Allen v. Patton

Citations

• 83 Va. 255
• 2 S.E. 143
• 1887 Va. LEXIS 61

Syllabus

<p>1. Wills- Construction-Devisees-Legatees- Contribution.- Legatees have no right to call upon devisee to contribute to the payment of their legacies, unless the real estate devised be expressly charged.</p> <p>2. Idem-Case at bar.-A., by will, required P., his devisee and executor, to pay his fifteen named slaves three thousand dollars. By codicil, A. directs P. to pay the three thousand dollars out of any surplus he might have, without interfering with the other provisions of the will&emdash;</p> <p>Held :</p> <p>The legacy was not charged on the real estate, but on the surplus after satisfying the other provisions of the will. There being no surplus, the legacy failed.</p>