KFLCC Kingdom Law 2nd Ed.

707

LECTURER

LEGACY

LECTURER. An instructor; a reader of lectures; also a clergyman who assists rect ors, etc., in preaching, etc. In mining law. This term, as used in the mining laws of the United States (Rev. St § 2322 [U. S. Comp. St. 1901, p. 1425]) and in both legal and popular usage in the western American states, is synonymous with "lode," which see. A book of accounts in which a trader enters the names of all persons with whom he has dealings; there being two par allel columns in each account one for the en tries to the debit of the person charged, the other for his credits. Into this book are posted the items from the day-book or journal. —Ledger-book. In ecclesiastical law. The name of a book kept in the prerogative courts in England. It is considered as a roll of the court, but, it seems, it cannot be read in evi dence. Bac Abr. In old English law. A lathe-reeve, or chief officer of a lathe. Spel man. LEDGE. LEDGER. LEDGREVIUS. LEET. In English law. The name of a court of criminal jurisdiction, formerly of much importance, but latterly fallen into dis use. See COTJBT-LEBT. Meetings which were appointed for the nomination or election of ecclesiastic al officers in Scotland. Cowell. LEETS. LEGACY. A bequest or gift of personal property by last will and testament Browne v. Cogswell, 5 Allen (Mass.) 557; Evans v. Price, 118 111. 593, 8 N. E. 854; Probate Court y. Matthews, 6 Vt 274; In re Karr, 2 How. Prac. N. S. (N. Y.) 409; Nye v. Grand Lodge, 9 Ind. App. 131, 36 N. E. 429; Ky. St 1903, | 467. Synonyms. "Legacy" and "bequest" are equivalent terms. But in strict common-law terminology "legacy" and "devise" do not mean the same thing "and are not interchangeable, the former being restricted to testamentary gifts of personal property, while the latter is prop erly used only in relation to real estate. But by construction the word "legacy" may be so extended as to include realty or interests there in, when this is necessary to make a statute cover its intended subject-matter or to effectu ate the purpose of a testator as expressed in his will. See In re Ross's Estate, 140 Cal. 282, 73 Pac. 976; In re Karr, 2 How. Prac. N. S. (N. Y.) 409; Bacon v. Bacon. 55 Vt. 247; Rotr's Appeal, 94 Pa. 191; Williams v. Mc Comb, 38' N. C. 455; Lasher v. Lasher, 13 LEDO. The rising water or increase of the sea. LEGA, or LACTA. The alloy of money. Spelman. LEGABILIS. In old English law. .That which may be bequeathed. CowelL

Barb. (N. Y.) 110; In re Stuart's Will, 115 Wis. 294, 91 N. W. 688; Homes v. Mitchell, 6 N. C. 230, 5 Am. Dec. 527. Classification.—Absolute legacy. On* given without condition and intended to vest immediately.—Additional legacy. One giv en to the same legatee in addition- to (and not in lieu of) another legacy given before by the same will or in a codicil thereto—Alternate legacy. One by which the testator gives one of two or more things without designating which.—Conditional legacy. One which is liable to take effect or to be defeated according to the occurrence or non-occurrence of some uncertain event. Harker v. Smith, 41 Ohio St. 238, 52 Am. Rep. 80; Markham v. Hufford, 123 Mich. 505, 82 N. W. 222, 48 L. R. A. 580, 81 Am. St, Rep. 222.—Contingent legacy. A legacy given to a person at a future uncer tain time, that may or may not arrive; as "at his age of twenty-one," or "if or "when he attains twenty-one." 2 Bl. Comm. 513; 2 Steph. Comm. 259. A legacy made dependent upon some uncertain event. 1 Rop. Leg 506. A legacy which has not vested. In re Engles' Estate. 166 Pa. 280, 31 Atl. 76; Andrews v. Russell, 127 Ala. 195, 28 South. 703; Ruben cane v. McKee, 6 Del. Ch. 40, 6 Atl. 639.— Cumulative legacies. These are legacies so called to distinguish them from legacies which are merely repeated. In the construc tion of testamentary instruments, the question often arises whether, where a testator has twice bequeathed a legacy to the same person, the legatee is entitled to both, or only to one of them; in other words, whether the second legacy must be considered as a mere repetition of the first, or as cumulative, t. e., additional. In determining this question, the intention of the testator, if it appears on the face of the instrument, prevails. Wharton.—Demonstra tive legacy. A bequest of a certain sum of money, with a direction that it shall be paid out of a particular fund. It differs from a specific legacy in this respect: that, if the fund out of which it is payable fails for any cause, it is nevertheless entitled to come on the estate as a general legacy. And it differs from a gen eral legacy in this: that it does not abate in that class, but in the class of specific legacies. Appeal of Armstrong, 63 Pa. 316; Kenaday v. Sinnott, 179 U. S. 606, 21 Sup. Ct. 233, 45 L. Ed. 339; Gilmer v. Gilmer, 42 Ala. 9; Glass v. Dunn, 17 Ohio St. 424; Crawford v. McCarthv, 159 N. Y. 514, 54 N. E. 277; Roquet v. Eldridge, 118 Ind. 147, 20 N. B. 733. A legacy of quantity is ordinarily a gen eral legacy; but there are legacies of quantity in the nature of specific legacies, as of so much money, with reference to a particular fund for payment. This kind of legacy is called by the civilians a "demonstrative legacy," and it is so far general and differs so much in effect from one properly specific that, if the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the general assets; yet the legacy is so far specific that it will not be liable to abate with general legacies upon a deficiency of assets. 2 Williams, Ex'rs, 1078—General legacy. A pecuniary legacy, payable out of the general assets of a testator. 2 Bl. Comm. 512; Ward, Leg. 1, 16. One so given as not to amount to a bequest of a particular thing or partic ular money tf the testator, distinguished from others of the same kind; one of quantity merely, not specific. Tifft v. Porter, 8 N. Y. 518; Evans v. Hunter, 86 Iowa, 433, 53 N. W. 277, 17 L. R, A. 308, 41 Am. St. Rep. 503; Kelly v. Richardson, 100 Ala. 584, 13 South. 785.—Indefinite legacy. One which passes property by a general or col lective term, without enumeration of number or quantity; as, a bequest of "all" the tes tator's "goods," or his "bank stock." Lown. Leg. 84.— Lapsed legacy. Where the lega tee dies before the testator, or before the