A Treatise On the Law of Executors And Administrators volume 2

Cover A Treatise On the Law of Executors And Administrators volume 2
A Treatise On the Law of Executors And Administrators volume 2
Edward Vaughan Williams
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The testator's general personal estate 4 was insufficient for the payment of his debts, and consequently the specifically bequeathed personal estate, and the real estate had to contribute, and it was held that as between the portioners and the persons entitled to the real estate on which they were charged, the former were not. Bound to con- tribute to make good the deficiency. The decision in this case seems on this point to be inconsistent with Long V. Short, 1 P. Wms. 403, but North, J. , in ...his judgment points out, referring to the judgment of Lord Chancellor Brady in Jackson V. Hamilton, 9 Ir. Eq. 430, that the rej)ort of Lo)ig v. Siiort is inaccurate; Be Saunders-Davies was followed by Kekewich, J. , in Re Baivden, [1894] 1 Ch. 693. Seejjos#, p. 1341, note((/); and cf. BaiJves v. BoiiUon, 29 Beav. 43.
(») Bady v. Ilartridge, 1 Dr. & Sm. 236 ; Barnwell v. Iremonger, ihid. 242 ; Botheram v. Botheram, 26 Beav. 465; BetJiell v. Green, 34 Beav. 302; Bodlwnse v. Mold, 35 L. J. Ch. 67.


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