 | Peter Lovelass - Inheritance and succession - 1823 - 470 pages
...mortgagor dies, having devised his per0 Webb v. Jones, 2 Bro. Cha. Rep. 60. (2) The general rule that the personal estate is the primary fund for the payment of debts, is undeniable, and to warrant a departure from that rule, there must either be express words to exempt... | |
 | 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... | |
 | 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 no... | |
 | 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... | |
 | James Philemon Holcombe - Debtor and creditor - 1848 - 528 pages
...personal estate and the income of the real estate which would have been assigned to the mother, if living. The personal estate is the primary fund for the payment of debts, hut in case of its insufficiency, the real estate (saving the widow's dower) may be sold under a license... | |
 | Law reports, digests, etc - 1850 - 644 pages
...estate. The annuities also are not charged on the Netley estate in exoneration of the personal estate. The personal estate is the primary fund for the payment of debts, but every part of the will must receive a construction ; the mere expression of an intention to pay... | |
 | John Peter De Gex, John Jackson Smale - Equity - 1853 - 938 pages
...that 1852. the ordinary rule as to the administration of real and personal estate must apply here. The personal estate is the primary fund for the payment of debts and legacies, and the real estate, though charged, must be treated as a subsidiary fund only, and the gift,... | |
 | Edmund Hatch Bennett, Chauncey Smith - Equity - 1853 - 680 pages
...to me that the ordinary rule as to the administration of real and personal estate must apply here. The personal estate is the primary fund for the payment of debts and legacies, and the real estate is charged as a subsidiary fund, which must mean with what remains due... | |
 | John Bouvier - Law - 1854 - 756 pages
...reason that the personal as well as the real representatives should be brought before the court, because the personal estate is the primary fund for the payment of debts, and ought to be applied in ease of the land ;(a) the heir, therefore, has a right to insist that it shall... | |
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The personal estate is the primary fund for the payment of debts and legacies. 
