Page:United States Statutes at Large Volume 47 Part 1.djvu/1200

 1176 G ENE RAL PRO- VI SIO NS RELAT- ING TO WILLS. Nature and designa- tion of legacies. Specific. Demonstrative. Annuity. Residuary. General. Post, p. 1177. Order of tale debts .resort to es- SEC. 385 . ORDER OF RESORT TO EST ATE FOR DEBTS .Th e pr oper ty of for a testator, except as otherwise specially provided in this code an the Code of Civil Procedure, must be resorted to for the payment of debts, in the f ollowing order (1) The property which is expressly appropriated by the will for the payment of the debts ; 2) Property not disposed : of by the will ; (3) Property which is devised or bequeathed to a residuary legatee ; (4) Property which is not specifically devised or bequeathed, and, (5) All other property ratably . Before any debts are paid, the expenses of the administration and the allowance to the family must be aid or provided for . SEE . 386. SAn1E FOR LEGACIES.-The property of a testator, except as otherwise specially provided in this code and the Code of Civil Procedure, must be resorted to for the payment of legacies, in the following order : (1) The property which is expressly appropriated by the will for the payment of the legacies . (2 Property not disposed of by the will. (3) Property which is devised or bequeathed to a residuary lega tee. (4) Property which is specifically devised or bequeathed. Legacies. Post, p .1177. Abatement. Specific legacies. 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . CHAP TER 25 .-GENERAL PROV ISIONS RELATING TO WILL S SEC. 384. NATURE AND DE SIGN ATI ON OF LEGACIES .-Legacies are distinguished and designated, according to their nature, as follows 1. A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific ; if such legacy fails, resort can not be had to the other property of the testator ; 2. A legacy is demonstrative when the particular fund or personal property is pointed out from which it is to be taken or paid ; if such fund or property fails, in whole or in part, resort may be had to the general assets, as in case of a general legacy 3 . An annuity is a bequest of certain specified sums periodically ; if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy ; 4 . A residuary legacy embraces only that which remains after all the bequests of the will are discharged ; 5 . All other legacies are general legacies. CHOSE REFERENCE Legacy and annuities, when due, see section 393. CHOSE REFERENCE Payment of legacies, when legacies are due, see section 395. Lega cies, how charged EC. 387 . LEGACIES, HOW CH ARG ED WITH D EBTS .-Legacies to hus- band, wi dow, or kin dred of any class are chargeable onl y after legacies to persons not related to the testator. SEC. 388. ARATEMENT.--Abatement takes place in any class only as between legacies of that class, unless a different intention is expressed in the will. SEC. 389 . SPECIFIC LEGACIES .-In a specific legacy, the title passes by the will, but possession can only be obtained from the personal