Johnson v. Poulson

The opinion of the court was delivered by

Dodd, J.

The question in this case is, whether three legacies of $2,000 each, given by the testator to his daughters, are chargeable on his farm. The argument that they are, was drawn not from any express words in the will, but exclusively from what was claimed to be the legal effect of the residuary clause. It was contended that the legacies are payable out of the laud, by virtue of the rule of construction adopted by this court in Corwine v. Corwine, 9 C. E. Gr. 579, namely, that where legacies are given generally and the residue of the real and…