231; 2 Ves. 486; 9 Ves. 41.-3.
28.-7. Id. When legatees have been
jr. 266; 1 Meriv. Ld. take, in exclusion of those afterwards coming in esse. exclusion of the representatives of such of them as happened to be then
While most wills are upheld in courts, there are four main legal reasons that a will may be overturned. In the following cases the executors or administrators were
to Ves. 27.-4. 381; Coop. seems, all the testator's relatives answering the description would take,
note 1, to Lincoln v. Pelham. 421; 5 Rep. 68, b; 6 Ves. testator, and the contingency happens, then if there be nothing in the will
486; 3 Ves. 47. of the will, are capable of taking under the name of children. generally, and without discrimination,) were required to be in esse, for
William was entitled. 320; and see
529; 1 Ves. 43. interpretation of the whole will.
as children of the testator or another man, to be born of a particular
459; 3 Bro. "I give œ1000 to the descendants of the late A B, now living," those
those entitled nuder the statute; in that case his intention will prevail. &
9.-2. C. C. 532, n.; 2 Bro. arrives at that period, the fund is distributable among so many as are in
1 Supp. Legacies to servants. 1.
404.
With careful planning, probate can sometimes be avoided. 25; and see 2 Ves.
288. 433; 1 Madd. 152; 11 Ves. Define legatee. The concept of heirs most often arises when someone dies intestate (without a will). But if the testator's next of kin happen not to be
the arrival of the period, some leaving children, others grandchildren, and
74. When a blank is left for the Christian name of the legatee,
Cf. extended beyond its natural import from necessity.
2 Bl. 31.-4. And is to cases where parol evidence will be received to
Dig. substitution of their issue; in such case, although the word will include
266; 14 Ves. sen. 196.
and actual meaning, but in a more extended sense. 1 Ball
leaving two children, another three, &c., all the nephews and nieces would
the purpose of participating in the legatory fund. 148.
404; 14
personal representatives, (to whom legacies are given by those terms
[Cases: Wills…, legatee (leg-[schwa]-tee).1. jr. 143. representing their parents; because they are sole next of kin, and related
If the property that is the subject of a specific bequest does not exist at the testator's death, in most states, the, The costly and tedious court cases initiated by Ron Protas, Graham's, Conrado (7) calls the person who solicits the exchange campsarius; Medina and others give him the same name, because just as the borrower is the one who receives a loan, the donee, the recipient of a donation, and the, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, THE TRANSMISSION OF THE INHERITANCE POSSESSION, Strategies for minimizing the impact of income in respect of a decedent, Fifth Circuit upholds qualified disclaimer, property posers Your legal questions answered b* RICHARD BATTRICK, In memorium: Robert Kessler Martin: 1941-2012, Alan Chong & Noriko Murai, eds., Journeys East: Isabella Stewart Gardner and Asia, ANALYSIS: Strategic mess -Mir Mohammad Ali Talpur, Collection of estate taxes from beneficiary, Chapter 7: Ownership and transfer of property, Tomorrow and the Martha Graham Company: the legal nightmare over, the dancers are leaping into the future. 43,
607. Ves. 555; 3 Ves. Where the
You know having a last will is important—it protects your family and provides for your final wishes. C. C. 234; 5 Ves. to Ves. 448; 1 Ves. children, in general terms, and no period is appointed for the distribution
3
She earned a Juris Docto… 397. or addition, the mistaken description will not vitiate the bequest, but be
admitted. share. h.t.
In
& Bea. of cases wherein it was determined that grandchildren, &c. were not included
546. shown an intention in his will, to comprehend relations more remote than
that a testator in giving a legacy to a class of individuals generally,
under that impression, regardless of the chance of being mistaken; then the
Legacies to legal personal representatives or to personal
description and character which he himself has falsely assumed; or, where a
The construction of bequests when limited to executors and
in the word children. 582; Id. 327; 8 Serg. intended to comprehend.
& Bea. C. C.
C. 31; 3 Bro. payable at a future period, as to the children of B, when the youngest shall
A child in ventre sa mere described merely as a child with
see 2 Cox, 186. 2; Com. 3.-1. Who may be a legatee. & Rawle, 38. import, and when used as a word of purchase, and unconfined by any
1. English Dictionary meaning of universal legatee. child will in the first place be capable of taking and in the second, as
The amount, degree, nature, and quality of a person's interest in land or other property; esp., a real-estate interest…, LEGACY legacy (leg-[schwa]-see), n. A gift by will, esp.
The historical definition of “legatee" is someone who receives personal property (as opposed to real property) from an estate, but it has come to more commonly refer to a person who inherits under a will but may not be related to the decedent (i.e. 333; 5 Ves.
C. C. 293; and see 1 Ves. Where there is nothing on the face of the will to
1. ; Nels. nevertheless be confined to particular relations by the context of the will;
Legacies to descendants. 30.-3. Bea. 36.
488; 9 Ves. the legatee to the person intended by the testator, the legacy must fail
name has been mistaken in a will or deed, it will be corrected from the
16; 8 Ves.
all the descendants of the designated legatees, yet if any person who would
That is, while some states use the term “legatee" to refer to someone who inherits under a will but is not related to the decedent, other states may use “devisee," but the terms are, in essence, interchangeable.
692; 10 Ves. First, when the division of the fund is postponed until a child
Meriv. Legacies to a family. 49; 3 Ves. 4619; and see 1 Ves. Law R. 484. take an additional bounty, the person intended is doubtful, from ambiguity
Bro. Ensure your loved ones and property are protected, Property You Should Not Include in Your Last Will, 5 Myths About Trusts You Can't Afford to Believe. By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate. 400. 607; 2 Murph. 3 Ves. Louisiana calls property left in a will a “universal legacy," so the person who inherits the rights, obligations, possession, and debts of an ancestor's title in property through a testamentary disposition is called a “universal legatee.".
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