Ward v. Bush

Stevens, V. C.

By her will Mary A. Van Ortwick made the following bequest: “Item. I give and bequeath unto Dr. J. J. Daly, of Rahway, N. J., the sum of one thousand dollars for value received.” Dr. Daly died in the lifetime of testatrix, and the question is whether the legacy lapsed. The rule is that a legacy does not lapse when given to pay a debt. It has been so held even *145where the debt was barred by the statute of limitations at the time testator made his will. Williamson v. Naylor, 3 Younge & Coll. Ex. 208; Philips v. Philips, 3 Ha. 281; Turner v. Martin, 7 DeG., M. & G. 429. The case is…