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Wills • Classification of Gifts
WILLS#034
Legal Definition
A specific legacy is a gift of a particular item of property distinct from all other objects in the testator's estate. The issue is whether the testator intended the donee to have that thing only, or something similar.
Plain English Explanation
There are two main types of gifts that people leave in their wills. The first type is a specific legacy, which is a gift that is specifically and uniquely identified in the will. In contrast, the second type is a general legacy, which is usually just money.
Imagine you're writing your will, and you think of your favorite wristwatch, the one your grandfather gave you. You decide to leave it to your nephew because it's special. That's what we call a specific legacy. It's like saying, "Hey, I want my nephew to have this particular watch, not just any watch." The law looks at this and asks, "Did they really mean this exact watch?" That's important because it's about keeping promises and respecting what you wanted. It's like ensuring your nephew gets that special watch, not just any watch from a store. This rule is there to make sure your wishes are followed exactly as you intended, honoring the uniqueness of your gift.
Imagine you're writing your will, and you think of your favorite wristwatch, the one your grandfather gave you. You decide to leave it to your nephew because it's special. That's what we call a specific legacy. It's like saying, "Hey, I want my nephew to have this particular watch, not just any watch." The law looks at this and asks, "Did they really mean this exact watch?" That's important because it's about keeping promises and respecting what you wanted. It's like ensuring your nephew gets that special watch, not just any watch from a store. This rule is there to make sure your wishes are followed exactly as you intended, honoring the uniqueness of your gift.
Hypothetical
Hypo 1: Bob's will states that he leaves his "1965 Mustang car" to Sam. After Bob's death, the Mustang is found in his garage. Result: This is a classic case of a specific legacy. Bob intended for Sam to receive that exact 1965 Mustang, making it a unique and identifiable gift.
Hypo 2: Bob writes in his will that he leaves "a gold watch" to Sam. He owns several gold watches. Result: This scenario does not show a specific legacy. The will doesn’t specify which gold watch Sam should receive, so it's not about a particular, unique item.
Hypo 3: In his will, Bob mentions leaving his "signed baseball from the 1994 World Series" to Sam. Bob has a collection of signed baseballs, but only one from the 1994 World Series. Result: This is a specific legacy because the baseball from the 1994 World Series is a unique item distinct from the rest of Bob's baseball collection.
Hypo 5: Bob's will says, "I leave a book from my library to Sam." Result: This is not a specific legacy because it doesn't identify a particular book. It could be any book from Bob's library, not a specific, unique item.
Hypo 2: Bob writes in his will that he leaves "a gold watch" to Sam. He owns several gold watches. Result: This scenario does not show a specific legacy. The will doesn’t specify which gold watch Sam should receive, so it's not about a particular, unique item.
Hypo 3: In his will, Bob mentions leaving his "signed baseball from the 1994 World Series" to Sam. Bob has a collection of signed baseballs, but only one from the 1994 World Series. Result: This is a specific legacy because the baseball from the 1994 World Series is a unique item distinct from the rest of Bob's baseball collection.
Hypo 5: Bob's will says, "I leave a book from my library to Sam." Result: This is not a specific legacy because it doesn't identify a particular book. It could be any book from Bob's library, not a specific, unique item.
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