Daniel v. Denham

Moblby, Justice.

It is the general rule that debts of a testator shall be paid, first, from the property charged with the debts by the terms of the will; and, unless otherwise directed by the will, next, from the residuum or the undevised estate; next, from general legacies, which shall abate pro rata; and, finally, specific legacies shall contribute. Code §§ 113-821, 113-1509. No provision was made for the payment of debts in the will construed by the judgment under review.

It is conceded by the appellants in the main appeal that a legacy accepted by a widow under a will in lieu of dower and…