LEGACY1, ACCUMULATIVE. An accumulative legacy is a second bequest2 given by the same testator to the same legatee, whether it be of the same kind of thing, as money, or whether it be of different things, as, one hundred dollars, in one legacy, and a thousand dollars in another, or whether the sums are equal or whether the legacies3 are of a different naturer 2 Rop. Leg. 19.
LEGACY, ADDITIONAL. An additional legacy is one which is given by a codicil4, besides one before given by the will; or it is an increase by a codicil of a legacy before given by the will. An additional legacy is generally subject to the same qualities and conditions as the original legacy. 6. Mod. 31; 2 Ves. jr. 449; 3 Mer. 154; Ward5 on Leg. 142.
LEGACY, ALTERNATIVE. One where the testator gives one of two things to the legatee without designating which of them; as, one of my two horses. Vide Election.
LEGACY, CONDITIONAL6. A bequest which is to take effect upon the happening or, not happening of a certain event. Lownd. Leg. 166; Rop. Leg. Index, tit. Condition.
LEGACY, DEMONSTRATIVE. A demonstrative legacy is a bequest of a certain sum of money; intended for the legatee at all events, with a fund particularly referred to for its payment; so that if the estate be not the testator's property at his death, the legacy will not fail: but be payable7 out of general assets. 1 Rop. Leg. 153; Lownd. Leg 85; Swinb. 485; Ward on Leg. 370.
LEGACY, INDEFINITE. A bequest of things which are not enumerated8 or ascertained9 as to numbers or quantities; as, a bequest by a testator of all his goods, all his stocks in the funds. Lownd. on Leg. 84; Swinb. 485; Amb. 641; 1 P. Wms. 697.
LEGACY, LAPSED10. A legacy is said to be lapsed or extinguished, when the legatee dies before the testator, or before the condition upon which the legacy is given has been performed, or before the time at which it is directed to vest in interest has arrived. Bac. Ab. Legacy, E; Com. Dig. Chancery, 3 Y 13; 1 P. Wms. 83. Lownd. Leg. 408 to 415; 1 Rop. Leg. 319 to 341. See, as to the law of Pennsylvania in favor of lineal descendants, 5 Smith's Laws of Pa. 112. Vide, generally, 8 Com. Dig. 502-3; 5 Toull. n. 671.
LEGACY, M0DAL. A modal legacy is a bequest accompanied with directions as to the mode in which it should be applied11 for the legatee's benefit; for example, a legacy to Titius to put him an apprentice12. 2 Vern. 431; Lownd. Leg. 151.
LEGACY, PECUNIARY13, A pecuniary legacy is one of money; pecuniary legacies are most usually general legacies, but there may be a specific pecuniary legacy; for example, of the money in a certain bag. 1 Rop. Leg. 150, n.
LEGACY, RESIDUARY. That which is of the remainder of an estate after the payment of all the debts and other legacies. Madd. Ch. P. 284.