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Certain gifts by will or testamentary instrument to be deemed legacies under Legacy Duty Acts.
Exemption of sums appointed by will in exercise of power given by marriage settlement.
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4. [Recital] Every gift by any will or testamentary instrument of any person, which by virtue of any such will or testamentary instrument is or shall be payable or shall have effect or be satisfied out of the personal or moveable estate or effects of such person or out of any personal or moveable estate or effects which such person hath had or shall have had power to dispose of, or which gift is or shall be payable or shall have effect or be satisfied out of or is or shall be charged or rendered a burden upon the real or heritable estate of such person, or any real or heritable estate, or the rents or profits thereof, which such person hath had or shall have had any right or power to charge, burden, or affect with the payment of money, or out of or upon any monies to arise by the sale, burden, mortgage, or other disposition of any such real or heritable estate, or any part thereof, whether such gift shall be by way of annuity or in any other form, and also every gift which shall have effect as a donation mortis causâ, shall be deemed a legacy within the true intent and meaning of all the several Acts granting or relating to duties on legacies in Great Britain and Ireland respectively and shall be subject and liable to the said duties accordingly Provided always, that no sum of money which by any marriage settlement is or shall be subjected to any limited power o: appointment to or for the benefit of any person or person therein specially named or described as the object or objects о such power, or to or for the benefit of the issue of any such person or persons, shall be liable to the said duties on legacies under the will in which such sum is or shall be appointed о apportioned in exercise of such limited power.
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