legacy 音标拼音: [l'ɛgəsi]
n . 祖先传下来之物,遗赠物
祖先传下来之物,遗赠物
legacy n 1 : (
law )
a gift of personal property by will [
synonym : {
bequest },
{
legacy }]
Legacy \
Leg "
a *
cy \ (
l [
e ^]
g "[.
a ]*
s [
y ^]),
n .;
pl . {
Legacies }
(-
s [
i ^]
z ). [
L . (
assumed )
legatia ,
for legatum ,
from legare to appoint by last will ,
to bequeath as a legacy ,
to depute :
cf .
OF .
legat legacy .
See {
Legate }.]
1 .
A gift of property by will ,
esp .
of money or personal property ;
a bequest .
Also Fig .;
as ,
a legacy of dishonor or disease .
[
1913 Webster ]
2 .
A business with which one is intrusted by another ;
a commission ; --
obsolete ,
except in the phrases last legacy ,
dying legacy ,
and the like .
[
1913 Webster ]
My legacy and message wherefore I am sent into the world . --
Tyndale .
[
1913 Webster ]
He came and told his legacy . --
Chapman .
[
1913 Webster ]
{
Legacy duty },
a tax paid to government on legacies .
--
Wharton .
{
Legacy hunter },
one who flatters and courts any one for the sake of a legacy .
[
1913 Webster ]
60 Moby Thesaurus words for "
legacy ":
attested copy ,
bequeathal ,
bequest ,
birthright ,
borough -
English ,
by -
product ,
codicil ,
coheirship ,
consequence ,
consequent ,
coparcenary ,
corollary ,
derivation ,
derivative ,
development ,
devise ,
distillate ,
effect ,
entail ,
event ,
eventuality ,
eventuation ,
fruit ,
gavelkind ,
harvest ,
heirloom ,
heirship ,
hereditament ,
heritable ,
heritage ,
heritance ,
incorporeal hereditament ,
inheritance ,
issue ,
law of succession ,
line of succession ,
logical outcome ,
mode of succession ,
offshoot ,
offspring ,
outcome ,
outgrowth ,
patrimony ,
postremogeniture ,
precipitate ,
primogeniture ,
probate ,
product ,
result ,
resultant ,
reversion ,
sequel ,
sequela ,
sequence ,
sequent ,
succession ,
testament ,
ultimogeniture ,
upshot ,
will {
legacy system }
LEGACY .
A bequest or gift of goods or chattels by testament .
2 Bl .
Com .
512 ;
Bac .
Abr .
Legacies ,
A .
See Merlin ,
Repertoire ,
mot Legs ,
s .
1 ;
Swinb .
17 ;
Domat ,
liv .
4 ,
t .
2 ,
Sec .
1 ,
n .
1 .
This word ,
though properly applicable to bequests of personal estate only ,
has nevertheless been extended to property not technically within its import ,
in order to effectuate the intention of the testator ,
so as to include real property and annuities .
5 T .
R .
716 ;
1 Burr .
268 ;
7 Ves .
522 ;
Id .
391 ;
2 Cain .
R .
345 .
Devise is the term more properly applied to gifts of real estate .
Godolph .
271 .
2 .
As the testator is presumed at the time of making his will to be inops concilii ,
his intention is to ,
be sought for ,
and any words which manifest the intention to give or create a legacy ,
are sufficient .
Godolph .
281 ,
pt .
3 ,
c .
22 ,
s .
21 ;
Com .
Dig .
Chancery ,
3 Y 4 ;
Bac .
Abr .
Legacies ,
B 1 .
3 .
Legacies are of different kinds ;
they may be considered as general ,
specific ,
and residuary .
1 .
A legacy is general ,
when it is so given as not to amount to a bequest of a specific part of a testator '
s personal estate ;
as of a sum of money generally ,
or out of the testator '
s personal estate ,
or the like .
1 Rop .
Leg .
256 ;
Lown .
Leg .
10 .
A general legacy is relative to the testator '
s death ;
it is a bequest of such a sum or such a thing at that time ,
or a direction to the executors ,
if such a thing be not in the testator '
s possession at that time ,
to procure it for the legatee .
Cas .
Temp .
Talb .
227 ;
Amb .
57 ;
4 Ves .
jr .
675 ;
7 Ves .
jr .
399 .
4 .-
2 .
A specific legacy is a bequest of a particular thing ,
or money specified and distinguished from all other things of the same kind ;
as of a particular horse ,
a particular piece of plate ,
a particular term of years ,
and the like ,
which would vest immediately ,
with the assent of the executor .
1 Rop .
Leg .
149 ;
Lownd .
Leg .
10 ,
11 ;
1 Atk .
415 .
A specific legacy has relation to the time of making the will ;
it is a bequest of some particular thing in the testator '
s possession at that time ,
if such a thing should be in the testator '
s possession at the time of his death .
If it should not be in the testator '
s possession ,
the legatee has no claim .
There are legacies of quantity in the nature of specific legacies ,
as of so much money with reference to a particular fund for their payment .
Touchs .
433 ;
Amb .
310 ;
4 Ves .
565 ;
3 Ves . &
Bea .
5 .
5 .
This kind of legacy is so far general ,
and differs so much in effect from a specific one ,
that if the funds be called in or fail ,
the legatees will not be deprived of their legacies ,
but be permitted to receive them out of the general assets ;
yet the legacies are go far specific ,
that they will not be liable to abate with general legacies upon a deficiency of assets .
2 Ves .
jr .
640 ;
5 Ves .
jr .
206 ;
1 Mer .
R .
178 .
6 .-
3 .
A residuary legacy is a bequest of all the testator '
s personal estate ,
not otherwise effectually disposed of by his will .
Lown .
Leg ,
10 ;
Bac .
Abr .
Legacies ,
I .
7 .
As to the interest given ,
legacies may be considered ,
as absolute ,
for life ,
or in remainder .
1 .
A legacy is absolute ,
when it is given without condition ,
and is to vest immediately .
See 2 Vern .
181 ;
Ambl .
750 ;
19 Ves .
86 ;
Lownd .
151 ;
2 Vern .
430 ;
1 Vern .
254 ;
5 Ves .
461 ;
Com .
Dig .
Appendix ,
Chancery IX .
8 .-
2 .
A legacy for life is sometimes given ,
with an executory limitation after the death of the tenant for life to another person ;
in this case ,
the tenant for life is entitled to the possession of the legacy ,
but when it is of specific article '
s ,
the first legatee must sign and deliver to the second ,
an inventory of the chattels expressing that they are in his custody for life only ,
and that afterwards they are to be delivered and remain to the use and benefit of the second legatee .
3 P .
Wms .
336 ;
1 Atk .
471 ;
2 Atk .
82 ;
1 Bro .
C .
C .
279 ;
2 Vern .
249 .
See 1 Rop .
Leg .
404 ,
5 ,
580 .
It seems that a bequest for life ,
if specific of things quo ipso usu consumuntur ,
is a gift of the property ,
and that there cannot be a limitation over ,
after a life interest in such articles .
3 Meriv .
194 .
9 .-
8 .
In personal property there cannot be a remainder in the strict sense of the word ,
and therefore every future bequest of personal property ,
whether it be preceded or not by any particular bequest ,
or limited on a certain or uncertain event ,
is an executory bequest ,
and falls under the rules by which that mode of limitation is regulated .
Fearne ,
Cont .
R .
401 ,
n .
An executory bequest cannot be prevented or destroyed by any alteration whatsoever ,
in the estate ,
out of which ,
or after ,
which it is limited .
Id .
421 ;
8 Co .
96 ,
a ;
10 Co .
476 .
And this privilege of executory bequests ,
which exempts them from being barred or destroyed ,
is the foundation of an invariable rule ,
that the event on which an interest of this sort is permitted to take effect ,
is such as must happen within a life or lives in being ,
and twenty -
one years ,
and the fraction of another year ,
allowing for the period of gestation afterwards .
Fearne ,
Cont .
R .
431 .
10 .
As to the right acquired by the legatee ,
legacies may be considered as vested and contingent .
1 .
A vested legacy is one ;,
by which a certain interest ,
either present or future in possession ,
passes to the legatee .
2 .
A contingent legacy is one which is so given to a person ,
that it is uncertain whether any interest will ever vest in him .
11 .
A legacy may be lost by abatement ,
ademption ,
and lapse .
I .
Abatement ,
see Abatement of Legacies .
2 .
Ademption ,
see ,
Ademption .
3 .
When the legatee dies before the testator ,
or before the condition upon which the legacy is given be performed ,
or before the time at which it is directed to vest in interest have arrived ,
the legacy is lapsed or extinguished .
See Bac .
Abr .
Legacies ,
E ;
Com .
Dig .
Chancery ,
3 Y .
13 ;
1 P .
Wms .
83 ;
Lownd .
Leg .
ch .
12 ,
p .
408 to 415 ;
1 Rop .
Leg .
ch .
8 ,
p .
319 to 341 .
12 .
In Pennsylvania ,
by legislative enactment ,
no legacy in favor of a child or other lineal descendant of any testator ,
shall be deemed or held to lapse or become void ,
by reason of the decease of such devisee or legatee ,
in the lifetime of the testator ,
if such devisee or legatee shall leave issue surviving the testator ,
but such devise or legacy shall be good and available ,
in favor of such surviving issue ,
with like effect ,
as if such devisee or legatee had survived the testator .
The testator may however ,
intentionally exclude such surviving issue ,
or any of them .
Act of March 19 ,
1810 ,
5 Smith '
s L .
of Pa .
112 .
13 .
As to the payment of legacies ,
it is proper to consider out of what fund they are to be paid ;
at what time ;
and to whom .
1 .
It is a general rule ,
that the personal estate is the primary fund for the payment of legacies .
When the real estate is merely charged with those demands ,
the personal assets are to be applied in the first place towards their liquidation .
1 Serg . &
Rawle ,
453 ;
1 Rop .
Leg .
463 .
14 .-
2 .
When legacies are given generally to persons under no disability to receive them ,
the payments ought to be made at the end of a year next after the testator '
s decease .
5 Binn .
475 .
The executor is not obliged to pay them sooner although the testator may have directed them to be discharged within six months after his death ,
because the law allows the executor one year from the demise of the testator ,
to ascertain and settle his testator '
s affairs ;
and it presumes that at the expiration of that period ,
and not before ,
all debts due by the estate have been satisfied ,
and the executor to be then able ,
properly to apply the residue among the legatees according to their several rights and interests .
15 .
When a legacy is given generally ,
and is subject to a limitation over upon a subsequent event ,
the divesting contingency will not prevent the legatee from receiving his legacy at the end of the year after the testator '
s death ,
and he is under no obligation to give security for repayment of the money ,
in case the event shall happen .
The principle seems to be ,
that as the testator has entrusted him without requiring security ,
no person has authority to require it .
1 Ves .
Jr .
97 ;
18 Ves .
131 ;
Lownd .
on Legacies ,
403 .
16 .
As to the persons to whom payment to be made ,
see ,
where the legacy is given to an infant 1 Rop .
Leg .
589 ;
1 P .
Wms .
285 ;
1 Eq .
Cas .
Abr .
300 ;
3 Bro .
C .
C .
97 ,
edit .
by Belt ;
2 Atk .
80 ;
2 Johns .
C .
R .
614 ;
where the legacy is given to a married woman ;
1 Rop .
Leg .
595 ;
Lownd .
Leg 399 ;
where the legacy is given to a lunatic ,
1 Rop .
Leg .
599 ;
where it is given to a bankrupt ;
Id .
600 ;
2 Burr .
717 .;
where it is given to a person abroad ,
who has not been heard of for a long time .
Id .
601 Finch ,
R .
419 ;
3 Bro .
C .
C .
510 ;
5 Ves .
458 ;
Lownd .
Leg .
398 .
See ,
generally ,
as to legacies ;
Roper on Legacies ;
Lowndes on Legacies ;
Bac .
Abr .
Legacy ;
Com .
Dig .
Administration ,
C 3 ,
5 ;
Id .
Chancery ,
3 A ;
3 G ;
8 Y 1 ;
Id .
Prohibition ,
G 17 ;
Vin .
Abr .
Devise ;
Id .
Executor ;
Swinb .
17 to 44 ;
2 Salk .
414 to 416 .
17 .
By the Civil Code of Louisiana ,
legacies are divided into universal legacies ,
legacies under an universal title ,
and particular legacies .
1 .
An universal legacy is a testamentary disposition ,
by which the testator gives to one or several persons the whole of the property which he leaves ;
at his decease .
Civ .
Code of Lo .
art .
1599 .
18 .-
2 .
The legacy under an universal title ,
is that by which a testator bequeaths a certain proportion of the effects of which the law permits him to dispose ,
as a half ,
a third ,
or all his immovables ,
or all his movables ,
or a fixed proportion of all his immovables ,
or of all his movables .
Id .
1604 .
19 .-
3 .
Every legacy not included in the definition given of universal legacies ,
and legacies under a universal title ,
is a legacy under a particular title .
Id .
1618 .
Copied from Code Civ .
art .
1003 and 1010 .
See Toullier ,
Droit Civil Francais ,
tome 5 ,
p .
482 ,
et seq .
LEGACY ,
ADDITIONAL .
An additional legacy is one which is given by a codicil ,
besides one before given by the will ;
or it is an increase by a codicil of a legacy before given by the will .
An additional legacy is generally subject to the same qualities and conditions as the original legacy .
6 .
Mod .
31 ;
2 Ves .
jr .
449 ;
3 Mer .
154 ;
Ward on Leg .
142 .
LEGACY ,
ALTERNATIVE .
One where the testator gives one of two things to the legatee without designating which of them ;
as ,
one of my two horses .
Vide Election .
LEGACY ,
ACCUMULATIVE .
An accumulative legacy is a second bequest given by the same testator to the same legatee ,
whether it be of the same kind of thing ,
as money ,
or whether it be of different things ,
as ,
one hundred dollars ,
in one legacy ,
and a thousand dollars in another ,
or whether the sums are equal or whether the legacies are of a different nature .
2 Rop .
Leg .
19 .
LEGACY ,
CONDITIONAL .
A bequest which is to take effect upon the happening or ,
not happening of a certain event .
Lownd .
Leg .
166 ;
Rop .
Leg .
Index ,
tit .
Condition .
LEGACY ,
RESIDUARY .
That which is of the remainder of an estate after the payment of all the debts and other legacies .
Madd .
Ch .
P .
284 .
LEGACY ,
DEMONSTRATIVE .
A demonstrative legacy is a bequest of a certain sum of money ;
intended for the legatee at all events ,
with a fund particularly referred to for its payment ;
so that if the estate be not the testator '
s property at his death ,
the legacy will not fail :
but be payable out of general assets .
1 Rop .
Leg .
153 ;
Lownd .
Leg 85 ;
Swinb .
485 ;
Ward on Leg .
370 .
LEGACY ,
INDEFINITE .
A bequest of things which are not enumerated or ascertained as to numbers or quantities ;
as ,
a bequest by a testator of all his goods ,
all his stocks in the funds .
Lownd .
on Leg .
84 ;
Swinb .
485 ;
Amb .
641 ;
1 P .
Wms .
697 .
LEGACY ,
LAPSED .
A legacy is said to be lapsed or extinguished ,
when the legatee dies before the testator ,
or before the condition upon which the legacy is given has been performed ,
or before the time at which it is directed to vest in interest has arrived .
Bac .
Ab .
Legacy ,
E ;
Com .
Dig .
Chancery ,
3 Y 13 ;
1 P .
Wms .
83 .
Lownd .
Leg .
408 to 415 ;
1 Rop .
Leg .
319 to 341 .
See ,
as to the law of Pennsylvania in favor of lineal descendants ,
5 Smith '
s Laws of Pa .
112 .
Vide ,
generally ,
8 Com .
Dig .
502 -
3 ;
5 Toull .
n .
671 .
LEGACY ,
M0DAL .
A modal legacy is a bequest accompanied with directions as to the mode in which it should be applied for the legatee '
s benefit ;
for example ,
a legacy to Titius to put him an apprentice .
2 Vern .
431 ;
Lownd .
Leg .
151 .
LEGACY ,
PECUNIARY ,
A pecuniary legacy is one of money ;
pecuniary legacies are most usually general legacies ,
but there may be a specific pecuniary legacy ;
for example ,
of the money in a certain bag .
1 Rop .
Leg .
150 ,
n .
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