Acerca de este libro
Mi biblioteca
Libros en Google Play
LONDON:
PRINTED BY RAYNER AND HODGES,
109, Fetter Lane, Fleet Street.
СНАР.
XV.
SECT. I. The marshalling of assets in favour of
legatees
950
1.-— Where the real estate is devised subject to pay-
2.
- When subject to a charge of one or more
953
legacies
3.—When charged with both debts and legacies 955
SECT. II. The marshalling of assets in favour of lega-
1.-
tees, where the real estate is not charged
by the will with debts or legacies, but there
is a specific lien on the real estate
Where that real estate is devised
2.— Where it descends
957
-
ib.
958
SECT. III. The marshalling of assets in favour of lega-
VOL. II.
tees, where the real estate is neither charged
with debts nor legacies, nor subject to a
specific lien, but there is merely a general
lien on the real estate, which descends to
the heir
b
969
SECT. IV. Exception where the estate is devised; for
where the real estate is neither charged
specific lien, but there is only a general
lien, and the real estate is specifically
devised to a stranger or to the heir taking
as a devisee, assets are not marshalled
in favour of a general legatee; but the
rule appears otherwise in favour of a
specific legatee. s. q.
page 970
SECT. V. The extent to which equity will permit
legatees to stand in the place of specialty
SECT. VI. The consideration of those legatees for whom
a Court of Equity will not marshal
979
1.-Where the legatees, at the time of their legacies
becoming due, have not an established claim,
&c.
2.-Where the legacies are given to charities 981
3.—The rule respecting contribution between cha-
rities and the next of kin, where the residue is
given to charities, and part of the disposition,
being within the Statute of Mortmain, fails
for the benefit of the next of kin
4.-Where legacies given to an alien
985
990
SECT. VII. The mode in which equitable assets are
distributed among creditors and legatees
CHAPTER XVI.
XVI.
Of the repetition of Legacies
991
995
SECT. I. Where two legacies are given by the same
testamentary instrument whether will or
1.-Where the legacies so given are of equal
amount
2.-Where the legacies differ in amount
998
SECT. II. Where legacies are given by different testa-
mentary instruments, namely, by will and
codicil, or by different codicils; and where
the legacies so bequeathed are given sim-
pliciter page 999
1.—Where the legacies thus given in both instru-
ments are equal
2-Where they are unequal
3.
1002
SECT. III. Where the legacies given by the different
instruments are not given simpliciter, but
a different or additional motive is ex-
pressed
1006
SECT. IV. Where the legacies are given by different
testamentary instruments, and the instru-
ment giving the second legacy furnishes
intrinsic evidence that the second legacy
was merely given in substitution of the
former, and not intended as accumu-
lative
1012
SECT. V. On the admissibility of parol evidence to
rebut the presumption in favour of accu-
mulative legacies
CHAPTER XVII.
1023
Of the satisfaction and release of Debts by Legacies 1026
SECT. I. Where the legacy operates as a satisfaction
of the debt due by the testator to the creditor
1028
legatee
1. When the legacy is given simpliciter, and is of
the same nature as the debt, and of equal or
greater amount
2. Where it operates as a performance of a
covenant
1030
XVII.
SECT. II. Where the legacy has not been deemed a
satisfaction of the debt
1.-Where the legacy is of less amount
2.-Where a difference is made in the time of pay-
ment of the legacy and that of the debt 1032
3.-Where of a different nature, either—
A.-As to the subject itself; or
B.-As to the interest given
1040
1042
4.-Where, though of the same nature, a particular
motive is assigned for the gift
1043
5.-Where the debt is contracted subsequently to
6. Where the legacy is contingent or uncertain ib.
7.-Where the debt is contingent or uncertain 1049
8.- Where there is an express direction in the will
for the payment of debts and legacies 1051
SECT. III. Inquiry how far the doctrine of satisfaction
is affected by the relation subsisting
between the testator and creditor legatee
1053
1.-Where the legatee is a servant, and herein of the admissibility of parol evidence
2.-Where the legatee is a child, and herein the
distinction between a legacy and an advance-
ment of a portion by the parent
1056
SECT. IV. Where a legacy by a creditor to his debtor
legatee does or does not operate as a
release or extinguishment of the legatee's
debt; and herein of the effect of appoint-
ing a debtor executor
1063