An Epitome of Leading Conveyancing And Equity Cases With Some Short Notes Ther
An Epitome of Leading Conveyancing And Equity Cases With Some Short Notes Ther
John Indermaur
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D. 600), which is quoted as the authority, has not been followed, as, indeed, is stated ; and, this being so, there seems no good reason for altering what has certainly before Be. Bate always been considered the proper order. LEADING CONVEYANCING AND EQUITY CASES. 119 (6) Specific legacies (including demonstrative legacies which remain demonstrative) and real estate de- vised specifically or by way of residue, and not being at the time charged with debts. (See Hens- man v. Fryer, L. R. 3 Ch. Ap...p. 420 ; 37 L. J. Ch. 97 ; Lancefield v. Iggulden, L. R. 10 Ch. App. 136 ; 44 L. J. Ch. 203. ) (7) Real and personal estate appointed by will under a general power of appointment. (8) Paraphernalia- of the widow of the deceased. (9) Property comprised in a donatio mortis causd. Secondly. The personal estate is not the primary fund for payment of debts in the following cases : — (1) Where it is exempted by express words. (2) Where it is exempted by testator's manifest inten- tion ; and on this point the fact that the testator has charged his real estate is not alone sufficient, but he must also have shewn that it was his purpose that the personal estate should not be applied.
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