 | Joseph Story - 1839 - 658 strani
...understood to mean, that the freehold estate shall be liable according to law to his specialty debts. The case is exactly the same with reference to the...legatees shall not stand in the place of the creditors aguinst the devisees ; for that is upontthe supposition, that there is in the will as strong an inclination... | |
 | 1844 - 530 strani
...that the legatees stand in the place of specialty creditors against real assets descended, adds, " The case is exactly the same with reference to the...the will as strong an inclination of the testator in favour of a specific devisee as a pecuniary legatee; and therefore there shall be no marshalling."... | |
 | 1852 - 1094 strani
...case where the land was devised, but not charged with debts. " The case," observed his Lordship, " is exactly the same with reference to the distinction...the will as strong an inclination of the testator in favour of a specific Jevisee as a pecuniary legatee ; and, therefore, there shall be no marshalling.... | |
 | Joseph Story - 1853 - 890 strani
...understood to mean, that the freehold estate shall be liable according to law, to his specialty debts. The case is exactly the same with reference to the...of a specific devisee as a pecuniary legatee ; and there^ See Cheeseborough v. Millard, 1 Juhns. Ch. R. 413; Evertson v. Booth, 19 Johns. R. 486 ; Hayes... | |
 | Great Britain. Court of Chancery - 1853 - 880 strani
...doctrine of marshalling as applicable to such a case as the present. " The case," observed his Lordship, " is exactly the same with reference to the distinction...the will as strong an inclination of the testator in favour of a specific devisee as a pecuniary legatee, and therefore there shall be no marshalling. But... | |
 | Joseph Story - 1873 - 1008 strani
...understood to mean, that the freehold estate shall be liable according to law, to his specialty debts. The case is exactly the same with reference to the...devised, the legatees shall not stand in the place ot the creditors against the devisees ; for that is upon the supposition, that there is in the will... | |
 | Stephen Martin Leake - 1874 - 612 strani
...should contribute rateably with legatees was disregarded as being " clearly amistaken decision." — " Where lands are specifically devised the legatees...the will as strong an inclination of the testator in favour of a specific devisee as a pecuniary legatee, and therefore there shall be no marshalling."... | |
 | Stephen Martin Leake - 1874 - 612 strani
...should contribute rateably with legatees was disregarded as being " clearly a mistaken decision." — " Where lands are specifically devised the legatees...against the devisees, for that is upon the supposition tlint there is in the will aa strong an inclination of the testator in favour of a specific devisee... | |
 | Joseph Story - 1877 - 936 strani
...understood to mean, that the freehold estate shall be liable according to law, to his specialty debts. The case is exactly the same with reference to the...favor of a specific devisee as a pecuniary legatee ; creditor, who has a right upon one only of them, both belonging to the same debtor. The former may... | |
 | Joseph Story - 1884 - 1164 strani
...freehold estate shall be liable, according to law, to his specialty debts. The case is exactly the !>ame with reference to the distinction taken, that where...the will as strong an inclination of the testator in favour of a specific devisee us a pecuniary legatee ; and, therefore, there shall he no marshalling.... | |
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... liable to the whole of the debt a copyhold estate, not in law liable; and who, having also a freehold estate, must be understood to mean, that the freehold estate shall be liable according to law to his specialty debts. The case is exactly the same... 
