Reports of Cases Adjudged in the High Court of Chancery, Before the Right Hon. Sir James Wigram, Knt., Vice-Chancellor. [1841-1853]

Cover Reports of Cases Adjudged in the High Court of Chancery, Before the Right Hon. Sir James Wigram, Knt., Vice-Chancellor. [1841-1853]
Reports of Cases Adjudged in the High Court of Chancery, Before the Right Hon. Sir James Wigram, Knt., Vice-Chancellor. [1841-1853]
Hatherley, William Page Wood, Baron, 1801-1881
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I am clearly of opinion, therefore, that under this will the general legatees are entitled to have the assets marshalled, so as to enable them to resort to the real estate in order to make up the deficiency of the personal estate.
It was suggested by the counsel in the cause, that there should be an apportionment of the balance of the legacies to be raised out of the real estate, between the real estate devised by the will and the real estate devised by the third codicil The Vice-Changellob sai
...d, that the question as between the different devisees of the real estate was not raised by the case.
The Plaintiffs' counsel said, that they had not raised the question, because the real estate devised by the will was sufficient for the purpose of the legatees. The coun- 660 1863.
Judffmeni, CASES IN CHANOEBY.
sel for all paxties, however, suggested that, inasmuch as it was stated upon the case that the deyises were different, — one in tail and the other in fee, the Court might dispose of the incidental question between them.


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