Dearlove v. Otis

A specific devise of money will not be charged against a specific devise of real estate, although there be a deficiency of personal assets.

Prior to 1838, in England, a testator could only devise the real estate to which he was actually entitled at the time of making his will. From this was deduced the rule that every residuary devise, however general in its terms, is in its nature specific, being in fact the specific disposition of the lands not before given or not before expressed to be given in the will. 1st Jarman on Wills, 645; 5th Am. from 4th Eng. Ed.; Howe v. Earl of Dartmouth, 7th…