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Updated: May 15, 2025
Hence we see the number of legacies and fortunes left on condition that the legatee shall take the name and style of the testator, by which device we provide for the continuance of the sounds that formed our names, and endow them with an estate, that they may be repeated with proper respect.
* See note OO, at the end of the volume. This appears from Burleigh's will: he specifies only the number of ounces to be given to each legatee, and appoints a goldsmith to see it weighed out to them, without making any distinction of the pieces. See note PP, at the end of the volume.
But that Mr Anthony, in the evening of his life, was happier in the affection of his excellent son a pattern, my dear sir, a pattern to all sons and in the care of a distant relation who, however lowly in his means of serving him, had no bounds to his inclination; I can inform you. 'How's this? said the old man. 'You are not a legatee?
4 A legacy may be given not only of things belonging to the testator or heir, but also of things belonging to a third person, the heir being bound by the will to buy and deliver them to the legatee, or to give him their value if the owner is unwilling to sell them.
"And the day following," he resumed, "when Marguerite becomes my wife, I shall take from a certain drawer a certain document, given to me by M. de Chalusse when I was on the point of becoming his son-in-law, and in which he recognizes Marguerite as his daughter, and makes her his sole legatee. And this document is perfectly en regle, and unattackable.
Suddenly the old jeweller had an impulse of shame obscure, instinctive, and fleeting; shame of his eagerness to be informed, and he added: "You understand that I ask all these questions immediately so as to save my son unpleasant consequences which he might not foresee. Sometimes there are debts, embarrassing liabilities, what not! And a legatee finds himself in an inextricable thorn-bush.
1 Usufruct is thus a right detached from the aggregate of rights involved in ownership, and this separation can be effected in very many ways: for instance, if one man gives another a usufruct by legacy, the legatee has the usufruct, while the heir has merely the bare ownership; and, conversely, if a man gives a legacy of an estate, reserving the usufruct, the usufruct belongs to the heir, while only the bare ownership is vested in the legatee.
An uncertain person was held to be one of whom the testator had no certain conception, as the legatee in the following form: 'Whoever bestows his daughter in marriage on my son, do thou, my heir, give him such or such land. So too a legacy left to the first consuls designate after the writing of the will was held to be given to an uncertain person, and many others that might be instanced: and so it was held that freedom could not be bequeathed to an uncertain person, because it was settled that slaves ought to be enfranchised by name, and an uncertain person could not be appointed guardian.
Most opulent in spiritual gifts was this lord of Valapee; the legatee, moreover, of numerous anonymous souls, bequeathed to him by their late loyal proprietors. By a slavish act of his convocation of chiefs, he also possessed the reversion of all and singular the immortal spirits, whose first grantees might die intestate in Valapee.
In its terms the Duc d'Aumale became residuary legatee, and 2,000,000 francs, free of death-duty, were bequeathed to the Prince's ``faithful companion, Mme la baronne de Feucheres, together with the chateaux and estates of Saint-Leu-Taverny, Boissy, Enghien, Montmorency, and Mortefontaine, and the pavilion in the Palais-Bourbon, besides all the Prince's furniture, carriages, horses, and so on.
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