Under the traditional rule, ________ devises abate first, then _________ devises, then ______ and ______ devises.

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Multiple Choice

Under the traditional rule, ________ devises abate first, then _________ devises, then ______ and ______ devises.

Explanation:
Abatement answers how to scale back gifts when there aren’t enough assets to satisfy all bequests. The older rule treats bequests by how fixed they are: residuary gifts are the least fixed, followed by general gifts, with the most fixed categories at the end. Under this approach, residuary devises are reduced first, then general devises, and only after those are cut back do you touch the more fixed forms—specifically, you reduce a specific devise before a demonstrative one. That’s why the traditional sequence is residuary, then general, then specific, and finally demonstrative. So, an estate would first abate residuary devises, then general devises, and last the specific and demonstrative devises, with the specific reduced before the demonstrative. The other options would place a more fixed or less flexible gift earlier in the process, which isn’t how this rule is typically applied.

Abatement answers how to scale back gifts when there aren’t enough assets to satisfy all bequests. The older rule treats bequests by how fixed they are: residuary gifts are the least fixed, followed by general gifts, with the most fixed categories at the end. Under this approach, residuary devises are reduced first, then general devises, and only after those are cut back do you touch the more fixed forms—specifically, you reduce a specific devise before a demonstrative one. That’s why the traditional sequence is residuary, then general, then specific, and finally demonstrative.

So, an estate would first abate residuary devises, then general devises, and last the specific and demonstrative devises, with the specific reduced before the demonstrative. The other options would place a more fixed or less flexible gift earlier in the process, which isn’t how this rule is typically applied.

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