KFLCC Kingdom Law 2nd Ed.

708

LEGACY

LEGATES

"Heirs," "Holiday," "Incapacity," "Interest,' 1 "Irregularity," "Malice," "Memory," "Mort gage," "Negligence," "Notice," "Proceedings," "Process," "Relevancy," "Remedy," "Repre sentative," "Reversion," "Subrogation," and "Tender," see those titles. a per son not outlawed, excommunicated, or in famous. It occurs in the phrase, "pro ft* et legates homines" (good and lawful men, com petent jurors,) and "legality" designates' the condition of such a man. Jacob. LEGALIS MONETA ANGLLX. Lawful money of England. 1 Inst. 207. LEGALITY, or LEGALNESS. Lawful ness. The act of legalizing or making legal or lawful. See LEGALIZE. LEGALIZE. To make legal or lawful} to confirm or validate what was before void or unlawful; to add the sanction and author ity 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 construct ed or maintained under direct and sufficient legislative authority. Such, for example, are hospitals and pesthouses maintained by cities. See Baltimore v. Fairfield Imp. Co., 87 Md. 352, 39 Atl. 1081, 40 L. R. A. 494, 67 Am. St Rep. 344. The name of a code of ecclesiastical laws, en acted in national synods, held under legates from Pope Gregory IX. and Clement IV., in the reign of Henry III., about the years 1220 and 1268. 1 Bl. Comm. 83. LEGARE. Lat. In the civil and old English law. To bequeath; to leave or give by will; to give in anticipation of death. In Scotch phrase, to legate. In the civil law. One to whom a thing is bequeathed; a leg atee or legatary. Inst. 2, 20, 2, 4, 5, 10; Bract, fol. 40. In old European law. A legate, messen ger, or envoy. Spelman. LEGATEE. The person to whom a leg acy is given. See LEGACY. —Residuary legatee. The person to whom a testator bequeaths the residue of his personal estate, after the payment of such other lega cies as are specifically mentioned in the will. Probate Court v. Matthews, 6 Vt. 274; Laing v. Barbour, 119 Mass. 525; Lafferty v. Peo ple's Sav. Bank, 76 Mich. 35, 43 N. W. 34. Nuncios, deputies, or extraor dinary ambassadors sent by the pope to bt LEGALIS HOMO. Lat. A lawful man; a person who stands rectus in curta; LEGALIZATION. LEGALLY. Lawfully; according to law. LEGANTINE CONSTITUTIONS. LEGATAB.1US. La t LEGATES.

legacy is payable, the bequest is said to lapse, as it then falls into the residuary fund of the estate.— Modal legacy. A bequest accom panied by directions as to the mode or manner in which it shall be applied for the legatee's benefit, e. g., a legacy to A. to buy him a house or a commission in the army. See Lown. Leg. 151.— 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 drawn. It is not the less a pecuniary lega cy if it comprises the specific pieces of money in a designated receptacle, as a purse or chest. See Humphrey v. Robinson, 52 Hun, 200, 5 N. Y. Supp. 164; Lang v. Ropke, 10 N. Y. Leg. Obs. 75; Mathis v. Mathis, 18 N. J. Law, 66.— Residuary legacy. A bequest of all the testator's personal estate not otherwise effectually disposed of by his will; a bequest of "all the rest, residue, and remainder" of the personal property after payment of debts and satisfaction of the particular legacies. See In re Williams' Estate, 112 Cal. 521, 44 Pac. 808, 53 Am. St Rep 224; Civ. Code Cal. 1903, § 1357, subd. 4. — Special legacy. A "spe cific legacy" (g. v.) 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. Mornss v. Garland, 78 Va. 222. In a strict sense, a legacy of a particular chattel, which is specified and distinguished from all other chattels of the testator of the same kind; as of a horse of a certain color. A legacy of a quantity of chattels described collectively; as a gift of all the testator's pictures. Ward, Leg. 16-18. A legacy is general, where its amount or value is a charge upon the general assets in the hands 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 ren der the bequest inapplicable to any other; as the bequest of a horse, a picture, or jewel, or a debt due from a person named, and, in special cases, even of a sum of money. Langdon v. Astor, 3 Duer (N. Y.) 477, 543.— Trust legacy. A bequest of personal property to trustees to be held upon trust; as, to pay the annual in come to a beneficiary for life.— Universal legacy. In the civil law. A testamentary dis position by which the testator gives to one or several persons the whole of the property which he leaves at his decease. Civ. Code La. 1900, art. 1606.— Legacy duty. A duty imposed in England upon personal property (other than leaseholds) devolving under any will or intes tacy. Brown. LEGAL. 1. Conforming to the law; ac cording to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law. 2. Proper or sufficient to be recognized by the law; cognizable in the courts; competent or adequate to fulfill the requirements of the law. 3. Cognizable in courts of law, as distin guished from courts of equity; construed or governed by the rules and prinqfples of law, in contradistinction to rules of equity. 4. Posited by the courts as the inference or Imputation of the law, as a matter of con struction, rather than established by actual proof; e. g„ legal malice. See LAWFUL. As to legal "Age," "Assets," "Considera tion," "Cruelty," "Damages," "Day," "Debts," "Demand," "Defense," "Disability," "Discre tion," "Duty," "Estate," "Evidence," "Fraud,"