Marshall v. West

The Chancellor:

First. Was the legacy adeemed by transfer and delivery of the two thousand dollars insurance policy?

• “A legacy is not adeemed by a gift made before the execution of the will in which the legacy was given.” This is taken from 28 R. C. L., p. 350, par. 346, and correctly states the general principle. It is supported by Jaques v. Swasey, 153 Mass. 596, 27 N. E. 771, 13 L. R. A. 566; In re Crawford, 113 N. Y. 560, 21 N. E. 692, 5 L. R. A. 71; Zeiter v. Zeiter, 4 Watts (Pa.) 212, 28 Am. Dec. 698; Jones v. Richardson, 5 Metc. (Mass.) 247. In the last cited case, Chief Justice Shaw…