SINCLAIR v. YOUNG

14 VLR 721·WEBB, J.
14 VLR 721
14 VLR 721
SINCLAIR v. YOUNG Supreme Court of Victoria (Full Court) WEBB, J. October 7, 1887. December 6, 1887, 04 June 1888 Will, Construction of — Legacy — Specific .

A specific, as distinguished from a general bequest, must be a bequest in terms clearly expressing the testator’s intention that a specific article or class of articles, or a specific debt or class of debts, or a specific sum or sums of money severed from all other articles, debts or sums of money, and forming a part and a part only of the testator’s actual personal property, either at the time when the will was made, or when in the absence of an apparent contrary intention the will takes effect, viz., immediately before the death of the testator, is to be enjoyed by the legatee in specie.

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