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legatees of fractional parts of the specified fund to abate since if there had been an excess of the funds he as residuary legatee would have been entitled to it. So if there be a deficiency it is only equitable that his share should be less in that proportion.There can be no doubt as to the residuary nature of the bequest of the surplus of the fund. Three several bequests of fractional parts of this particular fund each for a specific sum are previously made two of them to testators niecesnnd then the remainder of the fund if any there should be which was obviously doubtful Oakley Sunglasses in testators mind is given equally to the same two nieces. This is beyond all question a residuary bequest; and being so it is first liable to be applied to the discharge of the debts of the estate. The appellants and crossappellants assign as error the distribution made by the trial court Nike Air Max and which assignments present the question as to what distribution under the will should be made of the estate after the payment of all debts and expenses of administration. There came into the hands of the executors from all sources the sum of . This total sum was composed of the proceeds of the sale by the executors of the mining property directed to be sold by the fourth subdivision of the will thethe certificate of deposit and North Face Outlet Store money and a small amount from various other sources. This total estate was entirely disposed of by legacies. There are three kinds or classes of legacies Involved in this distribution viz demonstrative general and residuary; the specific legacy of household goods not being Involved in the Issues on this appeal. The total face or primary value of all these money legacies entirely leaving out of consideration the question of any indebtedness was as follows:One demonstrative legacy to the wife being onethird of the proceeds of the sale of the mining propertyFour demonstrative legacies to thenieces and nephew One demonstrative joint legacy toMrs. Jewett and daughter One general legacy of wife under part of will H.Residuary legacies to four sisters.Total gross legacies equaling total gross assets The total debts costs and Nike Australia expense of administration as shown by the record is leaving a net estate to be distributed of . There was no property appropriated by this will for the The North Face Outlet payment of debts and no property not disposed of by the will. It necessarily follows that there must be abatement of legacies for North Face Outlet the payment of debts. Abatement is defined to be reduction or subtraction from a legacy to pay debts.Pom. E Jur.;Cyc. S. The question then arises in this case as to whose legacies must abate to pay the debts and costs of administration. There being nothing in this estate from which to pay debts other than legacies under section Civil Code resort must be had to the legacies in the following order:To residuary legacies;to general legacies ratably;If necessary to specific and demonstrative legacies ratablydemonstrative legacies under the circumstances of this case being classified as specific.Pom. E Jur.S lays down the rule that If the fund out of which a demonstrative legacy is payable exists as a part of the testators estate at his death demonstrative legacies are governed by the same rules as specific legacies and abate only with them ratably but if the fund does Nike Air Max 90 not exist that then the otherwise demonstrative legacy becomes and Is a general legacy and abates In the class with general legacies. In this case the fund from which the demonstrative legacies were directed to be paid is in existence and constitutes the larger The North Face Outlet Store part of the estate.Cyc. ; Schouler on Wills and Administration p notesand ; Schouler on Willsa and ; Jarman on Wills pODay v. ODayMoS. WL. R. A. N. S and note; Stilphens CaseMeAtlAnn. Cas and note.We are of the view that the word Nike Shoes Australia specifically as used in subdivisionof section Civ.
