A

TREATISE

ON THE

LAW OF LEGACIES,

BY THE LATE

R. S. DONNISON ROPER, Esq.

BARRISTER AT LAW, OF GRAY'S INN.

UNDER AN ENTIRELY NEW ARRANGEMENT, AND WITH VERY CONSI-
DERABLE ADDITIONS,

BY HENRY HOPLEY WHITE, Esq.

BARRISTER AT LAW, OF THE MIDDLE TEMPLE.

IN TWO VOLUMES.

VOL. II.

FIRST AMERICAN,

FROM THE THIRD LONDON EDITION.

Philadelphia:

ROBERT H. SMALL-CHESNUT STREET.

........

1829.

CONTENTS

OF THE SECOND VOLUME.

CHAPTER XVI.

Of the repetition of Legacies

Page 17

SECT. I. Where two legacies are given by the same testa-

mentary instrument, whether will or codicil-

and

1.-Where the legacies so given are of equal amount

2.-Where the legacies differ in amount

SECT. II. Where legacies are given by different testa-

mentary instruments, namely, by will and co-

dicil, or by different codicils; and where the

legacies so bequeathed are given simpliciter

1.-Where the legacies thus given in both instruments

are equal

2. Where they are unequal

3.--Where they are not ejusdem generis

SECT. III. Where the legacies given by the different in-

struments are not given simpliciter, but a dif-

ferent or additional motive is expressed

SECT. IV. Where the legacies are given by different tes-

tamentary instruments, and the instrument giv-

ing the second legacy furnishes intrinsic evi-

dence that the second legacy was merely giv-

en in substitution of the former, and not inten-

ded as accumulative

SECT. V. On the admissibility of parol evidence to rebut

the presumption in favour of accumulative leg-

acies

CHAPTER XVII.

Of the satisfaction and release of Debts by Legacies

SECT. I. Where the legacy operates as a satisfaction of

the debt due by the testator to the creditor

legatee

1.-When the legacy is given simpliciter, and is of the

same nature as the debt, and of equal or greater

amount

37

38

ib.

2.-Where it operates as a performance of a covenant 40

SECT. II. Where the legacy has not been deemed a satis-

faction of the debt

1.-Where the legacy is of less amount

2.-Where a difference is made in the time of payment

of the legacy and that of the debt

3.-Where of a different nature, either-

A. As to the subject itself; or

ib.

ib.

41

46

ib.

48

4.-Where, though of the same nature, a particular

motive is assigned for the gift

ib.

5.--Where the debt is contracted subsequently to the

making of the will

49

6.-Where the legacy is contingent or uncertain

7.--Where the debt is contingent or uncertain

ib..

52

B. As to the interest given

53

8.- Where there is an express direction in the will for

the payment of debts

SECT. III. Inquiry how far the doctrine of satisfaction is

affected by the relation subsisting between-

the testator and creditor legatee

55

1.-Where the legatee is a servant and herein of the

admissibility of parol evidence

ib.

2.-Where the legatee is a child, and herein the dis-

tinction between a legacy and an advancement

of a portion by the parent

SECT. IV. Where a legacy by a creditor to his debtor leg-

atee, does or does not operate as a release or

extinguishment of the legatee's debt; and

herein of the effect of appointing a debtor,

executor

57

62