| 词汇 | Legatee |
| 释义 | `1`Legatee `2` "Legal Lexicon": LEGATEE - Also known as a beneficiary. Person named in a will to receive property. A legatee is a person to whom a legacy is given by a last will and testament. In general, every person may be a legatee, but a person civilly dead cannot take a legacy. Under What Description Legatees May Take. Of Legacies To Legitimate Children. When it appears from express declaration or a clear inference arising upon the face of the will, that a testator in giving a legacy to a class of individuals generally, intended to apply the terms used by him to such persons only as answered the description at the date of the instrument, those individuals alone will be entitled, although if no such intention had been expressed or appeared in the will, every person failing within that class at the testator's death, would have been included in the terms of the bequest. Where a legacy is given to a class of individuals, e.g., to children, in general terms and no period is appointed for the distribution of it, the legacy is due at the death of the testator; the payment of it being merely postponed to the end of a year after that event, for the convenience of the executor or administrator in administering the assets. The rights of the legatees are finally settled and determined at the testator's decease. Upon this principal, is founded the well established rule that children in existence at that period or legally considered so to be, are alone entitled to participate in the bequest. When legacies are given to a class of individuals, generally, payable at a future period, e.g., to the children of B, when the youngest shall attain the age of twenty-one or to be divided among them upon the death of C; any child who can entitle itself under the description, at the time when the fund is to be divided, may claim a share, viz: as well children living at the period of distribution, although not born till after the testator's death, as those born before and living at the happening of that event. This general rule may be divided into two branches. First, when the division of the fund is postponed until a child or children attain a particular age; as when a legacy is given to the children of A, at the age of twenty-one; in that case, so soon as the eldest arrives at that period, the fund is distributable among so many as are in existence at that time; and no child born afterwards can be admitted to a share, because the period of division fixes the number of legatees. Distribution is then made and nothing remains for future partition. Second, when the distribution of the fund is deferred during the life of a person in esse. In these cases, when the enjoyment of the thing given, is by the testator's express declaration not to be immediate by those, among whom it is to be finally divided, but is postponed to a particular period, as the death of A, then the children or individuals who answer the general description at that time, when distribution is to be made, are entitled to take, in exclusion of those afterwards coming in esse. The word 'children' does not ordinarily and properly speaking, comprehend grandchildren or issue generally; these are included in that term only in two cases, namely: 1. From necessity, which occurs where the will would remain inoperative unless the sense of the word 'children' were extended beyond its natural import; and, 2. Where the testator has shown by other words, that he did not intend to use the term children in its proper and actual meaning, but in a more extended sense. Of Legacies To Natural Children. Natural children unborn at the date of the will, cannot take under a bequest to the children generally or to the illegitimate children of A B by Mary C; because a natural child cannot take as the issue of a particular person, until it has acquired the reputation of being the child of that person, which cannot be before its birth. Go to Legatee2 |
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