Page:Black's Law Dictionary (Second Edition).djvu/715

Rh

An instructor; a reader of lectures; also a clergyman who assists rectors, etc. in preaching, etc.

In mining law. This term, as used in the mining laws of the United States (Rev. St. § 2322 [U. S. Comp. St. 1901, p. 1425]) and in both legal and popular usage in the western American states, is synonymous with "lode," which see.

A book or accounts in which a trader enters the names of all persons with whom he has dealings; there being two parallel columns in each account, one for the entries to the debit of the person charged, the other for his credits. Into this book are posted the items from the day-book or journal.

—Ledger-book. In ecclesiastical law. The name of a book kept in the prerogative courts in England. It is considered as a roll of the court, but, it seems, it cannot be read in evidence. Bac. Abr.

In old English law. A latine-reeve, or chief officer or a lathe. Spelman.

The rising water or increase of the sea.

In English law. The name of a court of criminal jurisdiction, formerly of much importance, but latterly fallen into disuse. See COURT-LEET.

Meetings which were appointed for the nomination or eiectiun of ecciesiastical officers in Scotland. Cowell.

The alloy of money. Spelman.

In old English law. That which may he bequeathed. Cowell.

A bequest or gift of personal property by last will and testament. Browne v. Cogswell. 5 Allen (Mass) 557; Evans v. Price, 118 ill. 593, 8 N. E. 85-1; Prohate Court v. Matthews, 6 Vt. 27 ; In re K.-irr, 2 How. Pi-ac. N. S (N. Y.) 409, Nye v. Grand Lodge, 9 Ind. App. 131, 36 N. E. 429; Ky. St. 1903, I 'i(:7.

Synonyms. "Isl,-racy" and "bequest" are 9t]lIi\_'Ill’$l.lt terms. But in strict common-law terminology "lcgacy" and ‘‘devise'' do not mean the some thing and are not interchangeable, the i(urm¢-i- i)l‘lI1]z restricted to testamentary gifts oi personal property, while the iatter is prop- erly "SE11 only in relation to real estate. But by construction the word "lci:.-icy" may be so extended as to include really or interests there- in, ii-lien this is necessary to make a statute cover its intnnrlnd siib_1cct-matti-i- or to clIcctu- ate the purpose of a tcstator as expressed in his will. see In re Rosa's Estate. 140 Cal. 73 Pac. 976; In rn Kart. 2 llniv. 1‘r . N (N. 1") -109: Bacon v. Bacon. 55 Vt. 224; : Rntl's Appeal. 94 Pa, 191: "'illinins V, Mc- Comh, 38 N. C. -135: Lasher v, Lasher_ 13

707

LEGACY

Barb. (N. Y.) 110: In re Stuart's Will, 115 wis. 294, 91 N. W. 088; Homes v. Mitchell. 6 N. C. 230, 5 Am. Dec. 527. C1assifu:e.tiori.—AIJsu1nte legacy. One given without condition and intended to vest imniediaitely.—Additional legacy. One given _to the same legatce in addition to land nut in lieu _of) another it'g«'.1cygiven before by the some wi.il or in a codicil thereto.—Alterriate legacy. One by which the testator gives one of two or more Lhings without designating wliicb.—Conditional. legacy. One which is liahie to take elfcct or to be defeated according to the occurrence or non-occurrence of some uncertain event. Harker v. Smith, 41 Ohio ‘I, 238. 52 Am. Rep. 80: Mnrkhnm v. Hufiford, J23 l\Iich. 505, E N. ‘V. E2. -18 L. . A. 580, 81 Am. St. Rep. 2;".’.—Contingent legacy. A legacy given to a person at a future uncertain time. that may or may not arrive. 11:: "at his age of twenty-one," or "if" or "when he attains twenty no." 2 ‘Bl. Comm 513; 2 Sleph. ‘, A legacy made dcpendent upon some uncci iin event. 1 Hop. Log. 5176. A legacy winch has not rested. In re l<I‘ngles' Estate, 166 Pa 2S0. 31 Atl. 76; Andrews V. Russell, 127 Ala. 195. 28 South, 703: Rubecnane v. McKee. 6 Del. Ch. 40. 6 Atl. G39.- Ciunulntive legacies. Those are legacies so called to distinguish them from legacics which are merely repeated. in the construction of testamentary instruments, the question often arises whetbcr, where a restator has twice bequeathed a legacy to the same person. the legatee is entitled to both, or only to one of tbem; in other words, whether the second legacy must be considered as a mere repetition of the iiist, or [is cumulative, i. 2., additional. In determining this question, the intention of the ti-stator, if it appears on the face of the instruincnt. prevails. Wharton.—Demonstz-ative legacy. A bequest of a certain sum of money, with a direction that it shall be paid out of a particular fund. 1t dihfcrs from ll. specific legacy in this respect: that, if the fund out of which it is payable fails for any cause. it is nevertheless entitled to come on the estate as a general legacy. And it differs from a general ie,-zacy in this: that it does not ahnte in that class, but in the class of specific legacies. Appeal of Armstrong. 63 Pa. 316: Ixcnaxlay v_. Sinnott_ 179 U. S. 606. 21 Sup. Ct. $3. 40 L. Ed. 329: Gilmer v. Gilrncr. 42 Ala .: Glass v. Dunn. 17 Ohio St 424: Crawford V. McCari.l.i_v. 159 N. Y. 514. 54 N. E. 27": Roquet v. Eldridge. 118 Ind. 147. 20 N. E. 733. A legacy of quantity is ordinarily a general legacy: but there are legacies of quantity in the nature of specific legacies, as of so much money, with reference to a porticiilar fund for pavment. This kind of legacy is ciilioil by the civilians a "demonstrative legacy," anal it is so far general and difiors so much in elTect from one properly specific tbat, if the fiinnl he called in or fail, the legatee will not be deprived of his legacv, but be permitted to receiie it out of the general assets: yet the lc-.':1c_i' is so for specific that it will not be liable to abate with general legacies upon a deficiency of assets. 2 Willi-ims. F.x'rs. 10TS.—-General legacy. A peciininry legacy, puyohie out of the general assets of a test-iior. 2 Bl. Comm. 512; Wfl]1l. Leg. 1, 16 One so given as not to amount to a bequest of a paiiicular thing or partic- ular money of the tosttitor. distinguished from others of the some kind: one of quantity mert-lv, not specific. Tifit v. Poiter. 8 . Y, -Sis Finns v. Hunter, 86 Iowa, 413. 53 N. ". 17 L. R. A. 309. 4l Am. St RT, 503: Kclly v. P.it-harrlsun, 100 Ala. 5R _ 18 South. T. —InI:1efinite legacy. One which passes property hr :1 general or collective ts-rm, iiitliout enulznerzitioii of number or quantity- as, a. bequest of "all" the lestator's "goods." or his "l)£Lnk stock." Lawn Leg. 84.—I.npsed legacy. Where the legatee dies before the teistator, or before the