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Updated: May 15, 2025
By our constitution, however, we have made an improvement in this matter, and allowed the legatee's heir to exercise the right of selection, although the legatee has not done so personally in his lifetime; which enactment, through our careful attention to the subject, contains the further provision, that if there are either several colegatees to whom a right of selection has been bequeathed, and who cannot agree in their choice, or several coheirs of a single legatee, who differ through some wishing to choose this thing and others that, the question shall be decided by fortune the legacy not being extinguished, which many of the jurists in an ungenerous spirit wished to make the rule ; that is to say, that lots shall be drawn, and he on whom the lot falls shall have a priority of choice over the rest.
He had told me several times that he had made a will by which his large fortune was to be divided between me and a certain Asylum for the Relief and Education of Destitute Red Indian Children that he was very much interested in; and he had more than hinted that the asylum was not the legatee that was the more to be envied.
Likewise he had received a letter of instructions from a client in Montreal, a kinsman and legatee of old Michael Turley, the late owner of Tralee, in connection with a legacy. This would involve some legal proceedings with considerable costs, and also contact with Joel Mazarine, whom he had not yet seen; for Mazarine had come while he was away in England.
Schwab and Brunner reached Pons' rooms unseen by Mme. Cibot. The notary, inquiring for Pons, was shown upstairs by the portress of a neighboring house. Brunner remembered his previous visit to the museum, and went straight in with his friend Schwab. Pons formally revoked his previous will and constituted Schmucke his universal legatee.
It was really very kind of him, and the more so, as being altogether unexpected: he got great praise for this, did Mr. Jennings; specially, too, because he had gained nothing whatever from his aunt's death, though her heir and probable legatee, and clearly was a disappointed man. Jennings Mr.
"At this moment, if the legatee withdraws everything that he declares to be his, we shall raise no objections, but the room itself will be sealed. And M. Schmucke may lodge where he pleases." "No," said Villemot; "M. Schmucke is going to stay in his room." "And how?" "I shall demand an immediate special inquiry," continued Villemot, "and prove that we pay half the rent. You shall not turn us out.
Can't you see what he was after? Why, good Lord, man, he has made you the principal legatee,—he has actually given you everything. All this rigmarole about a trust or a foundation or whatever you want to call it amounts to absolutely nothing. The money is yours to do what you like with as long as you live. You have complete control of every dollar of it. No one else has a thing to say about it.
Then and not till then will the definite legatee be named and proclaimed according to his rights, nor shall any be so named and proclaimed unless he be present at this meeting, at the conclusion of which Don Luis Perenna, who must also attend it, shall become the definite legatee if, as I have said, no survivor nor heir of the Roussel sisters or of their cousin Victor have come forward to claim the bequest."
Sooth to say, niece Jane, the soured and long-waiting legatee, had now for years been treating the poor old woman very scurvily: she had lived too long, and had grown to be a burden; notwithstanding that her ample income still kept on the house, and enabled the general to nurse his own East India Bonds right comfortably. Mrs.
Schwab and Brunner reached Pons' rooms unseen by Mme. Cibot. The notary, inquiring for Pons, was shown upstairs by the portress of a neighboring house. Brunner remembered his previous visit to the museum, and went straight in with his friend Schwab. Pons formally revoked his previous will and constituted Schmucke his universal legatee.
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