 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1847 - 768 sider
...Vanderkemp, 273 See INJDNCTIO*, tT, 18, 19, 20. DEBTS. What is the primary fund far the payment of. 1 . The personal estate of a testator is the primary fund for the payment of debts ; notwithstanding the will contains an express dedication of a portion of the real estate for... | |
 | Samuel Owen - 1848 - 488 sider
...[ Continued from page 400.') LEGACY. PRIMARY FOND FOR PAYMENT OF LEGACIES. — The general rule is, that the personal estate of a testator is the primary fund for the payment of legacies, and a testator is presumed to act upon the legal doctrine unless a contrary intent is distinctly... | |
 | Asa Kinne - 1854 - 358 sider
...Queen's Proctor, 2 Curteis, 415; 3 Curteis, 752.) TESTATOR— PERSONAL ESTATE. The general rule is that the personal estate of a testator is the primary fund for the payment of legacies, and a testator is presumed to act upon this legal doctrine, unless a contrary intent is distinctly... | |
 | Francis Edward Cornwell - 1859 - 702 sider
...16 NY Rep., 365. 8. See, ante, Title, " Estate for Life." 9. Fund for payment. The general rule is, that the personal estate of a testator is the primary fund for the payment of legacies, and a testator is presumed to act upon this legal doctrine, unless a contrary intent is distinctly... | |
 | Oliver Lorenzo Barbour - 1863 - 732 sider
...Comst. 298 ; 1 Paige, 407.) It was held in Hoes v. Van Hoesen, (1 Comst. 120,) that the general rule is that the personal estate of a testator is the primary fund for the payment of legacies, and a testator is presumed to act upon this legal doctrine, unless a contrary intent is distinctly... | |
 | Richard Wilson Gamble, William Barlow (Barrister-at-law) - 1868 - 742 sider
...liable in the first instance. — Young v. Haaard, 1 Jon. & L. 466 ; 7 IER 309. (C.) 3. The general personal estate of a testator is the primary fund for the payment of arrears of rent due by him at his death ; and the devisee of the lands out of which the arrears are... | |
 | Jasper Yeates, Pennsylvania. Supreme Court - 1871 - 636 sider
...is as much a specific legatee, as a pecuniary legatee. 1 Wms. 678. 3 Wms. 324. It cannot be denied, that the personal estate of a testator is the primary fund for the payment of all his personal debts, or general legacies. 2 Equ. Ca. Abr. 369, c. 5. 2 Cha. Rep. 273, Pree. Cha.... | |
 | Frederick Thomas White, Owen Davies Tudor - 1876 - 708 sider
...relatione. l"*f 4C1 *The rl'le laid down by Lord Thurlow, in the principal case, viz., thai the general personal estate of a testator is the primary fund for the payment of his debts, unless it be exempted by express words or manifest intent, has been fully recognised, although the... | |
 | Edmund Henry Turner Snell, Archibald Brown - 1878 - 940 sider
...bequests are held to stand (/). By Locke King's Act (?n), the rule, that the person- Exoneration alty of a testator is the primary fund for the payment of his debts, was broken in upon, with respect to mortgages of land. This Act enacts, that " when any person Ryi?*... | |
 | 1895 - 1166 sider
...charged upon the Plainfleld property only. The most satisfactory solution of the doubt thus eugenderd is found in the legal rule that the personal estate...personal property therefrom. Whitehead v. Gibbons, 10 NJ Eq. 230; Keeno v. Munn, 16 NJ Eq. 398; Shreve v. Shreve, 17 NJ Eq. 487; Slack v. Emery, 30 NJ... | |
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The most satisfactory solution of the doubt thus eugenderd is found in the legal rule that the personal estate of a testator is the primary fund for the payment of his debts, even though the debts be secured by mortgage upon his realty, and that the personalty... 
