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duty, and extended it to husbands and wives as well as descendants and ancestors. refer it may refer to realty; the proper word, however, for gifts of realty is devise. Legacies may be either specific, general or See also:

DEMONSTRATIVE

demonstrative. A specific See also:

LEGACY (Lat. legatum)

legacy is " something which a testator, identifying it by a sufficient description and manifesting an intention that it should be enjoyed in the state and See also:

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition indicated by that description, separates in favour of a particular legatee from the general See also:

mass of his See also:

PERSONAL

personal See also:

ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate," e.g. a See also:

GIFT (a common Teutonic word, cf. Ger. die Gift, gift, das Gift, poison, formed from the Teut. stem gab-, to give, cf. Dutch geven, Ger. geben; in O. Eng. the word appears with initial y, the guttural of later English is due to Scandinavian influence)

gift of " my portrait by X," naming the artist. A general legacy is a gift not so distinguished from the general mass of the personal estate, e.g. a gift of £See also:

ioo or of a See also:

gold See also:

RING (O.E. hring; a word common to Teutonic languages; and probably cognate with the Lat. circus, Gr. KtpKOS or KpLKOS, Skt'. chakra, wheel, circle, cf. also " harangue "); in art, a band of circular shape of varying sizes, made of any material and used f

ring.

A demonstrative legacy partakes of the nature of both the preceding kinds of legacies, e.g. a gift of £ioo payable out of a named fund is a specific legacy so far as the fund named is available to pay the legacy; after the fund is exhausted the See also:

BALANCE (derived through the Fr. from the Late Lat. bilantia, an apparatus for weighing, from bi, two, and lanx, a dish or scale)

balance of the legacy is a general legacy and recourse must be had to the general estate to satisfy such balance. Sometimes a testator bequeaths two or more legacies to the same See also:

PERSON, OFFENCES AGAINST THE

person; in such a case it is a question whether the later legacies are in substitution for, or in addition to, the earlier ones. In the latter case they are known as cumulative. In each case the intention of the testator is the See also:

RULE

rule of construction; this can often be gathered from the terms of the will or See also:

CODICIL (Lat. codicillus, a little book or tablet, diminutive of codex)

codicil, but in the See also:

ABSENCE (Lat. absentia)

absence of such See also:

EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence the following rules are followed by the courts. Where the same specific thing is bequeathed twice to the same legatee or where two legacies of equal amount are bequeathed by the same See also:

INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument the second See also:

BEQUEST (from 0. Eng. becwethan, to declare or express in words; cf. " quoth ")

bequest is See also:

mere repetition; but where legacies of equal amounts are bequeathed by different See also:

INSTRUMENTS

instruments or of unequal amounts by the same instruments they are considered to be cumulative. If the estate of the testator is insufficient to satisfy all the legacies these must abate, i.e. be reduced rateably; as to this it should he noticed that specific and demonstrative legacies have a See also:

prior claim to be paid in full out of the specific fund before general legacies, and that general legacies abate rateably inter se in the absence of any See also:

PROVISION (Lat. provisio)

provision to the contrary by the testator. Specific legacies are liable to See also:

ADEMPTION (Lat. ademptio, from adimere, a taking away)

ademption where the specific thing perishes or ceases to belong to the testator, e.g. in the instance given above if the testator sells the portrait the legatee will get nothing by virtue of the legacy. As a general rule, legacies given to persons who predecease the testator do not take effect; they are said to See also:

LAPSE (Lat. lapses, a slip or departure)

lapse. This is so even if the gift be to A and his executors, administrators and assigns, but this is not so if the testator has shown a contrary intention, thus, a gift to A or his personal representative will be effective even though A predecease the testator; further, by the See also:

WILLS, WILLIAM GORMAN (1828-1891)

Wills See also:

ACT (Lat. actus, actum)

Act 1837, devises of estates tail and gifts to a See also:

child or other issue of the testator will not lapse if any issue of the legatee survive the testator. Lapsed legacies fall into and See also:

FORM (Lat. forma)

form See also:

PART

part of the residuary estate. In the absence of any indication to the contrary a legacy becomes due on the See also:

day of the death of the testator, though for the convenience of the executor it is not payable till a See also:

YEAR

year after that date; this delay does not prevent the legacy vesting on the testator's death. It frequently happens, however, that a legacy is given payable at a future date; in such a case, if the legatee See also:

DIES, CHRISTOPH ALBERT (1755-1822)

dies after the testator but prior to the date when the legacy is payable it is necessary to discover whether the legacy was vested or contingent, as in the former case it becomes payable to the legatee's representative; in the latter, it lapses.

In this, as in other cases, the test is the intention of the testator as expressed in the will; generally it may be said that a gift " payable " or " to be paid " at a certain fixed See also:

time confers a vested See also:

INTEREST

interest on the legatee, while a gift to A " at " a fixed time, e.g. twenty-one years of See also:

AGE (Fr. age, through late Lat. aetaticum, from aetas)

age, only confers on A an interest contingent on his attaining the age of twenty-one. Legacy Duty is a duty charged by the state upon personal See also:

PROPERTY

property devolving upon the legatees or next of See also:

KIN (0. E. cyn, a word represented in nearly all Teutonic languages, cf. Du. kunne, Dan. and Swed. kon, Goth kuni, tribe; the Teutonic base is kunya; the equivalent Aryan root gan- to beget, produce, is seen in Gr. 'yEvos, Lat. genus, cf. "kind")

kin of a dead person, either by virtue of his will or upon his See also:

INTESTACY (Lat. intestates, one who has not made a will, from testari, to, bear witness)

intestacy. The duty was first imposed in See also:

England in 178o, but the See also:

PRINCIPAL

principal act dealing with the subject is the Legacy Duty Act 1796. The principal points as to the duty are these. The duty is charged on personalty only. It is payable only where the person on whose death the property Through Livingston, Legare was appointed American See also:

charge d'affaires at See also:

BRUSSELS (Fr. Bruxelles, Flem. Brussel)

Brussels, where from 1833 to 1836 he perfected himself in civil law and in the See also:

German commentaries on civil law. In 1837-1839, as a See also:

Union Democrat, he was a member of the See also:

NATIONAL

national See also:

House of Representatives, and there ably opposed See also:

Van Buren's See also:

FINANCIAL

financial policy in spite of the See also:

ENTHUSIASM

enthusiasm in South Carolina for the sub-See also:

TREASURY

treasury project. He supported See also:

Harrison in the presidential See also:

CAMPAIGN

campaign of 1840, and when the See also:

CABINET

cabinet was reconstructed by See also:

Tyler in 1841, Legare was appointed attorney-general of the United States. On the 9th of May 1843 he was appointed secretary of state ad See also:

INTERIM

interim, after the resignation of See also:

Daniel See also:

Webster. On the loth of See also:

JUNE

June 1843 he died suddenly at See also:

Boston. His See also:

GREAT

great See also:

WORK

work, the forcing into See also:

COMMON

common law of the principles of civil law, was unaccomplished; but See also:

Story says " he seemed about to accomplish [it]; for his arguments before the Supreme Court were crowded with the principles of the Roman Law, wrought into the texture of the Common Law with great success." As attorney-general he argued the famous cases, the United States v. See also:

MIRANDA, FRANCESCO (c. 1754-1816)

Miranda, See also:

Wood v. the United States, and Jewell v.

Jewell. See The Writings of Hugh Swinton Legare (2 vols., Charleston, S.C., 1846), edited by his See also:

SISTER

sister, Mrs See also:

Mary Bullen, who contributed a See also:

BIOGRAPHICAL

biographical See also:

SKETCH (directly adapted from Dutch schets, which was taken from Ital. schizzo, a rough draft, Lat. schedium, something hastily made, Gr. oxE&os, sudden, off-hand, axeb6v, near by; Ger. Skizze and Fr. esquisse are from the same source)

sketch; and two articles by B. J. Ramage in The Sewanee Review, vol. x. (New See also:

York, 1902).

End of Article: LEGARE, HUGH SWINTON (1797–1843)

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