 | Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - Equity - 1822 - 540 pages
...no Case we have been able to discover that has decided this point. Evelyn v. Evelyn (a) decides only that the personal Estate is the primary Fund for the payment of a mortgage Debt. The Assets of the Mortgagor were augmented in consequence of the Mortgage. If the... | |
 | Roper Stote Donnison Roper - Legacies - 1829 - 668 pages
...Payment of Legacies. 1. Out of what fund. It is a general rule, as was noticed in the twelfth chapter,(s) that the personal estate is the primary fund for the payment of legacies. When the real estate is merely charged with those demands, the personal assets are to be... | |
 | Great Britain. Court of Chancery, Sir John Leach, John Tamlyn - Equity - 1831 - 572 pages
...to the payments thereinafter mentioned, and to all such incumbrances as might happen to be thereon." The personal estate is the primary fund for the payment of debts, and there must appear a clear intent on the part of the testator to exempt that fund ; it has been... | |
 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - Equity - 1847 - 768 pages
...7 Ves. Rep. 149. Watson v. Birchwood, 9 Idem, 447. Bootle v. Blundell, 1 Mer. Rep. 193.) It is also the general rule that the personal estate is the primary fund for the payment of legacies, although such legacies are charged upon real estate ; whether such real estate be devised... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1856 - 792 pages
...remedy. — Ex parte King. . . 387 MABSHALLING ASSETS. 1. English doctrine. — In England, though the personal estate is the primary fund for the payment of debts, yet the testator himself, by express direction or plain implication, might devote his realty to that... | |
 | Great Britain. Court of Chancery - Equity - 1847 - 634 pages
...[4] See The Duke of Cumberland v. Codrington, 3 Johns. Ch. Rep. 226, wliere, although it is admitted that the personal estate is the primary fund for the payment of a charge upon the land, created by the ancestor ; yet in that case, the ancestor having taken a conveyance... | |
 | James Philemon Holcombe - Debtor and creditor - 1848 - 528 pages
...personal property, unless specially excepted. (b) Liability of real estate for payment of debts. — The general rule that the personal estate is the primary fund for the payment Effect of Death upon the Rights of Creditors. of debts, and must first be applied thereto, prevails... | |
 | New York (State). Court of Chancery, Oliver Lorenzo Barbour - Equity - 1848 - 726 pages
...and settlement of the estate closed, within a year or fifteen months from the death of the intestate. The personal estate is the primary fund for the payment of debts. And that must be exhausted before a creditor can resort to the real estate of the decedent. There is... | |
 | New York (State). Court of Chancery - Equity - 1848 - 732 pages
...question were between Lambert and-the residuary legatees, the former as devisee would prevail, because the personal estate is the primary fund for the payment of debts. The statute relative to mortgage debts, does not apply to a devise of lands subject to the payment... | |
 | Richard Holmes Coote - 1850 - 766 pages
...second branch of inquiry, viz., the cases on which no question has been made as to the application of the general rule, that the personal estate is the primary fund for the payment of the mortgage debt; but the doubt has been whether the loan was the proper debt of the party. Of this,... | |
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The personal estate is the primary fund for the payment of debts and legacies. 
