Lee v. Lee

Citations

• 88 Va. 805
• 14 S.E. 534
• 1892 Va. LEXIS 34

Syllabus

<p>1. Legacies— Land — Intention—Abatement.—Testator may charge legacies on land expressly or by implication, but the intention must be clear. Where land is not so charged, and there is a deficiency of personalty, the legacies must abate to the extent of such deficiency.</p> <p>2. Wills — Construction — Legacies—Charges—Case at bar. — Testator by will had given one of his sons a tract of land. Since making- the will, the house on the land had been destroyed by fire. By codicil he then bequeathed to that son, “ out of any money due and belonging to my estate,” a sum to rebuild the house; ,</p> <p>Held :</p> <p>The legacy was not a charge upon any of testator’s lands.</p> <p>3. Ideji — Residuary clause — Where by the clauses of the will prior to the residuary clause, which provides that the remainder of the estate, real and personal, be equally divided, &e., no general legacies, but only specific devises, are given;</p> <p>•Held :</p> <p>Testator meant the residue after deducting what had been specifically given, and not the residue after the payment of the general legacies.</p>