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Russell, 127 Ala

Categories: Property

Definition (1910 Edition)

195, 28 South, 703; Rubencane v. McKee, 6 Del. Ch. 40, 6 Atl. —_ Cumulative legacies. These are legacies ro called to distinguish them from legacies which are merely repeated. In the construction of testamentary instruments, the question often arises whether, where a testator has twice bequeathed a legacy to the same person. the legatee is entitled to both, or only to one of them; in other words, whether the second aed must be considered as a mere repetition of the first, or as cumulative, c. c., additional. this question, the intention of f it appears on the face of the instrument, prevails. Wharton—Demonstrative legacy. <A bequest of a certain sum of money, with a directicn that it shall be paid out of a particular fund. It differs from a specific legacy in this respect: that, if the fund out of which it is payable fails for any cause, it Is nevertheless entitled to come on the estate as a general legacy. And it differs from a general legacy in this: that it does not abate in that class, but in the class of specific legacies.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.