A testatrix, by her will, bequeathed both general arid specific legacies, and she willed that, in case of her personal estate proving insufficient for the payment of her legacies, then the deficiency should be made up out of her real estate. By a codicil, she gave ”all my personal estate to A. C. M’. Held, that A. C. M. took the whole personal estate disbarred of the legacies ; and secondly that the general legacies still remained charged on the real estate, but that the specific legacies did not, and therefore failed.
Citations:
[1866] EngR 106, (1866) 35 Beav 607, (1866) 55 ER 1032
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 31 December 2022; Ref: scu.280817