to be paid when the fund, which is to constitute it, is collected in, or recovered. 13 Ves. 325. But, if a legacy is given absolutely, and is payable at a definite time, interest is not payable thereon before the arrival of the period prescribed. 4 Ibid. 1; 3 lbid. 10. In the case, however, of devises to the children of the testator, interest is due on their legacies from the death of their parent, although their legacies are payable at a future day. 3 Atk. 60; 3 Ves. Jun. 13. And grandchildren have been held to be comprised within this exception to the general rule, (3 Ves. Jun. 12; 5 lbid. 194;) as, also, illegitimate children, if it appears that it was the intention of the testator to put himself in loco parentis. 3 Ibid. 12.

10. Intestacy.

Intestacy may happen in a variety of methods. In all cases where a will is revoked, and no other made, a person is said to die intestate, at least as far as concerns the devises thus revoked. In all cases, also, of void devises, an intestacy shall take place as to them, unless there is a particular devise contained in the will of the residue of the testator's estate to some person; in which case, the legacies sink into, and become part of such residue, and go to the residuary legatee. And if the will is informal in its execution, with respect to the disposition of land, as, if it has but two witnesses to it, or if it is not signed by the witnesses in the presence of the testator, the law will determine the maker of it to die intestate, such will being, in fact, no will at all. So, if a man by his will disposes both of real and personal property, and such will is attested by only two witnesses, it will be valid as to the disposal of such personal estate, as he shall have thereby directed; but, for want of the solemnities prescribed by the statute of frauds, he will die intestate as to his real estate, which will descend to his heir. In like manner, if a person, by a will duly executed, and properly and legally witnessed, disposes only of part of his landed estate, or personal property, making no mention of the rest, and not devising the residue of his estate to any one, he is said to die intestate,

as to such part, both of his landed and personal property, as is not mentioned in the will; and the same shall descend, or be distributed, as in the case of a perfect intestacy, or dying without will at all.

any

As to the manner in which the law disposes of the estate, as well real as personal, of a person dying intestate, the following rules are to be attended to:

1st, As to Real Estate.

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On the death of any person possessed of the whole property (or, as the law calls it, seised in fee) of land which he had himself purchased, without making any disposal thereof by will, it is the general rule that the eldest son, if alive, shall inherit. If such eldest son is dead, his eldest son, or other issue, shall succeed to the land. If the eldest son is dead, without leaving any issue, then the land descends to the second, third, and all other sons respectively of the intestate, in order of birth, or to their issue, in like order. If a man has no sons, nor any issue of them, living at his death, his daughter is to inherit; or, if he has more than one, they take the land altogether, how many soever there may be; it being the rule of law, that where there are two or more males in equal degree, the eldest son shall inherit land; but that females inherit all together: and in this case, the daughters are called coparceners, as