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He never lost sight of this friend. When he came to die, he made him executor to his will, and residuary legatee, after disposing of some half a million of money in other legacies. These were all immediately paid by Mr. Shepherd, who entered upon the possession of all the property the deceased died possessed of consequently, the extent of his fortune was never publicly known.
We see also an imitation of the American constitution in the principle which allots to the central government only certain enumerated powers, and leaves the residuary power of legislation to the States.
But there will always be some residuary elements, rooted with every personal memory in France and too old to be transplanted, or necessarily connected with France by material interests. For them there will be no compensation for the broken French bonds, or at least none for some time to come.
A "residuary trustee" was a novelty in international relations sufficient to arouse conjecture as to its meaning, but giving to the League the character of an independent state with the capacity of possessing sovereignty and the power to exercise sovereign rights through a designated agent was even more extraordinary.
This institution was founded by Samuel Travers, who, in 1724, left a residuary estate in trust for building or buying a house for their reception near the castle of Windsor, bequeathing to each knight 60 pounds per annum, 26 pounds of which is to be applied only for keeping them a constant table.
"Remember this, the law would not permit you as executor of your father's will to pay over this money, if any other than yourself were the residuary legatee. You'd have no right to take twenty-five thousand dollars out of the estate and give it to Miss Burch at the expense of anybody else!"
After giving some small legacies to a few of his female relatives, he has left you the residuary legatee, and I know enough of his affairs to be certain that you will receive an addition to your estate of more than two hundred thousand dollars.
So that, if a devise of land should fail, that land would not be disposed of by the residuary clause, but would descend to the heir as if there had been no will. Again, the appointment of an executor relates back to the date of the testator's death. The continuity of person is preserved by this fiction, as in Rome it was by personifying the inheritance ad interim.
The residuary legatee of the late Frances Purcell, who has the honour of selecting such of his lamented old friend's manuscripts as may appear fit for publication, in order that the lore which they contain may reach the world before scepticism and utility have robbed our species of the precious gift of credulity, and scornfully kicked before them, or trampled into annihilation those harmless fragments of picturesque superstition which it is our object to preserve, has been subjected to the charge of dealing too largely in the marvellous; and it has been half insinuated that such is his love for diablerie, that he is content to wander a mile out of his way, in order to meet a fiend or a goblin, and thus to sacrifice all regard for truth and accuracy to the idle hope of affrighting the imagination, and thus pandering to the bad taste of his reader.
"Yes; by the will of Mr Turnbull, his wife has been left a handsome jointure, but, for reasons which he did not explain, the house and furniture are not left to her, but, as residuary legatee, belong to thee." "Indeed! then where is Mrs Turnbull?" "At Bath, where she hath taken up her residence.
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