Morriss v. Garland's Adm'r

Citations

• 78 Va. 215
• 1883 Va. LEXIS 31

Syllabus

<p>1. Wills—Legacies—Construction.—A legacy will not be held to be specific unless the intention in the will to make it so be clear. See Cor-bin v. Mills, 19 Gratt. 438.</p> <p>2. Idem—Specific legacies.—A specific legacy is the bequest of a particular thing or money, specified and distinguished from all others of the same kind, which would at once vest with the assent of the executor; it is a part of the testator’s property itself, is a sacred and distinguished part of the whole of his property, and is liable to ademption.</p> <p>3. Idem—Demonstrative legacies.—A demonstrative legacy is one of quantity, with a particular fund pointed out for its satisfaction. It is so far general that if the fund be called in, or fail, the legatee will not be deprived of his legacy, but will receive it out of the'general assets. It is so far specific that it is not liable to abate with general legacies upon a deficiency of assets.</p> <p>4. Idem—Widow's renunciation of will—Case at bar.—G died possessing large estate; consisting in part of about $350,000 of stocks and corporate bonds. By fifth clause of will he provides : “I will and direct my executors to set apart $50,000 worth, at par value, of my bank and other paying stocks and corporate bonds, paying at least six per cent, per annum, the interest or dividends whereof must be paid to my wife half yearly during her natural life, to be used as her own without accountability on her part. At her death the stocks, bonds, &c., to pass to C Y M in trust for the use of his wife, E B M, and her children, as separate estate.” He left a widow, but no children. The widow renounced the will.</p> <p>Held :</p> <p>1. The legacy given by this clause to the 'widow for life, and to M and her children after widow’s death, is demonstrative, not specific. '</p> <p>2. Widow’s renunciation of will gave her no right to one-half of any specific stocks or bonds as her absolute property. It gave her one-half, in value, of the surplus of the personal est