 | William Ward - 1826 - 536 strani
...testator enables a legatee, as vvell as a creditor, to call for this species of marshalling ; that if the creditors, having a right to go to the real estate descended, will go to the personal estate, their choice shall not determine, whether the legatees shall be paid or not.0 Hence a legatee, whether... | |
 | Roper Stote Donnison Roper - 1829 - 668 strani
...heir-at-law. In the case of Mdrich v. Cooper,(o) Lord Eldon observes, " In the (n) Amb. 127. . (o) 8 Ves. 396. cases of legatees, against assets descended, a legatee...not determine, whether the legatees shall be paid or not."(p) The rule was admitted in the case of Scott v. Scott.(q) There Scott devised to Henry his eldest... | |
 | Leonard Shelford - 1836 - 1090 strani
...legatees to require assets to be marshalled, and therefore if such creditors as have a right to resort to the real estate descended will go to the personal estate, the choice of the creditors will not determine whether the legatees shall be paid or not (in). Lord ffardwicke adopted a similar... | |
 | Maryland. High Court of Chancery, Theodorick Bland - 1841 - 706 strani
...exceptions thereto, so far as the same may be at variance with these directions, are hereby overruled. the personal estate, the choice of the creditors shall...determine whether the legatees shall be paid or not. So that wherever there ties are hereby authorized to take testimony in relation to the said account... | |
 | Roper Stote Donnison Roper, Henry Hopley White - 1847 - 1000 strani
...of Aldrich v. Cooper (y), Lord Eldon observes, " In the cases of legatees, against assets detcended, a legatee has not so strong a claim to this species...determine, whether the legatees shall be paid or not " (z). The rule was admitted in the case of Scott v. Scott (a). There Scott devised to Henry his eldest... | |
 | Joseph Story - 1853 - 890 strani
...against assets descended, a legatee has not so strong a claim to this species of Equity as a creditov. But the mere bounty of the testator enables the legatee...will go to the personal estate, the choice of the ereditors shall not determine whether the legatees shall be paid, or not. That, in some measure, is... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 728 strani
...Roberts, Amb. 12^ ; SC, Dick. 105. " For although," as observed by Lord Eldon, in the principal case, " in the cases of legatees against assets descended,...determine whether the legatees shall be paid or not.'' And see Culpepper v. Ashton, 2 Ch. Ca. 117; Tipping v. Tipping, 1 P. Wins. 730 ; Lucy v. Gardener,... | |
 | Joseph Story - 1866 - 860 strani
...Cooper, 8 Ves. 396, Lord Eldon referred to many cases of this sort, and, among other things, said : " The cases, with respect to creditors and other classes...not determine whether the legatees shall be paid or riot. That, in some measure, is upon the doctrine of- assets ; but with relation to the fact of a double... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 916 strani
...the testator enables the legatees to call for this species of marshalling ; that if those ereditors, having a right to go to the real estate descended,...will go to the personal estate, the * choice of the ereditors shall not determine whether the legatees shall be paid or not." And on the same principle... | |
 | Thomas Jarman - 1881 - 954 strani
...debtor. A mere bounty of the testator enables the legatee to call for this species of marshaling ; that if those creditors, having a right to go to the...determine whether the legatees shall be paid or not. So that wherever there is a double fund, though this court will not restrain a parly, yet he shall... | |
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In the cases of legatees against assets descended, a legatee has not so strong a claim to this species of equity as a creditor. But the mere bounty of the testator enables the legatee to call for this species of marshalling ; that, if those creditors,... 
