Special legacies suffer not abatement with general legacies, when left in the same writ; but because legacies are ambulatoty, a legacy was found to derogate from a former legacy.
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Umouhile George Gordon, messenger, having granted a bond of provision of 8000 merks, to Trails his oye, and ordained his son Mr George to satisfy the same, by assigning such bonds as he thought fit, and having also granted assignations on his death-bed to the said Mr George of the most part of his bonds; Trails pursues him for payment, who alleged, that the pursuer's provision on death-bed is but effectual as a legacy against dead's part, and albeit the assignations made to the defender were accounted as legacies, yet they are as special legacies, and the pursuer's provision is but a general legacy; and it is a certain rule, that special legacies are never affected or abated by general legacies. It was answered, That the rule holds in legacies granted in the same writ, and at the same time; but all legacies being ambulatory, the testator may alter or recal them any way he pleases. Ita est, The pursuer's provision is long posterior to the assignation granted to the defender, and bears expressly to be paid by him in money, or by assignment of the defunct's bonds, which therefore burdens the former assignations, which are effectual as legacies;
