Opinion
JANUARY TERM, 1792.
Rawle, for the plaintiff, urged, that the words were broad enough to cover the debts due to the Testatrix. He referred to 12 Co. p. 1. 1 Atk. 171. 177. 180. 4 Mod. 156. 1 Vez. 369. 173. Co. 33. b. 1 P. Wms. 267. Brown 127. and, without reading the authorities, desired that the point might be reserved: But,
THIS was an action brought to recover the amount of a bond, in favor of the Testatrix, which the Executor had received. The plaintiff claimed it as a legacy, under the following words in the will: "Item, I give and bequeath unto Mary " Jackson, wife of William Jackson, all my wearing apparel, "household furniture, plate, linen, books, and every moveable " whatsoever." The Testatrix then proceeds to give a variety of legacies in cash, and bequeaths the rest and residue of the estate to Samuel Robison, and others. Her personal estate was about £ 2000, principally out at interest; but she had no real estate.
BY THE COURT: — We have no doubt at present. The meaning of the Testatrix is plain enough. If the plaintiff's construction were right, all the rest of the will would be destroyed. In this case, moveables must be confined to things of the same nature with those before specified. Let there be a verdict for the defendant, with liberty for the plaintiff to move for a new trial, if, on consideration, he think his position tenable.
Verdict for the Defendant.