Chapter I: Preface

The utility of a little work of this kind is so obvious, that it needs no other setting forth than that given in the introductory observations with which it opens. It professes only to be a cautious guide, to make men acquainted with their rights, and not a professional assistant to obtain them; for it has ever been the author’s opinion, that there would be less litigation and distrust if there were more knowledge, and more probity if there were more intelligence. A difference rightly explained is half settled, and a mind enlightened is a mind directed as well as sustained; and if the few following pages should make any of the community better informed as to their claims and position, with respect to their deceased relatives, he feels that he will have saved them, and those with whom they have to do, not a little trouble, and perhaps unpleasantry; and that he has contributed to the good-will as well as the information of his readers.

CONTENTS.

PAGE

CHAPTER I. 1

Introduction.--Legacies and Legatees 1

Legacies and Legatees 3

CHAPTER II. 9

The Assets 9

Real Assets 10

Personal Assets 15

Legal Assets of Choses in Action 21

Equitable Assets 23

Contingent and Dependent Assets 27

CHAPTER III. 35

Marshalling of the Assets 35

CHAPTER IV. 43

Legacies.--General, Specific, Lapsed, Vested,
Demonstrative 43

General Legacies 44

Specific Legacies 45

The Vesting of Legacies 52

The Lapsing of Legacies 54

Demonstrative Legacies 56

CHAPTER V. 58

Assent to Legacies 58

Assent of the Executor 58

Nature of the Assent 61

Absolute and Conditional Assent 63

CHAPTER VI. 67

Payment of Legacies 67

The Legatees 68

To whom Legacies should be paid 73

Duty upon Legacies 80

Interest on Legacies 82

CHAPTER VII. 85

The Ademption, Cumulation, and Abatement
of Legacies 85

The Ademption of Legacies 86

Cumulation of Legacies 89

Legacies in Satisfaction of Debt 90

Abatement and Refunding of Legacies 92

CHAPTER VIII. 94

Legacies to Executors, and Legatees’ Remedies
against them 94

Legatees’ Remedy against the Executor 96

Rates of Duty payable on Legacies, Annuities &c. 97

THE

LAW OF LEGACIES.