| 词汇 | Legatee4 |
| 释义 | `1`Legatee4 `2` "Legal Lexicon": Legacies To Servants. To entitle himself to a bequest 'to servants,' the relation of master and servant must have arisen out of a contract by which the claimant must have formed an engagement which entitled the master to the service of the individual during the whole period or each and every part of the time for which he contracted to, serve. To claim as a servant, the legatee must in general be in the actual service of the testator at the time of his death. Still a servant may be considered by a testator as continuing in his employment and be intended to take under the bequest, although he quitted the testator's house previous to his death, so as to answer the description in the instrument; and to establish which fact declarations of the testator upon the subject cannot be rejected; but testimony that the testator meant a servant notwithstanding his having left the testator's service, to take a legacy bequeathed only to servants in his employment at his death, cannot be received as in direct opposition to the will. The Effect Of Time And Changes. In general, a will begins to speak at the death of the testator and consequently in ordinary cases, relations, next of kin, issue, descendants, etc., living at that period will alone divide the property bequeathed to them by those words. If a testator express or his intention otherwise appear from his will, that a bequest to his relations, etc., living at the death of a person or upon the happening of any other event, should take the fund, his next of kin only in existence at the period described, will be entitled, in exclusion of the representatives of such of them as happened to be then dead. When the fund given to legatees, by the description of 'family,' 'relations' 'next in kin,' etc., is to be divided among them either per capita or per stirpes or both per stirpes et capita. Where the testator gives a legacy to his relations generally, if his next of kin be related to him in equal degree, as brothers, there being no children of a deceased brother, the brothers will divide the fund among them in equal shares or per capita; each being entitled in his own right to an equal share. Where a bequest is to relations, etc., those persons only who are next of kin are entitled and the statute of distributions is adopted, not only to ascertain the persons who take, but also the proportions and manner in which the property is to be divided; the will being silent upon the subject, if the next of kin of the person described be not related to him in equal degree, those most remote can only claim per stirpes or in right of those who would have been entitled under the statute if they had been living. Hence it appears that taking per stirpes always supposes an inequality in relationship. For example, where a testator bequeaths a legacy to his 'relations,' or 'next of kin,' and leaves at his death two children and three grandchildren, the children of a deceased child; the grandchildren would take their parents' share, that is, one-third per stirpes under the statute, as representing their deceased parent. Where a testator bequeaths personal estate to several persons as tenants in common, with a declaration that upon all or any of their deaths before a particular time, their respective shares shall be equally divided among the issue or descendants of each of them and they die before the arrival of the period, some leaving children, others grandchildren and great grandchildren and other grandchildren and more remote descendants in such case the issue of each deceased person will take their parents share per stirpes; and such issue, whether children only or children and grandchildren, etc., will divide each parent's share among them equally per capita. The Effect Of A Mistake In The Names Of Legatees. Go to Legatee5 |
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