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" The personal estate is the primary fund for the payment of debts and legacies. "
The Law's Disposal of a Person's Estate who Dies Without Will Or Testament ... - Stran 289
avtor: Peter Lovelass - 1823 - 442 strani
Celotni ogled - O knjigi

Reports of Cases Argued and Determined in the Court of the Vice ..., Količina 5

Great Britain. Court of Chancery - 1822
...no Case we have been able to discover that has decided this point. Evelyn v. Evelyn (a) decides only that the personal Estate is the primary Fund for the payment of a mortgage Debt. The Assets of the Mortgagor were augmented in consequence of the Mortgage. If the...
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A Treatise on the Law of Legacies, Količina 1

Roper Stote Donnison Roper - 1829
...Payment of Legacies. 1. Out of what fund. It is a general rule, as was noticed in the twelfth chapter,(s) that the personal estate is the primary fund for the payment of legacies. When the real estate is merely charged with those demands, the personal assets are to be...
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Reports of Cases Decided in the High Court of Chancery [1829-1830]: By the ...

Great Britain. Court of Chancery, John Tamlyn - 1831 - 547 strani
...to the payments thereinafter mentioned, and to all such incumbrances as might happen to be thereon." The personal estate is the primary fund for the payment of debts, and there must appear a clear intent on the part of the testator to exempt that fund ; it has been...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Količina 1

New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1847
...7 Ves. Rep. 149. Watson v. Birchwood, 9 Idem, 447. Bootle v. Blundell, 1 Mer. Rep. 193.) It is also the general rule that the personal estate is the primary fund for the payment of legacies, although such legacies are charged upon real estate ; whether such real estate be devised...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 27

Alabama. Supreme Court - 1856
...remedy. — Ex parte King. . . 387 MABSHALLING ASSETS. 1. English doctrine. — In England, though the personal estate is the primary fund for the payment of debts, yet the testator himself, by express direction or plain implication, might devote his realty to that...
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Reports of Cases Decided in the High Court of Chancery: With ..., Količina 29

Great Britain. Court of Chancery - 1847
...[4] See The Duke of Cumberland v. Codrington, 3 Johns. Ch. Rep. 226, wliere, although it is admitted that the personal estate is the primary fund for the payment of a charge upon the land, created by the ancestor ; yet in that case, the ancestor having taken a conveyance...
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The Law of Debtor and Creditor in the United States and Canada: Adapted to ...

James Philemon Holcombe - 1848 - 508 strani
...personal property, unless specially excepted. (b) Liability of real estate for payment of debts. — The general rule that the personal estate is the primary fund for the payment Effect of Death upon the Rights of Creditors. of debts, and must first be applied thereto, prevails...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Količina 2

New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1848
...and settlement of the estate closed, within a year or fifteen months from the death of the intestate. The personal estate is the primary fund for the payment of debts. And that must be exhausted before a creditor can resort to the real estate of the decedent. There is...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Količina 3

New York (State). Court of Chancery - 1848
...question were between Lambert and-the residuary legatees, the former as devisee would prevail, because the personal estate is the primary fund for the payment of debts. The statute relative to mortgage debts, does not apply to a devise of lands subject to the payment...
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A Treatise on the Law of Mortgage

Richard Holmes Coote - 1850
...second branch of inquiry, viz., the cases on which no question has been made as to the application of the general rule, that the personal estate is the primary fund for the payment of the mortgage debt; but the doubt has been whether the loan was the proper debt of the party. Of this,...
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