(a) Demostrative legacy:
This is a testamentary gift which is in its nature general but which manifests an intention
that the gift shall be primarily satisfied out of a fund or a specified part of the property
of the testor, but shall upon failure of that fund or property, be met from the general
estate.
(b) General legacy:
This is a testamentary gift whether specific or general described in general terms to be
provided out of the general estate of the testor whether or not also charged on any
specific part of his estate.
(c) Pecuniary legacy:
Include an annuity in the general legacy, demonstrative legacy so far as it is not
discharged out of the specified fund or property, and any other general direction by the
testator for the payment of money including all death duties free from which any gift
made to take effect.
(d) Special legacy:
This is a testamentary gift of a particular part of the property of the testator. It identifies
that part by a sufficient description whether in specific or general terms, and manifests
an intention that that part shall be enjoyed or taken in the state and condition indicated
by that description.
OR
Identify and explain the four classifications of legacies
(i) Specific legacy is a testamentary gift of a particular part or the property of the testator, which identifies the part of a sufficient description whether in specific or in general terms and manifests an intention that that part shall be in enjoyed or taken in the state and condition indicated by that description.
(ii) General legacy is a testamentary gift, whether specific or general, of property described in general terms to be provided out of the general estate of the testator, whether or not also charged on any specific part of his estate.
(iii) Demonstrative legacy is a testamentary gift which is in its nature general but which manifests an intention that the gift shall be primarily satisfied out of a special fund or a specified part of the property described in general terms to be provided out of the general estate of the testator, whether or not also changed or any specific part of his estate.
(iv) Residual legacy is a gift of the remainder of the estate of the deceased after all their legacies have been paid.
maurice.mutuku answered the question on April 27, 2018 at 12:17
- Stanley leased his house at Highlands Gardens to Oliver. The lease agreement
was signed by both parties and the lease was to run for a period...(Solved)
Stanley leased his house at Highlands Gardens to Oliver. The lease agreement
was signed by both parties and the lease was to run for a period of two years.
Stanley has been having domestic problems with his wife. Recently, Stanley‟s
wife stormed into the premises lease to Oliver and threatened to evict him and
his family if they did not vacate the leased premises. Oliver has not breached
any of the terms of the lease agreement and is aggrieved.
Advise Oliver on his legal rights and the remedies available to him.
Date posted: April 27, 2018. Answers (1)
- Explain the term “freehold interest in land.”(Solved)
Explain the term “freehold interest in land.”
Date posted: April 27, 2018. Answers (1)
- State and briefly explain the characteristics of joint tenancy.(Solved)
State and briefly explain the characteristics of joint tenancy.
Date posted: April 27, 2018. Answers (1)
- Saida planned to stage a big band concert and engaged a number of eminent musicians.
She paid each musician 10% of the agreed fee at the...(Solved)
Saida planned to stage a big band concert and engaged a number of eminent musicians.
She paid each musician 10% of the agreed fee at the time the separate contracts were
made. Five days before the concert, Saida was informed that three of the musicians
Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed
ridden with acute bronchitis. Omar was unable to attend the concert as his country was
engaged in war and Mike could not show up because his fees was not large enough.
Saida was concerned and feared that the concert would be a failure. Saida therefore
decided to cancel the concert. Saida seeks your advice on her legal rights against the
three musicians.
Advise Saida.
Date posted: April 27, 2018. Answers (1)
- Giving illustrations, explain the postal rules that govern offer and acceptance where
contracts are communicated and concluded through post.(Solved)
Giving illustrations, explain the postal rules that govern offer and acceptance where
contracts are communicated and concluded through post.
Date posted: April 27, 2018. Answers (1)
- Explain the establishment and jurisdiction of the Rent Tribunal.(Solved)
Explain the establishment and jurisdiction of the Rent Tribunal.
Date posted: April 27, 2018. Answers (1)
- State two forms of judicial precedents(Solved)
State two forms of judicial precedents
Date posted: April 27, 2018. Answers (1)
- Explain the meaning of judicial precedent.(Solved)
Explain the meaning of judicial precedent.
Date posted: April 27, 2018. Answers (1)
- A statute may have a provision whose meaning is not clear. It is then the duty of the
court to interpret it. In relation to the...(Solved)
A statute may have a provision whose meaning is not clear. It is then the duty of the
court to interpret it. In relation to the above statement, detail the rules that govern such
statutory interpretation.
Date posted: April 27, 2018. Answers (1)
- Citing decided cases, explain the doctrine of “Ultra vires.”(Solved)
Citing decided cases, explain the doctrine of “Ultra vires.”
Date posted: April 27, 2018. Answers (1)
- Distinguish between Incorporated and unincorporated associations.(Solved)
Distinguish between Incorporated and unincorporated associations.
Date posted: April 27, 2018. Answers (1)
- Explain the various forms of a qualified acceptance of a bill of exchange.(Solved)
Explain the various forms of a qualified acceptance of a bill of exchange.
Date posted: April 27, 2018. Answers (1)
- Outline the characteristics of a promissory note.(Solved)
Outline the characteristics of a promissory note.
Date posted: April 27, 2018. Answers (1)
- Outline the ways in which a bill of exchange may be discharged.(Solved)
Outline the ways in which a bill of exchange may be discharged.
Date posted: April 27, 2018. Answers (1)
- Harry and Thuku agreed to meet for a business lunch at a restaurant in town. During
the lunch, Chuma one of Thuku's friends joined the two...(Solved)
Harry and Thuku agreed to meet for a business lunch at a restaurant in town. During
the lunch, Chuma one of Thuku's friends joined the two and began to
participate in the discussions. Chuma told Harry that he was Thuku's agent
to which Thuku did not object.
A week later, Chuma obtained goods on credit from Harry, allegedly on behalf of
Thuku.
Chuma has since disappeared and Harry is demanding payment from Thuku.
Advise Thuku.
Date posted: April 27, 2018. Answers (1)
- In the law of agency, describe the legal requirements for a valid ratification.(Solved)
In the law of agency, describe the legal requirements for a valid ratification.
Date posted: April 27, 2018. Answers (1)
- What is ratification as used in the law of agency?(Solved)
What is ratification as used in the law of agency?
Date posted: April 27, 2018. Answers (1)
- Mwisho bought goods from Mwezi and paid for the goods by cheque. When Mwezi
presented the cheque to the bank for payment, it was dishonoured.
Advise Mwezi...(Solved)
Mwisho bought goods from Mwezi and paid for the goods by cheque. When Mwezi
presented the cheque to the bank for payment, it was dishonoured.
Advise Mwezi on his legal rights with regard to the goods.
Date posted: April 27, 2018. Answers (1)
- Explain the duties of the buyer towards the seller.(Solved)
Explain the duties of the buyer towards the seller.
Date posted: April 27, 2018. Answers (1)
- Explain four categories of unascertained goods.(Solved)
Explain four categories of unascertained goods.
Date posted: April 27, 2018. Answers (1)