R ESI D U E. That which remains of some thing after taking away a part of it: as, the residue of an estate, which is what has not been particularly devised by will.
What is left; the rest. Hulin v. Squires, 63 Hun 352, 18 N. Y. Supp. 309. What is left after all liabilities ake discharged, and the objects of the testator carried into effect. Morgan v. Huggins, 48 Fed. 3.
A will bequeathing the general residue of personal property passes to the residuary legatee everything not otherwise effectually disposed of ; and it makes no difference whether a legacy falls into the estate by lapse or is void at law, the next of kin is equally excluded; 15 Ves. 416; 2 Mer. 392. See Phelps v. Robbins, 40 Conn. 264.
Where a residuary legacy lapses, there is a pro taint() intestacy ; Reed's Estate, 82 Pa. 428. Where the residue is not expressly dis posed of and it does not appear by the will that the executors were intended to take It beneficially, they are to be deemed trustees for the next of kin; 8 Beay. 475; though
previous to 1830, it was considered in the English courts that if the testator had nam ed in his will an executor, but no residuary legatee, the executor should retain the resi due of the personal estate for his own bene fit ; Schoul. Ex. & Ad. § 494. Under the stat utes 2 Geo. IV. and 1 Wm. IV. c. 40, the ex ecutor is a trustee for the next of kin, unless it shall appear from the will that he is to take the residue beneficially; L. R. 7 H. L. 606; and he is not entitled to it by implica tion of law ; id. See 12 Eng. Rul. Cas. 20; LEGACY. A legacy to the next of kin does not exclude his claim to the residue; Amb. 566; 12 Ves. 298.