Holcomb v. Mullin

Hart, J.,

(after stating the facts). A specific legacy or devise is a gift by will of a specific article or part of the testator’s estate, which is identified and distinguished from all other parts of the -same kind, and which may be satisfied only by the delivery of the particular thing. 28 R. C. L., pp. 289 and 291; Kenaday v. Sinnott, 179 U. S. 606; case note to 11 L. R. A. ( N. S.) p. 55; and case note to 10 Ann. Cas. p. 490. Tested by the definition just stated, the legacy to Joe Mullin was a specific legacy, and the various devises in the will were specific devises.

This brings us to a…