| 词汇 | Legacy2 |
| 释义 | `1`Legacy2 `2` "Legal Lexicon": A legacy may be lost by abatement, ademption and lapse. When the legatee dies before the testator or before the condition upon which the legacy is given be performed or before the time at which it is directed to vest in interest have arrived, the legacy is lapsed or extinguished. As to the payment of legacies, it is proper to consider out of what fund they are to be paid; at what time; and to whom. It is a general rule that the personal estate is the primary fund for the payment of legacies. When the real estate is merely charged with those demands, the personal assets are to be applied in the first place towards their liquidation. When legacies are given generally to persons under no disability to receive them the payments ought to be made at the end of a year next after the testator's decease. The executor is not obliged to pay them sooner although the testator may have directed them to be discharged within six months after his death, because the law allows the executor one year from the demise of the testator, to ascertain and settle his testator's affairs; and it presumes that at the expiration of that period and not before, all debts due by the estate have been satisfied and the executor to be then able, properly, to apply the residue among the legatees according to their several rights and interests. The legacy under an universal title is that by which a testator bequeaths a certain proportion of the effects of which the law permits him to dispose; e.g., a half, a third, all his immovables or all his movables, or a fixed proportion of all his immovables or of all his movables. Every legacy not included in the definition given of universal legacies and legacies under a universal title is a legacy under a particular title. --b-- |
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