| 词汇 | Legatee2 |
| 释义 | `1`Legatee2 `2` "Legal Lexicon": Natural children, unborn at the date of the will and described as children of the testator or another man, to be born of a particular woman, cannot take under such a description. A legacy to an illegitimate child in ventre sa mere, described as the child of the testator or of another man, will fail, since whether the testator or such person were or were not in truth the father, is a fact which can only be ascertained by evidence that public policy forbids to be admitted. A child described merely as a child with which the mother is enceinte, without mentioning its putative father; or if the testator express a belief that the child is his own and provide for it under that impression, regardless of the chance of being mistaken; then the child will in the first place be capable of taking and in the second, as presumed, be also entitled in consequence of the testator's intent to provide for it, whether he be the father or not. Natural children in existence, having acquired by reputation the name and character of children of a particular person, prior to the date of the will, are capable of taking under the name of children. But the term child, son, issue, and every other word of that species, is to be considered as prima facie to mean legitimate child. Whether such children take or not depends upon the evidence of the testator's intention, manifested by the will, to include them in the term children; these cases are instances where the evidence of such intention was deemed insufficient. In the following, the evidence of intention was held to be sufficient. Of Legacies Of Personal Estate To A Man And His Heirs. A legacy to A and his heirs, is an absolute legacy to A and the whole interest of the money vests in him for his use. But when no property in the bequest is given to A and the money is bequeathed to his heirs or to him with a limitation to his heirs, if he die before the testator and the contingency happens, then if there be nothing in the will showing the sense in which the testator made use of the word heirs, the next of kin of A are entitled to claim under the description as the only persons appointed by law to succeed to personal estate A bequest to the heirs of an individual, without addition or explanation, will belong to the next of kin; the rule however, is subject to alteration by the intention of the testator. If then the contents of the will show that by the word heirs the testator meant other persons than the next of kin, those persons will be entitled. Legacies To Issue. The term issue, is of very extensive import and when used as a word of purchase and unconfined by any indication of intention, will comprise all persons who can claim as descendants from or through the person to whose issue the bequest is made; and in order to restrain the legal sense of the term, a clear intention must appear upon the will. Where it appears clearly to be a testator's meaning to provide for a class of individuals living at the date of his will and he provides against a lapse by the death of any of them in his lifetime by the substitution of their issue; in such case, although the word will include all the descendants of the designated legatees, yet if any person who would have answered the description of an original legatee when the will was made be then dead leaving issue, that issue will be excluded, because the issue of those individuals only who were capable of taking original shares at the date of the will, were intended to take by substitution; so that as the person who was dead when the will was made could never have taken an original share, there is nothing for his issue to take in his place. Of Legacies To Relations. Under a bequest to relations, none are entitled but those, who in the case of intestacy, could have claimed under the statute of distribution. Go to Legatee3 |
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