Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific.
Illustrations
(i) A bequeaths to B—
(ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors “Government promissory notes for 10,000 rupees in trust to sell” for the benefit of B. The legacy is specific.
(iii) A, having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific.
(iv) A bequeaths to B—
(v) A by his Will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific.
(vi) A bequeaths a sum of money—
(vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. No one of these legacies is specific.