Estate of Haberli

The following issues are raised on this appeal:(1) Was the testamentary gift a specific or a demonstrative legacy;(2) If a specific legacy was created, was it adeemed by extinction; and(3) Was the testatrix’s intention to have all of the children share equally in the estate?

Type of Testamentary Gift.

The testamentary gift to Laura Naumann can only be a specific legacy.

“A specific legacy may be defined as a bequest of a particular, individualized chattel, fund, or portion of the testator’s personal estate, which is set apart from the balance of his property and which is differentiated from all…