Page:Black's Law Dictionary (Second Edition).djvu/716

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LEGACY

legacy is payable, the hequest is said to lapse, as it then falls into the rs-sidunry fund of the cst:ite.—Modal legacy. A bequest accompanied by directions as to the mode or manner in which it shall be applied for the leg.il.ees bincfit, e. (1., o lo ocy to A. to hiiy him a house or a ('4|l:l'||'nlSSl0n in the aimy. See Lown. Leg. l51.—Pecuniary legacy. A bequest of a sum of money, or of an annuity. It may or may not specify the fund from which it is to be di-nwn, it is not the less a pecuniary lega- cy if lt compiises the specific pieces of money in a designated reccptnc , as a purse or chest. See Humphrey v. Robinson, 52 Hun, 200. 5 .\. Y. Supp. 1(‘r1; Lung v. Iiopke, 10 N. Y. Leg. Obs. . Mathis v. Mathis, 18 N. J. Law. 6G.—Residuury legacy. A bequest of all the tcstntors personal estate not otherwise elfcclually disposed of by his will: a hequest of "all the rest. residue, and reniainder" of the personal property after payment of debts and sa1i.~f.iLlinn of the particular legacies. See In re Williams‘ Estate, 112 Cal. mi, 44 Pac S08, 53 Am. SL Rep 224: Ch. Corie Cal. 1903. I 1357. subd. 4,—Specia1 legacy. A “specific legacy" (q. 1:.) is sometimes so called._—_ Specific legacy. A legacy or gift by will of a particular specified thing, as of a horse, a piece of furniture, a term of years, and the like. l\[ori-iss v. Garland, 78 Va. 222. In a strict sense. a legacy of a particular chattel, which is specified and disfinguished from all other chatteis of the tcstator of the same kind; as of a horse of a certain color. A legacy of a quantity of chattels described collectlvelv: as :1 ,-ziit of all the tcstator's pictures. Ward, I.e-.3. 16-18. A legacy is general, where its amount or value is a charge upon the general assets in the bands of the executors, and where, if these are sufficient to meet all the provisions in the will, it must be satisfied: it is specific, when it is limited to a particular thing. sub- ject, or chose in action. so identified as to render the bequest inapplicable to any other; as the bequest of a horsc, a picture, or jewel, or a debt due from a person named, and. in special cases. even of a sum of mnnnv. Langdon v. Astor, 3 Duer (N. Y.) 477. 5-1-'3.—Trust legacy. A bequest of personal property to trustees to be held upon trust: as, to pay the annual icnome to a beneficiary for life..—'Universal. legacy. In the civil law. A testamentary dispusition by which the testator gives to one or SeV|‘l'i|i persons the whole of the property which he leaves at his decease. Civ. Code La. 1900, art. 1liUG.—Legacy duty. A duty imposed in England upon personal property (other than leascholds) devolving under any will or intestacy. Brown.

LEGAL. 1. Conforming to the law; according to law; required or permitted by iiw; not forbidden or discountenanced by law, good and effectual in law.

2. Propel or sufficient to be recognized by the law; cogulznble in the courts; competent or adequate to fuifili the requirements of the 13W.

3. Cogalzable in courts of law, as distin- guished from courts of equity; construed or governed by the rules and principles of law, in contraaiistlnction to rules of equity.

4. Posited by the courts as the inference or imputation or the law, as a matter of construction, rather than establlshed by actual proof; 2. 9.. legal maiite. See LAWFUL.

As to icgai "A,-ze." “Assets," "*(bnsiileration," "Cruelty," “Damages," “Da_v." "Debts," "Deinnnd." “Defense," “Disability “Discretion," "Duty," "Estate," “l1‘.videuce," “Erand,"

7 OS

LEGATES

“l1eirs," “Holiday," “Iiicapncity," “Interest.” “li-regularity," "Malice," "lllemory," “Mort~ gage," "Negligence," "Notice," “Pruceed‘mgs," “1’rocess," “1ielevnncy," "Remedy." “Representntire," "Reversion," “Suhrogatiou." and “Tender," see those titles.

LEGALIS HOMO. Lat. A iau ful man; I]. person who stands redus in amid; :1 lim- son not outlawed, excomiiiuiiiciited, or in- fainuiis. It occuis in the phrase, "prabi et legulea homiues," (good and lzmful men, competent jurors.) and "legality" designates the condition or such I]. man. Jacob.

Ll-IGALIS MONETA ANG-LIE}. Lawful money of England. 1 Inst. 207.

LEGALITY, or LEGALNESS. Lawful- ness.

LEGALIZATION. The act of legalizing or lD.IiIillg legal or lawful. See Lncauzn.

LEGALIZE. To make legal or lawful;

to confirm or validate “hat was before void or unlawful; to add the sanction and authority of law to that which before was without or against law. —Legalized nuisance. A structure, erection, or other thing which would constitute a nuis- ance at common law, but which cannot be ob- jected to by private persons because constructed or maintained under direct and sufficient legislative authority. Such, for example, are hospitais and pestliouscs maintained by citits. .‘i_ee Baltimore v. Fairfield Imp. Co.. 87 Md. 3.»), 39 Atl. 1081, 40 L. R. A. 494. 67 Am. st. Rep. 344.

LEGALLY. Lawfully; according to law.

LEGANTINE CONSTITUTIDNS. The name of a code of eccleslastitml laws, eu- acted in national syuods, held under legmes from Pope Gregory IX, and Clement IV.. in the reign of Henry III., about the years 1220 and 1268. 1 Bl. Comm. B3.

LEGARE. Lat. In the civil and old English law. To hcqueath; to ieuve or glve by will; to give in anticipation of death. In Scotch phrase. to leyate.

LEGATARIUS. Lat. In the civil law. One to whom a thing is bequeathed; a leg- atee or legatary. Inst. 2. 20. 2. 4, 5, 10; Brnct. fol. -10.

In old European law. get, or envoy. Speinian.

A legatc, meen-

LEGATEE. The person to whom :1 leg- acy is given. See LEGACY. —Residuary legatee. The person to whom I tostalor bequenths the residue of his personal estate, after the payment of such other lega- cies as are specifically mentioned in the W_lii. Probate Court v. Matthews, 6 Vt. 274; Laing Barbour, 119 Mass. 5 ; Lzilferty v. Pen- Suv. Bank, 76 Mich. 5, 43 N. W. 34.

Ll-JGATES. Nuncios, deputies or extraordinary ambassadors seut by the pope to he