| Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1892 - 698 strani
...administrator of his duties, nor should their right be dependent upon his integrity or negligence. The personal estate is the primary fund for the payment of debts, and only after applying it to their discharge, and there remains a deficiency, does the land become... | |
| Theodore William Dwight - 1894 - 940 strani
...land may be resorted to in case the personal property is insufficient. It is a general rule of law that the personal estate is the primary fund for the payment of debts and legacies, and the rule prevails, even though the land be "charged" with their payment. The principle... | |
| Frank Frederick Brightly - 1896 - 1234 strani
...son, in the hands of the latter's vendee. South Mahoning v. Marshall, 138 PS 670 ; sc 27 WNC 226. 68. The personal estate is the primary fund for the payment of debts and legacies, and where the real estate is specifically devised it cannot be resorted to for the payment... | |
| New York (State). Supreme Court. Appellate Division - 1896 - 746 strani
...Appellant calls our attention to Sevan v. Cooper (72 XY 317), in which case the general rule was laid down that the personal estate is the primary fund for the payment of legacies, and that it is the only fund unless express direction or clear intent is found in and may... | |
| New York (State). Courts - 1898 - 878 strani
...proceeds of the rea! estate, and that the personal estate should be exonerated, the rule still applying that the personal estate is the primary fund for the payment of debts. Matter- of Neely, 255. 8. Power to sell real estate — Increasing Income of .ue tenant by a sale of... | |
| Virginia. Supreme Court of Appeals - 1898 - 824 strani
...Subject to the modification indicated by this classification, and in the sense which it explains, it is the general rule that the personal estate is the primary fund for the discharge of the debts, and is to be first applied and exhausted, even in payment of •debts for which... | |
| 1892 - 640 strani
...Neither the Auditor nor the Court below has cited any authority for this proposition. It may be conceded that the personal estate is the primary fund for the payment of the debts and legacies, and that where the real estate is specifically devised, it cannot be resorted... | |
| 1899 - 888 strani
...estate (there being an insufficiency of personal assets) is chargeable with the payment of legacies. "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... | |
| 1903 - 708 strani
...defendant, the Bank, from proceeding in the foreclosure of its mortgage upon the land, on the ground, that the personal estate is the primary fund for the payment of debts ; and that complainants are entitled to have the real estate exonerated from the incumbrance 128 *of... | |
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