 | 1850 - 644 strani
...estate. The annuities also are not charged on the Netley estate in exoneration of the personal estate. The personal estate is the primary fund for the payment of debts, but every part of the will must receive a construction ; the mere expression of an intention to pay... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1853 - 680 strani
...to me that the ordinary rule as to the administration of real and personal estate must apply here. The personal estate is the primary fund for the payment of debts and legacies, and the real estate is charged as a subsidiary fund, which must mean with what remains... | |
 | John Peter De Gex, John Jackson Smale - 1853 - 938 strani
...being therein specified, and though not being wasting investments, must be converted. — -Held, also, that the personal estate is the primary fund for the payment of the debts and legacies, and that the real estate i» a subsidiary fund only for their payment. of 15001.... | |
 | John Bouvier - 1854 - 756 strani
...reason that the personal as well as the real representatives should be brought before the court, because the personal estate is the primary fund for the payment of debts, and ought to be applied in ease of the land ;(a) the heir, therefore, has a right to insist that it... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 728 strani
...payment of debts, before resorting to that, which he has given specifically. It has already been stated, that the personal estate is the primary fund for the payment of debts, and that the mere circumstance that they are also a lien upon the land, will not exonerate the personalty... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 924 strani
...then, as to cases not coming within the operation of the Act : it i« clear that in accordance with the general rule, that the personal estate is the primary fund for payment of debts, unless by express words or manifest intent it is exempted, the personal estate is... | |
 | Oliver Lorenzo Barbour - 1860 - 712 strani
...rents and profits thereof, and to apply the said rents and profits to the use of such child," &c. II. The personal estate is the primary fund for the payment of debts and legacies, and the legal presumption is, where a legacy is given without any specification as to... | |
 | North Carolina. Supreme Court - 1873 - 626 strani
...land by deed ; hence, the old form, " For the payment of which I hereby bind myself and my heirs." The personal estate is the primary fund for the payment of debts. An heir who paid a specialty debt, ie a bond in which he is expressly charged, had relief in equity,... | |
 | North Carolina. Supreme Court - 1870 - 952 strani
...the testator. In order to ascertain what is embraced under this clause, according to a well settled rule that the personal estate is the primary fund for the payment of debts and pecuniary legacies, it is necessary to take out of the personal estate enough to pay debts. Then... | |
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The personal estate is the primary fund for the payment of debts and legacies. 
