
    
      Decisions Rendered Tuesday, January 12, 1886.
    
    Hutchison et al. vs. Fuller et al.
    
    Equity, prom Richmond. Wills, Legacies. (Before Judge Roney.)
   Jackson, C. J.

In the tenth item of a will the testator provided as-follows : “I bequeath unto Dr. Thomas B. Hutchison, of the county of Oglethorpe, in trust, the sum of eighteen thousand dollars, first to be taken out of the proceeds of the sale of realty,” etc., and then followed the cestuis que trust, etc. In another item he provided that “the other third of said eighteen thousand dollars, or bonds and securities into which it may be invested, I bequeath,” etc.

Held, that the legacy in the tenth item was not a specific legacy of property, but a legacy of an amount of money which was to be raised in the first place from the proceeds of the sale of realty ; and if that were insufficient, then from the residumn — the balance of the estate except specific légaoies. Reese Exrs, 256; 2 Wms. Exrs., 995-note, 1,000, 1132; 2 Bouvier, “Legacy”; 1 Roper Leg., 1534; 11 A m Dec, 458, 469 (7 Johns. Ch., 258) ; 1 P. Wms. 777 ; 4 Ves., 751; 1 Dessaus. (S. C. Chan.), 202; 16 N. Y., 365; 25 Id., 128; 63 Penn., St., 312) 316; 47 Ala., 554; 56 Md, 222, 2 Lead. Cas. in Eq., 479.

John C. Eeed, for plaintiffs in error.

Harper & Bro.; Poster & Lamar; Prank H. Miller, for defendants'

Judgment affirmed.  