The defendant Louise Plews appeals, pursuant to certification granted by this court, from an adverse construction of the will of Gustavus C. Seidel, deceased. See Busch v. Plews, 19 N.J. Super. 195 ( Ch. Div. 1952), affirmed 21 N.J. Super. 588 ( App. Div. 1952). Mr. Seidel died on September 23, 1922 leaving a last will and testament which was duly probated.
The distinction was commented upon in Busch v. Plews, 19 N.J. Super. 195, 204, 88 A.2d 264 (Chanc. 1952), aff'd 21 N.J. Super. 588, 91 A.2d 625 (App.Div. 1952) aff'd 12 N.J. 352, 96 A.2d 761 (1953), as follows: The distinction between a general legacy and a specific legacy is that the former may be satisfied out of the general assets of the testator's estate without regard to any particular fund, thing or things, while the latter are gifts of particular specified things or the proceeds of a sale of such things, or of a specific fund or a portion thereof.
Busch v. Plews, 19 N.J. Super. 195, 204 (Ch. Div. 1952), aff'd 21 N.J. Super. 588 (App. Div. 1952), aff'd 12 N.J. 352 (1953). A general legacy is "a bequest of personal property payable out of the general assets of the testator's estate rather than from specific property included therein."