Pleading And Practice of the High Court of Chancery volume 2
Pleading And Practice of the High Court of Chancery volume 2
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In our eReader you can find the full English version of the book. Read Pleading And Practice of the High Court of Chancery volume 2 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Pleading And Practice of the High Court of Chancery volume 2
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^ Seaton on Decrees, 42.
PROCEEDINGS IN THE MASTER'S OFFICE. — ACCOUNTS. 1231 them. It is to be observed, that it is not the ordinary course for the Court, in matters of this nature, to say, in the first instance, what is a just allowance ; but that it generally leaves the deter- mination as to what is to be considered a just allowance to the Master, and that the Court is not called upon to decide it, except upon exceptions to the report.^ In Cook v. Collingridge, ^ how- ever, Lord Eldon, under... the special circumstances of the case, made it part of the order that, as to such part of the allowance as should be claimed and objected to before the Master, he was to state his reasons for allowing or disallowing the same.^ With respect to what, by the practice of the Court, may be con- sidered as just allowances, that must depend very much upon the circumstances of each case ; it is, however, a settled rule that whatever a trustee or personal representative has expended in the fair execution of his trust, may be allowed him in passing his ac- counts ; thus, where the decree, in a suit by residuary legatees, directed an account to be taken of the personal estate of a testator, and of his debts and funeral expenses, and the personal estate was ordered to be applied in payment of the debts and funeral expen- ses in a course of administration, and the INIaster allowed pay- ments in discharge of legacies, it was held, that the payment of legacies, in such an account, was the subject of a just allowance, as the plaintiff could be entitled to nothing until the legacies were paid.
What to read after Pleading And Practice of the High Court of Chancery volume 2?
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To quickly assess the difficulty of the text, read a short excerpt:
^ Seaton on Decrees, 42.
PROCEEDINGS IN THE MASTER'S OFFICE. — ACCOUNTS. 1231 them. It is to be observed, that it is not the ordinary course for the Court, in matters of this nature, to say, in the first instance, what is a just allowance ; but that it generally leaves the deter- mination as to what is to be considered a just allowance to the Master, and that the Court is not called upon to decide it, except upon exceptions to the report.^ In Cook v. Collingridge, ^ how- ever, Lord Eldon, under... the special circumstances of the case, made it part of the order that, as to such part of the allowance as should be claimed and objected to before the Master, he was to state his reasons for allowing or disallowing the same.^ With respect to what, by the practice of the Court, may be con- sidered as just allowances, that must depend very much upon the circumstances of each case ; it is, however, a settled rule that whatever a trustee or personal representative has expended in the fair execution of his trust, may be allowed him in passing his ac- counts ; thus, where the decree, in a suit by residuary legatees, directed an account to be taken of the personal estate of a testator, and of his debts and funeral expenses, and the personal estate was ordered to be applied in payment of the debts and funeral expen- ses in a course of administration, and the INIaster allowed pay- ments in discharge of legacies, it was held, that the payment of legacies, in such an account, was the subject of a just allowance, as the plaintiff could be entitled to nothing until the legacies were paid.
What to read after Pleading And Practice of the High Court of Chancery volume 2?
You can find similar books in the "Read Also" column, or choose other free books by Edmund Robert Daniell to read onlineMoreLess
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