Wills – Legacies – Presumption of Satisfaction of Debt

Petitioners, the residuary legatees under their father’s will, sought an accounting of dividends from stocks and rents from real property belonging to them but which had been collected by their father during his life and commingled with his own assets. The will did not state that the legacy to petitioners was intended to be in satisfaction of claims against the estate. To review an order of the chancellor requiring them to elect between accepting the legacy or prosecuting their claims against the estate petitioners brought certiorari. Held, certiorari granted, order requiring election quashed, and cause remanded. There is no presumption that a legacy to a creditor of the estate is in satisfaction of the debt owed to him. A legacy will operate in satisfaction of a debt only where the will indicates this to be the intention of the testator. Lopez v. Lopez, (Fla. 1957) 96 S. (2d) 463.