LEGACY (ante). Legacies are of various kinds; as, absolute, to vest at once uncon ditionally; conditional or contingent, limited to take effect upon some event which may or may not take place; demonstrative, to he paid out of a specified fund; model, where the will contains directions as to the way in which the legacy shall be applied to the use of the legatee; residuary, of all the personal property of the testator, not otherwise dis posed of, etc. In regard to the construction of legacies. the role is that the plain intent of the testator as collected from the whole will shall be carried into effect. Where the legatee is incorrectly described, the error may be corrected if a reference to the will itself clearly make out the testator's intent; hut parol evidence is inadmissible to remedy such inisdescription unless it appear that there are two persons to it hog the description in the will may apply. Where a bequest is made to children, the term, unless otherwise specified, is held to mean children at the time of the testator's death, and to include a child in its mother's womb, but not illegitimate children when there are legitimate chil dren who answer the description in the will. Whenever the estate is unable to discharge the debts and specific legacies, the general money legacies are abated proportionately; and specific legacies are themselves liable to be abated if the debts be not yet discharged.
Legacies are subject to ademption, i.e., to be destroyed or withheld on account of some act of the testator indicating an intention to revoke the bequest; thus, where a testator gives a legacy to a child and afterwards1 ma.tes a settlement on her, the settlement is regarded as an ademption of the legacy. When two legacies are given to the same per son, the question arises whether he shall take both. It has been held that where two legacies of unequal value are given to the same person by one will, or where legacies of equal or unequal value are given to the same person by different wills, he is entitled to receive both legacies; where the same thing is given twice, or legacies of equal value are given to the same person by the same will, he is entitled to receive but one legacy. Where a testator gives a legacy to his debtor as much as or inure than the debt, the legacy', in the absence of evidence to the contrary, is presumed by courts of equity to be in satisfaction of the debt; but a legacy to a debtor will not constitute a release debt unless it lie clearly shown that such is the intention of the testator.