#### WILSON W. RICKS v. THE ROCKY MOUNT SAVINGS AND TRUST COMPANY, THOS. H. BATTLE, H. E. BREWER, A. P. THORP and T. E. RICKS, as Trustees of the Estate of R. H. Ricks, Deceased.

(Filed 12 September, 1928.)

Wills — Rights and Liabilities of Devisees and Legatees — General Devises and Bequests.

A legatee, ordinarily, is not entitled to compensation for loss be may ■ have sustained by reason of tbe diminution of tbe value of bis legacy ■or for bis failure or inability to collect tbe purchase price thereof.

' ■ Appeal by plaintiff from Barnhill, J., at Chambers, 16 June, 1928. From Nash.

Affirmed.

• T. T. Thorne and Q. M. Fountain for plaintiff.

Battle & Winslow for defendant.

Per . Curiam.

The court below rendered the following judgment: “The court having heard argument and fully considered same, is of the opinion that the defendant trustees have no power under the provisions q£ .’the will referred to upon the facts alleged in the complaint and admitted in the answer to make compensation to the plaintiff for any loss he may have sustained by reason of diminution of the value of his legacy, or his, failure or inability to. collect the purchase price thereof. Wherefore,- the plaintiff’s action is dismissed, the court in its discretion directing, that the defendants, out.of the trust• estate, pay the cost thereof.”

,.;Prom a careful reading, of the record, the will of R. H. Ricks and codicils,, and briefs of the- parties, we think the judgment of the court below correct. The judgment is

Affirmed.