1176 G ENE RAL PRO- VI SIO NS RELAT- ING TO WILLS . Nature and designa- tion of legacies . Specific . Demonstrative . Annuity . Residuary. General . Post, p. 1177. Order of tale debts .resort to es- SEC . 385 . ORDER OF RESORT TO EST ATE FOR DEBTS .Th e pr oper ty of for a testator, except as otherwise specially provided in this code an the Code of Civil Procedure, must be resorted to for the payment of debts, in the f ollowing order (1) The property which is expressly appropriated by the will for the payment of the debts ; 2) Property not disposed : of by the will ; (3) Property which is devised or bequeathed to a residuary legatee ; (4) Property which is not specifically devised or bequeathed, and, (5) All other property ratably . Before any debts are paid, the expenses of the administration and the allowance to the family must be aid or provided for . SEE . 386. SAn1E FOR LEGACIES.-The property of a testator, except as otherwise specially provided in this code and the Code of Civil Procedure, must be resorted to for the payment of legacies, in the following order : (1) The property which is expressly appropriated by the will for the payment of the legacies . (2 Property not disposed of by the will . (3) Property which is devised or bequeathed to a residuary lega tee . (4) Property which is specifically devised or bequeathed . Legacies . Post, p .1177. Abatement . Specific legacies . 72d C ONGRESS. SESS . II. CH. 128. FEBRUARY 27, 1933 . CHAP TER 25 .-GENERAL PROV ISIONS RELATING TO WILL S SEC. 384. NATURE AND DE SIGN ATI ON OF LEGACIES .-Legacies are distinguished and designated, according to their nature, as follows 1. A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific ; if such legacy fails, resort can not be had to the other property of the testator ; 2. A legacy is demonstrative when the particular fund or personal property is pointed out from which it is to be taken or paid ; if such fund or property fails, in whole or in part, resort may be had to the general assets, as in case of a general legacy
3 . An annuity is a bequest of certain specified sums periodically ; if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy ; 4 . A residuary legacy embraces only that which remains after all the bequests of the will are discharged ; 5 . All other legacies are general legacies . CHOSE REFERENCE Legacy and annuities, when due, see section 393. CHOSE REFERENCE Payment of legacies, when legacies are due, see section 395 . Lega cies, how charged
EC . 387 . LEGACIES, HOW CH ARG ED WITH D EBTS .-Legacies to hus- band , wi dow, or kin dred of any class are chargeable onl y after legacies to persons not related to the testator . SEC. 388 . ARATEMENT.--Abatement takes place in any class only as between legacies of that class, unless a different intention is expressed in the will . SEC . 389 . SPECIFIC LEGACIES .-In a specific legacy, the title passes by the will, but possession can only be obtained from the personal
