In the case of a simple bequest of a life annuity1, where the testator's estate is sufficient, the annuitant may only claim to have such a sum set apart as will make it practically certain that the annuity will be paid2; he may not claim to be paid the value of the annuity in cash3.
Where the estate is insufficient, the annuitant may claim that the annuity should be valued, and that the amount of the actuarial valuation, subject to abatement in proportion to the abatement of the pecuniary legacies, should be paid to him in cash
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