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On another Species of Legacies,[1] viz.
If nothing has been imposed on some of the heirs,[2] and something has been imposed on others; the legacy amounting to more than one-third. It must be known, that the law for such a case is, that if more than one-third of the legacy has been imposed on one of the heirs, this enters into his share; but that also those on whom nothing has been imposed must, nevertheless, contribute one-third.
Example: “A woman dies, leaving her husband, a son, and her mother. She bequeaths to a person two-fifths, and to another one-fourth of her capital. She imposes the two legacies together on her son, and on her mother one moiety (of the mother’s share of the residue); on her husband she imposes nothing but one-third, (which he must contribute, according to the
- ↑ The problems in this chapter may be considered as belonging rather to Law than to Algebra, as they contain little more than enunciations of the law of inheritance in certain complicated cases.
- ↑ If some heirs are, by a testator, charged with payment of bequests, and other heirs are not charged with payment of any bequests whatever: if one bequest exceeds in amount d of the testator’s whole property; and if one of his heirs is charged with payment of more than d of such bequest; then, whatever share of the residue such heir is entitled to receive, the like share must he pay of the bequest wherewith he is charged, and those heirs whom the testator has not charged with any payment, must each contribute towards paying the bequests a third part of their several shares of the residue.
