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" A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator; 2. "
Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 346
by New York (State). Courts - 1919
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - Civil law - 1862 - 538 pages
...designated, ac- Nature and ,. . . ' designation cording to their nature, as follows: of legacies. 1. Legacies of a particular thing, specified, and distinguished...others of the same kind belonging to the testator, are specific. If such legacy fails, resort cannot be had to the other property of the testator ; 2....
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...and designated, Nature and ° ' designation according to their nature, as follows : of legacies. 1. A legacy of a particular thing, specified, and distinguished...same kind belonging to the testator, is specific; if such legacy tails, resort cannot be had to the other property of the testator ; 2. A legacy is demonstrative...
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The Probate Law and Practice of California: Containing All the Provisions of ...

David Price Belknap - Probate law and practice - 1873 - 660 pages
...nature, as follows: tio*!«oi' 1. A legacy of a particular thing, specified and distin- g^^". guished from all others of the same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator. 2. A legacy is demonstrative...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 27

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1904 - 636 pages
...clear and Intelligent. Id. 361. 4. . Revised Statutes 1898, section 2802, subdivision 1, provides that a legacy of a particular thing specified, and distinguished...same kind belonging to the testator, is specific. Testator's will directed that certain mines be not sold until his daughter should reach 21 years of...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877 - 520 pages
...are distinguished and designated according to their nature, as follows: First. A legacy of a specific thing, specified and distinguished from all others...same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator. Second. A legacy...
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The Pacific Reporter, Volume 137

Law reports, digests, etc - 1914 - 1244 pages
...classifying the legacy as being specific. It falls within the definition of a specific legacy as that "of a particular thing, specified and distinguished...others of the same kind belonging to the testator." Section 1357, subd. 1, Civ. Code. The will specifies the particular $5,000 and the use to which "said...
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The Pacific Reporter, Volume 6

Law reports, digests, etc - 1885 - 968 pages
...distinguished and designated according to their nature, as follows: (1) A legacy of a particular tiling, specified and distinguished from all others of the same kind belonging to the testator, is specific. If such legacy fails, resort cannot be had to the other property of the testator. (2) A legacy is demonstrative...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - Law - 1884 - 666 pages
...distinguished and desigSpecific. . • ii *• 11 ,1 f xl l • ltl 1. A legacy of a particular thin";, specified and distinguished from all others of the same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator; 2. A legacy is demonstrative...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - Civil law - 1885 - 422 pages
...distinguished and designated, accordnations of in2r to their nature, as follows : legacies. o ... Specific. 1- A legacy of a particular thing, specified, and distinguished...same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator ; Demon- 2. A legacy...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 5

Law reports, digests, etc - 1885 - 1000 pages
...terms declares: "Legacies are distinguished and designated, according to their nature, as follows: "1. A legacy of a particular thing, specified and distinguished...same kind belonging to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator. " 2. A legacy is...
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