Sykes v. Van Bibber

Citations

• 88 Md. 98
• 41 A. 117
• 1898 Md. LEXIS 191

Syllabus

<p>Devise and Legacy — Bequest of Residue of Indefinite Sum after Bequests of Definite Portions — Abatement of. Legacy.</p> <p>Where definite portions of an indefinite amount of money are given by will to four persons and then the residue of that indefinite sum is given to a fifth person, the word residue is to be taken in its ordinary sense, and in the event of a deficiency of assets, the definite legacies do not abate in favor of the legatee of the residue, but the same are entitled to prirority.</p> <p>A testator bequeathed $30,000 to a trustee for the benefit of his nephew and provided that if the nephew should die under the age of twenty-five, without issue, then $5,000 should be paid to each of four designated persons and the residue to Mrs. V. By another clause of the will the residue of the testator’s estate, after payment of legacies, was divided equally between the testator’s nephew and Mrs. V., the share of the nephew to be held in trust under the same terms as the legacy of $30,000. Testator’s nephew died under the age of twenty-five and without issue. The estate was insufficient for the payment of all legacies in full and there was nothing payable under the residuary clause of the will. Held, that it was not the intention of the testator to divide the $30,000 upon the death of his nephew into aliquot parts and give to Mrs. V. two-sixths of the whole, but that the legacies of $5,000 each are entitled to priority and should be paid without abatement in favor of the legatee of the residue of the sum of $30,000.</p>