The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-29

! NHNf Alt N'NGl'l lNtuNlAIf l'NAhIthf
with a specific fund pointed out as q
convenient mode o( payment, or spe.
cifc requests Of slaves The number
20 Doe limited by Che criterion Of Pc
cuniary value prescribed by the viii
a legacy Of quantity Is ordinarily
r. general legacy bnl there are loga-
cieg Of quantity in the nature Of 3pe.
c'ho legaclcs, as Of 80 much money,
with reference 10 a particular fund for
payment This kind Of ieglcg is
called by tlie civilians a deaon'irat'ts
| ieg9cy, aud Il Is $50 for gcueroL aud
dHags so much IN effect from one
properly specific, TINT II the fund be
called ia, or fail, the legatcc viii not
be deprived Of his legacy, but be per.
omitted 70 receive it out Of the general
aasets set the legacy is 80 far ape.
cidr, that q will not bc liable 10 abate
with general logacier upon doGcien.
! cy Of as8ctg, but only with other spc-
dfe lceaelcs charged upon the same
fund / Roper on Lepocics, 1922
, William Oh Eyr 1913 2 LOmaN
ou Ears, ~
It Is 10 this class Of demons,raliyo
| legacios, that the appellccs contend
that the bcquost Of Moorng'5 will
belong.
Courts in general are ayorse from
constituting lcgacics to be specific aud
The intention of the tcatator in refer
cnce 10 The thing bequcathcd must be
clear The intention OF the tcstator
upon this subject, os IN every qucg
tion on the construction Of wills, is
the principal object 30 lac asccrlained
aud II Is therefore necessary That the
intention be either Expressed Ia refer
cnce 10 the thing bcqucathcd or
otherwise clearly appear from the
win, to constitute the legacy specific.
Charvotl VA. Bccck, 4 Nescy 5jj
Where the particular fund is refer
rod to, only as pointing ont convc.
uienl mode Of payment, Che legacy IL
considered dcmonstroliyc, hul il the
oifl Is n Rio flnd MciL in whole or in
part or f. SO charged upon il rs to
show an intent 10 burden that object
alone with its payment, it is esteemed
as specific Williams on Exrs
iOi3, note T. Chnryoth Vs. Beck, 4
Yescy, p. 5jj, note \, Smith ys.
Fitzgerald, 3 vol and u, 3 ludlain's
estate. rs Penn. state r. 1888. Bal
lets Appeal, IT, id. l6l Walls vs..
Stewart, rs, id 275
In asccrtainng by the light of these
principle, and with the aid OF the cd
Judged eases, the intention Of the tps.
tatorin thepreseut ease we remark, in
the first place, that the negro slaves Of
the testator remained Ia specie ut his
death, aud several years thereafter;
that these lcgneios all became vcstcd
on the tcstator'H death, aud that they
ire now iil'lc 60 disappointment, only |
because before the time appointed for |
delivering of the property TO the lega-
and destroyed the corpus Of the prop.
crty "a cllcctually as would have been
done by tho natural dcoth of all the
slaves. Those already delivered Co
their logatoc4 are cmancipatcd from
their control, as wen as those retained !
for the satisfaction OF the particular |
logacic. now IN question 1t is, there |
fore, not q casc TO which the doctrines
relating to the adcmption Of legacics
can apply for that takes place only
where the property specifically be.
lucathcd has ceased TO exist before !
the death of the tosmtor. lt is true
such Legacy would hc equally lost 10y |
the destruction of the property after
that event, but 1t would not lac what |
.hc law means 10y an ademption of the
legacy
The language of the fourth item Of
.hc will does not in our opinion, pur-
port TO give pecuniary legacy Of |
S3,3aO TO the son of the tostator, with |
/ demonstration of thcnegrocs "a the
und ont of which the money should |
Pc paid The gin is not of money
,ut of negroes Il give him ne
yroes.' But how many, and what
negroes lie does not ascertain the
particular individuals, or their mum
'cr but establishes q rule bv which
he number and identity can Toe made
.ortain lie gives SO many aud such
negroes, MS "a eight hundred dollars I
ormen, six hundred for women. and
n The same proportion for smaller
mes, will amounLto the aggregate
aluc OF $3.50 is plain that the
c-iator intended his son To receive
layCs, and not money. All that is
aid about the amount and value re
l'cs merely % the number Go Doe given.
nd the mode OF setting them apart
% him. And this intention Is rccog.
lied and affirmed hy what has already
aiken place In the execution of the
..li Tor three Of the legatces, as far
ack as ISIS, received their lcgacics
. slaves. allotted Co them Ia the mode
oiutel oui in this clause Hence IL
% gin OF Che ryHs of the fund set
.arl Tor tbc satisfaction of the lcga-
les. aul. therefore, according Co the
lihoHiics, is to De regarded as q
loc.dt hequest
The fnh clause OF the will makes
%. conclusion siill moro ndi,putahle.
Doc frs. Tow lines, % wit: " / givemy
luEhtcrs tnaming thcml thirty three
lulrel and fUx dollars each. IN he I