 | Great Britain. Court of Chancery - 1872 - 992 strani
...personal assets immediately, or as soon as it can be done in the course of administration. Therefore the personal estate is the primary fund for the payment of debts. To a great extent the same thing is applicable to legacies ; that is to say, legacies given simpliciter... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 strani
...aid of or in exoneration of the personalty, may be and frequently is created by implication merely. The personal estate is the primary fund for the payment of debts and legacies. If the testator therefore gives a legacy without specifying who shall pay it, or out... | |
 | Nathan Howard (Jr.) - 1872 - 646 strani
...judgment debtor, be maintained against his personal representative and heir at law as co-defendants ? The personal estate is the primary fund for the payment of debts of deceased persons, and such has been the law time out of mind. (Lupton agt. Lupton, 2 John., ch.... | |
 | Isaac Fletcher Redfield - 1877 - 810 strani
...the land devised, the real estate will be first resorted to for the payment of the debts, recognizing the general rule, that the personal estate is the primary fund for that purpose. 27 Manning v. Spooner, 3 Vesey, 114. 2s 2 Brown's CC 257. Lord Thurlow, with his characteristic... | |
 | William Wait - 1878 - 1000 strani
...Bruner's Appeal, 1 Watts & Serg. 269 ; Hannegan v. Hannah, 7 Blackf . 353 ; Vol. 1, 352, 353. Although the personal estate is the primary fund for the payment of debts, yet the testator may charge his real estate with the payment of them ; and in such case the creditors... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1880 - 708 strani
...estate has not been administered npon within one year after the death of the testator, or is intestate. The personal estate is the primary fund for the payment of debts, and it is only in the event that such estate is insufficient, that the heir is liable in respect of... | |
 | Virginia. Supreme Court of Appeals - 1880 - 1036 strani
...way forfeited his right by laches or other causes. There is no injustice in this. The creditor knows that the personal estate is the primary fund for the payment of debt?, and that he has no right to resort to the realty except in case of a deficiency. He is not acquainted... | |
 | Thomas Jarman - 1881 - 954 strani
...founded in any preference of one portion of the real estate over another, but proceeds upon the idea that the personal estate is the primary fund for the payment of those debts for which the testator was personally liable unless, by express words, or otherwise, a... | |
 | 1887 - 956 strani
...hands of the assignees; whereas in reality only $5,062 was realized from the sale. They invoke the rule that the personal estate is the primary fund for the payment of an insolvent's debts, and they ask that the holder of the old bond upon the satisfied mortgage shall... | |
 | 1908 - 1160 strani
...Miller v. Cooch, 5 Del. Ch. 161, 173, Chancellor Saulsbury says: "It Is a general rule — a settled rule — that the personal estate Is the primary fund for the payment of funeral and testamentary expenses, debts, and legacies; and this general rule must in every case be... | |
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The personal estate is the primary fund for the payment of debts and legacies. 
