Walters v. Young

Citations

• 12 Del. Ch. 297
• 114 A. 164
• 1921 Del. Ch. LEXIS 36

Syllabus

<p>Where legacies are given generally followed by a gift of the residue óf the estate, real, personal, and mixed, the legacies are charged upon the residuary real estate as well as the personal estate, where the latter at the date of the will is insufficient to pay the debts and legacies of the testator, and in such cases the real estate may be reached to pay the legacies, or so much thereof as the personal estate is insufficient to pay.</p> <p>In order to charge legacies upon residuary real estate, it was not necessary to show that at the date of the will the personal property of the testator was insufficient to pay his debts and legacies if such deficiency existed at the testator’s death; for a general gift of the residue of the testator’s estate imports a gift of what remains of his real and personal estate after debts and legacies are paid.</p>