Estate of O'Gorman

Citations

• 6 Coffey 245

Syllabus

<p>Will—Bequest of Interest in Estate—Acquisition of Interests of Other Beneficiaries.—A bequest in a will of all the testator’s “interest in the estate” of a named decedent will be construed to pass not only such interest as vested in him as a beneficiary of such estate, but also such further interests as he may have acquired in the property thereof by succession or bequest from other beneficiaries, where such estate was in process of administration at the time of the death of the testator, and his interests therein constituted the whole of the property left by him.</p> <p>Will—Specific Legacies are not Favored by the Law, and in cases of doubt legacies are held general or demonstrative, rather than specific; the reason for this is that specific legacies are not liable for the debts of the testator, and on the other hand they fail or are adeemed if the thing or fund is not in existence at the time of the death of the testator.</p> <p>Will—Specific Devise.—A devise of an interest in an estate of a deceased person is specific.</p>