An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England; Comprising the Reported Cases from 1756 Volume 10

An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England; Comprising the Reported Cases from 1756 Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...Babbage v. Ooulburn, 9 L. R., Q. B. Div. 235; 51L. J., Q. B. Div. 638; 46 L. T., N. S. 283; 30 W. R. 950--D.; afiirined, 9 L. R., Q. B. Div. 237, n.; 46 L. T., N. S. 794; 30 W. R. 950, n.--C. A. What amounts to an admission of assets by executor.--The court will not view the principle of payment of one legacy being an admission of assets for every other legatee as a hard and fast rule, but will, accordingto the tendency of modern decisions, examine the facts of the case fairly and justly, so as not to subject executors to liabilities which they have never contemplated. Jllorewood v. Currey, 28 W. R. 213--V. C. H. A testntor gave pecuniary legacies to his widow and other persons, and to his younger children as they came of age or married, and gave and devised to his eldest son certain real estates, purporting to include in such gift and devise a colliery which was, in fact. in settlement, and the plant of the colliery. and charging them with a sum of 50,000Z.. to form part of his personal estate. Under the settlement the colliery, with other reul estates, was subject to a charge of 20,0001. for portions of the younger children. The per sonal estate of the tcstiitor being insufliciem to meet his liabilities and the legacies, an arrangement was made between the eldest son and the executors, and such of the parties interested as were then entitled to their legacies, whereby it was agreed that _the eldest son electing to take ur: de_r the W111 81101115 take possession of the colliery and plant, and should provide the balance of the money necessary to pay ofl' the legacies then payable, as well as those which should from time to time become due. Upon this basis certain of the legacies were paid in full, and the executors, having paid full...show more

Product details

  • Paperback | 642 pages
  • 189 x 246 x 33mm | 1,129g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236880145
  • 9781236880147