§ 84-1. Legacies classed.

Legacies are distinguished and designated, according to their nature,  as follows:

1.  A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator is specific; if such legacy fails, resort cannot be had to the other property of the testator.

2.  A legacy is demonstrative when the particular fund or personal property is pointed out from which it is to be taken or paid; if such fund or property fails in whole or in part, resort may be had to the general assets as in case of a general legacy.

3.  An annuity is a bequest of certain specified sums periodically; if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy.

4.  A residuary legacy embraces only that which remains after all the bequests of the will are discharged.

5.  All other legacies are general legacies.  R.L. 1910, Sec. 8317.

R.L.1910, § 8317.