Smith v. Mason's Ex'or

Citations

• 89 Va. 713
• 17 S.E. 3
• 1893 Va. LEXIS 92

Syllabus

<p>1. Legacies—Personally.—The personalty is the only fund liable to the payment of legacies, unless they are charged upon the realty by express direction or necessary implication.</p> <p>2. AVills—Legacy—Real estate—Case, at bar.-—By second clause of his will, testator directed that one thousand dollars out of his personal estate be paid, within not more than one year after his decease, to his cousin. By a codicil, he mentioned five flve-hundred-dollar railroad bonds, out of which the executor was empowered to pay the legacy. By third clause, he directed all his real and personal estate to be ' sold, and the proceeds invested for certain purposes. Before his death, testator disposed of the bonds, and invested the proceeds in real estate. The personal estate was exhausted in the payment of his debts.</p> <p>Held :</p> <p>The legacy was not charged upen and payable out of His real estate.</p>