Reports of Cases Heard and Determined by the Lord Chancellor, and the Court of Appeal in Chancery. [1851-1857] Volume 6

Reports of Cases Heard and Determined by the Lord Chancellor, and the Court of Appeal in Chancery. [1851-1857] Volume 6

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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. 1857 edition. Excerpt: ... made no disposition of the residue of his estate: --Held, impugning the authority of Chilly v. Parker (4 Bro. C. C. 411), and approving that of Roberts v. Walker (1 Russ. 4-Ill. 752), that the real and personal estate was constituted a blended fund, and applicable, pari passv. in payment of debts and legacies: --Held, also, that the heir was not enti-tied to an inquiry as to the relative value of the real and personal estates, with a view to ascertain the amount for which he was liable to contribute, but that a sale of such real estate must be made. The testator died in 1853. The question which arose between the heir at law and next of kin was, whether, upon the construction of the testator's will, the debts and legacies were to be paid primarily out of the personal estate, or out of the real and personal estate rateably, as a common fund. The_Master of the Rolls having held that the real and personal estate was blended and applicable, pari passu, in payment of the debts and legacies, the heir at law now appealed to the Lord Chancellor. Mr. Daniel and Mr. E. F. Smith, in support of the appeal. lst. It is submitted, that the personal estate of the testator is primarily liable for the payment of his debts and funeral and testamentary expenses, the testator having, in the first clause, directed payment of his debts. It is true that the will afterwards directs a sale of the real estate for the purpose of forming a common fund; but it is to be observed that the destination of that blended fund is to be subject to the dispositions thereinafter made concerning his personal estate, and there was no subsequent disposition for payment of debts. The charge, therefore, at the commencement of the will, on the real estate, will only make that estate an.
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 1236942922
  • 9781236942920