Legatee

Definition of Legatee

Meaning of legatee, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of legatee below.

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Further Reading

• Information about legatee in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about legatee in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about legatee in: Campbell R. Harvey's Hypertextual Finance Glossary

Legatee

In the Past

A legatee is a person to whom a legacy is given by a last will and testament.

Developments

It is proposed to consider, 1. Who may be a legatee. 2. Under what description legatees may take. II. Under what description legatees may take.

Details

Who may be a legatee. In general, every person may be a legatee. 2 Bl. Com. 512. But a person civilly dead cannot take a legacy.

Other Aspects

Of legacies to legitimate children. 1. When it appears from express declaration or a clear inference arising upon the face of the will, that a testator in giving a legacy to a class of individuals generally, intended to apply the terms used by him to such people only as answered the description at the date of the instrument, those individuals alone will be entitled, although if no such intention had been expressed or appeared in the will, every person failing within that class at the testator's death, would have been included in the terms of the bequest. 1 Meriv. 320; and see 3 Ves. 611; Id. 609; 15 Ves. 363; Ambl. 397; 2 Cox, 291; 4 Bro. C. C. 55; 3 Bro. C. C. 148; 2 Cox, 384.

More Information

Where a legacy is given to a class of individuals, as to children (see more about this popular legal topic in the U.S. encyclopedia), in general terms and no period is appointed for the distribution of it, the legacy is due at the death of the testator; the payment of it being merely postponed to the end of a year after that event, for the convenience of the executor or administrator in administering the assets. The rights of the legatees are finally settled and decided at the testator's decease. 1 Ball & B. 459; 2 Murph. 178. Upon this main, is founded the well established rule that children (see more about this popular legal topic in the U.S. encyclopedia) in existence at that period or legally considered so to be, are alone entitled to take part in the bequest. 1 Bro. C. C. 532, n.; 2 Bro. C. C. 658; 2 Cox, 190.; 1 Dick. 344; 14 Ves. 576; 1 Ves. jr. 405; 1 Cox, 68; 3 Bro. C. C. 391; Amb. 448; 1 Ves. sen. 485; 5 Binn. 607.

Other Issues

A child (see more about this popular legal topic in the U.S. encyclopedia) in ventre sa mere takes a share in a fund bequeathed to children (see more about this popular legal topic in the U.S. encyclopedia), under the general description of “children,” or of “children living at the testator's death.” 1 Ves. sen. 85; and see 1 P. Wms. 244, 341; 2 Bro. C. C. 63; 1 Salk. 229; 2 Cox, 425; 5 Sergeant & Rawle's Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 38. See tit. In ventre sa mere.

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When legacies are given to a class of individuals, generally, payable at a future period, as to the children (see more about this popular legal topic in the U.S. encyclopedia) of B, when the youngest must attain the age of twenty-one or to be divided among them upon the death of C; any child (see more about this popular legal topic in the U.S. encyclopedia) who can entitle itself under the description, at the time when the fund is to be divided, may claim a share, viz: as well children (see more about this popular legal topic in the U.S. encyclopedia) living at the period of distribution, although not born till after the testator's death, as those born before and living at the happening of that event. 1 Supp. to Ves. jr. 115, note 3, to Hill v. Chapman; 2 Supp. to Ves. jr. 157, note 1, to Lincoln v. Pelham. This general rule may be divided into two branches. First, when the division of the fund is postponed until a child (see more about this popular legal topic in the U.S. encyclopedia) or children (see more about this popular legal topic in the U.S. encyclopedia) attain a particular age; as, when a legacy is given to the children (see more about this popular legal topic in the U.S. encyclopedia) of A, at the age of twenty-one; in that case, so soon as the eldest arrives at that period, the fund is distributable among so many as are in existence at that time; and no child (see more about this popular legal topic in the U.S. encyclopedia) born afterwards can be admitted to a share, because the period of division fixes the number of legatees. Distribution is then made and nothing stays for future partition. 1 Ball & Beat. 459; 3 Bro. C. C. 402; 5 Binn. 607; 2 Ves. jr. 690; 3 Ves. 730; 3 Bro. C. C. 352, ed. by Belt; 14 Ves. 256; 6 Ves. 345; 10 Ves. 152; 11 Ves. 238. Second, when the distribution of the fund is deferred during the life ob a person in esse. In these cases, when the enjoyment of the thing given, is by the testator's express declaration not to be immediate by those, among whom it is to be finally divided, but is postponed to a particular period, as the death of A, then the children (see more about this popular legal topic in the U.S. encyclopedia) or individuals who answer the general description at that time, when distribution is to be made, are entitled to take, in exclusion of those afterwards coming in esse. 1 Ves. sen. 111; 1 Bro. C. C. 386; Id. 530; Id. 582; Id. 537; 1 Atk. 509; 2 Atk. 329; 5 Ves. 136; 3 Bro. C. C. 417; 1 Cox, 327; 8 Ves. 375; 15 Ves. 122; 1 Madd. R. 290; 1 Ball & Beat. 449.

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The word “children ” does not, usually and properly speaking, comprehend grandchildren or issue generally; these are included in that term only in two cases, namely, 1. From necessity, which occurs where the will would stay inoperative unless the sense of the word “children” were extended beyond its natural import; and, 2. Where the testator has shown by other words, that he did not intend to use the term children (see more about this popular legal topic in the U.S. encyclopedia) in its proper and actual meaning, but in a more extended sense. 1 Supp. to Ves. jr. 202, note 2, to Bristow v. Ward. In the following cases, the word children (see more about this popular legal topic in the U.S. encyclopedia) was extended beyond its natural import from necessity. 6 Rep. 16; 10 Ves. 201; 2 Desauss. 123, in note. The following are instances or cases where by using the words children (see more about this popular legal topic in the U.S. encyclopedia) and issue, indiscriminately, the testator showed his intention to use the former term in the sense of issue so as to entitle grandchildren, etc. to take. 1 Ves. sen. 196; S. C. Ambl. 555; 3 Ves. 258; 3 Ves. & Bea. 68; 4 Ves. 437; 2 Supp. to Ves. jr. 158. There is another class of cases where it was decided that grandchildren, etc. were not included in the word children. 2 Vern. 107; 4 Ves. 692; 10 Ves. 195; 3 Ves. & Bea. 59; see 2 Desauss. 308.

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Of legacies to natural children. 1. Natural children (see more about this popular legal topic in the U.S. encyclopedia) unborn at the date of the will, cannot take under a bequest to the children (see more about this popular legal topic in the U.S. encyclopedia) generally or to the illegitimate children (see more about this popular legal topic in the U.S. encyclopedia) of A B by Mary C; because a natural child (see more about this popular legal topic in the U.S. encyclopedia) cannot take as the issue of a particular person, until it has acquired the reputation of being the child (see more about this popular legal topic in the U.S. encyclopedia) of that person, which cannot be before its birth. Co, Litt. 3, b.

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Natural children (see more about this popular legal topic in the U.S. encyclopedia), unborn at the date of the will and described as children (see more about this popular legal topic in the U.S. encyclopedia) of the testator or another man, to be born of a particular woman, cannot take under such a description. 1 Peere, Wms. 529; 18 Ves. 288. A legacy to an illegitimate child (see more about this popular legal topic in the U.S. encyclopedia) in ventre sa mere, described as the child (see more about this popular legal topic in the U.S. encyclopedia) of the testator or of another man, will fail, since whether the testator or such person were or were not in truth the father, is a fact which can only be ascertained by evidence that public policy forbids to be admitted. 1 Meriv. 141 to 152. A child (see more about this popular legal topic in the U.S. encyclopedia) in ventre sa mere described merely as a child (see more about this popular legal topic in the U.S. encyclopedia) with which the mother is enceinte, without mentioning its putative father; or if the testator express a belief that the child (see more about this popular legal topic in the U.S. encyclopedia) is his own and give for it under that impression, regardless of the chance of being mistaken; then the child (see more about this popular legal topic in the U.S. encyclopedia) will in the first place be capable of taking and in the second, as presumed, be also, entitled as a result of the testator's intent to give for it, whether he be the father or not. 1 Meriv. 148, 152. Natural children (see more about this popular legal topic in the U.S. encyclopedia) in existence, having acquired by reputation the name and character of children (see more about this popular legal topic in the U.S. encyclopedia) of a particular person, beforethe date of the will, are capable of taking under the name of children. 1 P. Wms. 529; 1 Ves. & Bea. 467. But the term child (see more about this popular legal topic in the U.S. encyclopedia), son, issue and every other word of that species, is to be considered as prima facie to mean legitimate child (see more about this popular legal topic in the U.S. encyclopedia), son or issue. Id. Whether such children (see more about this popular legal topic in the U.S. encyclopedia) take or not depends upon the evidence of the testator's intention, manifested by the will, to include them in the term children; these cases are instances or cases where the evidence of such intention was deemed insufficient. 5 Ves. 530; 1 Ves. & Bea. 454; 6 Ves. 43, 48; 1 Ves. & Bea. 4619; and see 1 Ves. & Bea. 456; 2 East, 530, 542. In the following, the evidence of intention was held to be sufficient. 1 Ves. & Bea. 469; Blundell v. Dunn, cited in 1 Madd. 433; Beachcroft v. Beachcroft, cited in 1 Madd. 430; 2 Meriv. 419. [1]

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Notes and References

1. Partialy, this information about legatee is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including legatee.

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Meaning of Legatee

This is a brief definition of legatee; a term used, in general, in the field of procedural law within the United States: A person to whom a legacy is given.