Lodge v. Grubb

The Chancellor.

The pecuniary legatees named in the original will were such in a dual capacity, first, as beneficiaries of the particular legacies given respectively to each, and second, as proportionate sharers of the residue. There were thus two legacies given to each. So far were those two legacies from being dependent on each other, that if by a codicil the particular legacy to any one had been revoked, the legacy to that one of a share in the residue would, in the absence of an expressed intent to the contrary, have remained undisturbed. Wetmore v. Parker, 52 N. Y. 450; Colt v. Colt, 32…