Brown v. Brown

Citations

• 79 Va. 648
• 1884 Va. LEXIS 126

Syllabus

<p>1. Legacies—Abatement.—If abatement of general legacies is necessary to pay debts and specific legacies, the rule is, that where all stand on same footing the abatement must be on all fro rata. But if a legatee has relinquished any right in consideration of his or her legacy, such as dower, or distributive share, such legatee has preference over mere volunteers, and this, too, even if value of legacy exceeds value of right relinquished.</p> <p>2. Idem—Personal Decrees.—Legatee may take legacy and pay testators debts, or decline legacy and avoid the debts. Decree must be in the alternative, and not personal against legatee for the debts.</p>