| 词汇 | Legatee3 |
| 释义 | `1`Legatee3 `2` "Legal Lexicon": To this general rule there are several exceptions. First, when the testator has delegated a power to an individual to distribute the fund among the testator's relations according to his discretion; in such an instance whether the bequest be made to 'relations' generally or to 'poor,' or 'poorest,' or 'most necessitous' relations, the person may exercise his discretion in distributing the property among the testator's kindred although they be not within the statute of distributions. Second, an exception occurs where a testator has fixed ascertain test, by which the number of relatives intended by him to participate in his property, can be ascertained; as if a legacy be given to such of the testator's relations as should not be worth a certain sum, in such case all the testator's relatives answering the description would take, although not within the degrees of the statute of distributions. Third, an exception to the general rule is where a testator has shown an intention in his will to comprehend relations more remote than those entitled under the statute; in that case his intention will prevail. The word 'relation' or 'relations,' may be so qualified as to exclude some of the next of kin from participating in the bequest; and this will also happen when the terms of the bequest are to my 'nearest relations;' The word relations being governed by the statute of distributions, no person can regularly answer the description but those who are of kin to the testator by blood, consequently relatives by marriage are not included in a bequest to relations generally. Legacies To Next Of Kin. When a bequest is made to testator's next of kin, it is understood the testator means such as are related to him by blood. But it is not necessary that the next of kin should be of the whole blood, the half blood answering the description of next of kin, are equally entitled with the whole and if nearer in degree, will exclude the whole blood. Relations by marriage are in general excluded from participating in a legacy given to the next of kin. But this is only a prima facie construction, which may be repelled by the contrary intention of a testator. A testator is to be understood to mean by the expression 'next of kin,' when he does not refer to the statute or to a distribution of the property as if he had died intestate, those persons only who should be nearest of kin to him, to the exclusion of others who might happen to be within the degree limited by the statute. Nearest of kin will alone be entitled under a bequest to the next of kin in equal degree. Legacies To Legal Personal Representatives Or To Personal Representatives. Where there is nothing on the face of the will to manifest a different intention, the legal construction of the words 'personal representatives,' or 'legal personal representatives,' is executors or administrators of the person described. A legacy limited to the personal or legal personal representatives of A, unexplained by anything in the will, will entitle A's executors or administrators to it, not as representing A or as part of his estate or liable to his debts, but in their own right as personae designated by the law. Legacies To Descendants. A legacy to the descendants of A, will comprehend all his children, grandchildren, etc.; and if the will direct the bequest to be divided equally among them, they are entitled to the fund per capita. Legacies To A Family. The word family, when applied to personal property, is synonymous with 'kindred,' or 'relations;' This being the ordinary acceptation of the word family, it may nevertheless be confined to particular relations by the context of the will; or the term may be enlarged by it, so that in some cases, the expression may mean children or next of kin and in others may even include relations by marriage. Go to Legatee4 |
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