residuary clause

A clause in a will which purports to dispose of that part of the estate which is left after other legacies and devises have been paid and all legal claims against the estate discharged. 57 Am J1st Wills § 1415. The term seems to contemplate the former provisions in the will to carry into effect the wishes of the testator as to the disposition of his estate, and is used to cover all that remains after such former dispositions of property have been carried out. Morgan v Huggins (CC Ga) 48 F 3, 5. The phrase "rest, residue, and remainder" is frequently used in wills to devise and bequeath all of the property of the testator which he has not by his will specifically devised or bequeathed. " 'All the rest, residue, and remainder of my property, both real and personal,' expresses no intent to limit or exclude from the residuum anything personal or real, anything whatever which for any reason might prove to be ineffectually disposed of. It expresses a clear intent on the part of the testator to make a full and complete disposition of his property." Wilson v Sanger, 57 App Div 320, 322, 68 NYS 30. As a rule, an enumeration of specific articles in a residuary clause will not make the bequest specific as to such articles unless they are designated in such a way as to differentiate them from the residue. A bequest of all a man's personal property is a residuary and not a specific legacy, since its import is the same as is expressed by the words, "rest and residue." But a devise of "all the residue of the testator's real estate and personal property not hereinbefore enumerated, as hereinafter described," is a specific bequest of the subsequently enumerated property, and does not entitle the beneficiary to take as a residuary legatee the lapsed legacies and property not enumerated in the bequest to him. 57 Am J1st Wills §§ 1415 et seq.