The Law Reports Volume 4; Equity Cases, Before the Master of Rolls and the Vice-Chancellors by Great Britain Court of Chancery
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Author: Great Britain Court of Chancery
Page Count: 288 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: Pdf
ISBN: 9781231210819
File Name: The.Law.Reports.Volume.4;.Equity.Cases,.Before.the.Master.of.Rolls.and.the.Vice-Chancellors.pdf
Download Link: The Law Reports Volume 4; Equity Cases, Before the Master of Rolls and the Vice-Chancellors
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 Excerpt: ...amount given by the testator was transferred into the names of the trustees to await the period of distribution, that is, the death of the tenant for life; and this was done thirty years before the period of distribution arrived. In Dyose v. Dyose (2), where a testator gave 3000 a-piece to his two younger sons, and the surplus to his eldest son, and a deficiency arose in the assets owing to the default of the executor, the residuary legatee was allowed to come in pari passu with the other legatees, and the same thing was done in Ex parte Chadwin (3); Partington v. Carrington (4); and Humphreys v. Humphreys (5). Mr. Glasse, in reply: --The case of Dyose v. Dyose was decided upon the particular circumstances which arose. It was clear that the testator never intended 'his two younger sons to have a larger legacy than his eldest son. The testator intended the residue to be a specific legacy to the eldest son. Sire. Malins, V.O.: --The main point raised by this bill is one of considerable nicety; but there have been some points argued in the case which I think admit of no doubt whatever. The will is one by which V.-C. M. the testator (who died thirty-eight years ago) gave a specific 1867 legacy of 2300 Reduced Bank Annuities, the income of which was to be paid to his wife for life, and after her death certain Farmeb. kg80i6s were to paid out of the produce of the stock, and--what remained after payment of those legacies was to fall into the residue, and the general residue of the estate was then given to W. M. Baron. Now, some reliance has been placed upon the circumstance that this 2300 is made liable to the debts of the testator, but that does not make any difference in the result, because, however clearly a person may give a specific legacy, i...
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