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Updated: May 15, 2025
Now, sir, this I must tell you: I should be afraid to have that precious document in my own keeping. My boy is so fond of his mother, that I cannot trust him with it. So dare I beg of you to keep it for me? In case of death, Gobseck would make you legatee of my property. Every contingency is provided for. "The Count paused for a moment. He seemed greatly agitated.
"What course will you pursue?" I inquired. "My first step will be to recall Mr. Wallingford." "I must take the liberty of a friend, and object to that," said I. "On what ground?" "This will may be worth the paper on which it is written, and no more. If the legatee have no relatives, you stand just where you stood before, and will require the evidence as to identity for which Mr.
A musket-ball through his head had settled all his tradesmen's bills; and I hesitated not in becoming residuary legatee, as I was sure the assets would more than discharge the undertaker's bill; but the body was cold and stiff, and did not readily yield its garment.
You see, Peep, comin' into a property entails consider'ble many responsibilities right frum the start." "Yes, suh," assented the legatee obediently. "I'll do jest ez you say, Judge Priest, about the clothes and the shoes, and all that; but but, ef you don't mind, I'd like to go on livin' at Gafford's.
It is also the better opinion that the plaintiff, that is the legatee, must prove that the deceased knew he was giving as a legacy a thing which was not his own, rather than that the heir must prove the contradictory: for the general rule of law is that the burden of proof lies on the plaintiff.
"I furthermore bequeath to the said Sir Reginald Wychecombe of Wychecombe-Regis, as aforesaid, baronet, all my personal property, whatsoever," read Atwood, as soon as ready; "'including furniture, wines, pictures, books, horses and carriages, and all other goods and chattels, of which I may die possessed, excepting thereout and therefrom, nevertheless, such sums in money, stocks, bonds, notes, or other securities for debts, or such articles as I may in this instrument especially devise to any other person. We can now go to especial legacies, Sir Gervaise, and then another clause may make Sir Reginald residuary legatee, if such be Sir Wycherly's pleasure."
Lezzard makes sundry bitter statements which I think none will blame me for not repeating, though all may see them here who desire so to do; she then constitutes Mr. Clement Hicks, her nephew, sole residuary legatee. There is no condition, no codicil; but I have regretfully to add that Mr.
But if more than threefourths, or even the whole was left in trust to be transferred, the SC. Pegasianum came into operation, and when once the heir had accepted, of course voluntarily, he was the sole administrator whether he retained onefourth or declined to retain it: but if he did, he entered into stipulations with the transferee similar to those usual between the heir and a partiary legatee, while if he did not, but transferred the whole inheritance, he covenanted with him as quasi-purchaser.
Single things can be left in trust as well as inheritances; land, for instance, slaves, clothing, gold, silver, and coined money; and the trust may be imposed either on an heir or on a legatee, although a legatee cannot be charged with a legacy. 1 Not only the testator's property, but that of an heir, or legatee, or person already benefited by a trust, or any one else may be given by a trust.
It is as if a claimant to be sole legatee, under another kind of testament, should offer his assertion as sufficient evidence of the validity of the will.
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