DEMONSTRATIVE LEGACY. A pecunia ry legacy coupled with a direction that it be paid out of a specific fund.
A bequest of a sum of money payable out of a particular fund or thing. A pecuniary legacy given generally, but with a demonstra tion of a particular fund as the source of its payment. Roquet v. Eldridge, 118 Ind. 147, 20 N. E. 733 ; Glass v. Dunn, 17 Ohio St. 413. See Harper v. Bibb, 47 Ala. 547; Kunkel v. Macgill, 56 Md. 120.
Such a bequest differs from a specific leg acy in this, that if the fund out of which it is payable fails for any cause, it is never theless entitled "to come on the estate as a general legacy ; and it differs from a gen eral legacy in this, that it does not abate in that class, but in the class of specific lega: cies." Armstrong's Appeal, 63 Pa. 312, per Sharswood, J. A bequest of "$2,000 of the South Ward Loan of Chester," where the testator owned $10,000 of the loan at the date of the will, which was paid off before death, was held demonstrative; Ives v. Can
by, 48 Fed. 718. So, also, "25 shares of cap ital stock of the State Bank," etc., the tes tator owning 25 shares ; Davis v. Cain's Ex'r, 36 N. C. 309 ; had the testator said "my" 25 shares, it would have been a spe cific legacy ; id. So of a gift of canal shares of which the testator owned all of which he sold before his death ; 2 Beay. 515. The criterion in all the cases is wheth er it was the testator's intention to give the specific security then owned by him, or, on the other hand, to give nothing distinctly severed from his estate, but rather such a sum as would suffice to buy the securities named ; id. See 2 White & T. Lead. Cas. 646 ; 2 Y. & C. 90 ; Newton v. Stanley, 28 N.
Y. 61; Dryden v. Owings, 49 Md. 356.