Cebrian v. De Laveaga

Citations

• 119 Cal. 651
• 51 P. 1074
• 1898 Cal. LEXIS 691

Syllabus

<p>Constbuction of Will—Substituted Legacy—Incidents and Limitations of Obiginad Legacy—Death of Legatee—Codicil—Refebence to Obiginal Bequest.—One of the rules for the construction of a will is that a substituted or additional legacy, although not so expressed in «the testamentary instrument, is prima facie payable out of the same funds and subject to the same incidents and conditions as is the original legacy, irrespective of whether the result is or is not advantageous to the legatee; and this rule is to be applied where a legacy lapsed through the death of the legatee prior to the death of the testator, is bequeathed to a substituted legatee, in a codicil, if nothing appears from the language used in the codicil, or from the application of other recognized rules for the construction of wills, to indicate that the testator intended a substantive and independent bequest; and where the amount of the legacy is not specified in the codicil, otherwise than by reference to the original will, it cannot be so considered. ■</p> <p>Id.—Lapse oe Time Immatebiad—Legacy Payable out op Pabticulab Pbopebty.—The rights of a substituted legatee named in a codicil are not enlarged by lapse of time after the execution of the will establishing the original legacy; and where the original legacy is payable only out of the proceeds of sale of a particular piece of land, the substituted legatee is limited by the condition attached to the original legacy, notwithstanding the lapse of several years between the execution of the will and that of the codicil.</p> <p>Id.—Revocation op Life Estate Bequeathed to 'Substituted Legatee.— The fact that a life estate in another parcel of land, before devised to the substituted legatee, was revoked, and devised to another person, cannot affect or enlarge the rights of the substituted legatee, where the language used does not indicate that the legacy was given in lieu of the life estate.</p>