Cases Decided in the Supreme Court of Appeals of Virginia Volume 21
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. 1821 edition. Excerpt: ...limits of the land devised to Mrs. Trent. The order of the Chancellor is, that the defendant shall be injoined from receiving the tolls, if the injunction was proper, the appointment of a receiver was a matter of (IoUPSP. Mrs. Trent, is the legatee of an annuity, and we may go into evidence aliu-nde to shew that the testator de signed to charge the payment of it, on the real proper-Fslggfli ty.(f) To do this even parol evidence is admissible. But in this case the face of the will proves that it was-1-, em the intention of the testator, to Charge the real with the " Trent's exe payment of the annuity, for there was no other property cutrix and not specifically appropriated, on which it could be charg-mhersed but the realty. The preference given by the common law to the heir so much relied on, has no existence in Virginia: our statute of descents has destroyed every pretext for such preference.(g) And even in England, annuities are chargeable on the real estate.(h) There is no difference between charges by implication, for the payment of debts, and of legacies; and it is clear, that debts charged by implication bind the realty.(i) In this case it is to be remarked, that the annuity is to a wife entitled to dower in the real estate; and this testamentary provision is instead of dower. She is then a purchaser for a valuable consideration.(k) The heir should at least give security for the payment of the annuity: that may be demanded wherever the le-Q gacy is payable at a future day.(l) W. Hay, on the same side. It is unimportant, who has the right to execute the trust. The rights of Mrs. Trent in her individual character, are enough to warrant the decree. Nor does it matter whether the order was made in term or vacation. The bill...
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