The Law of Wills ..

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Judge Hare's statement of the rule. Exceptional cases in America.
32. The devisee of real estate entitled to have mortgage upon it, created by devisor, paid out of the personal estate.
33. Lands specifically devised not to be charged with payment of legacies until lands descended are exhausted.
34. One, having lien on more than one fimd, must go against that upon which others have no lien.
35. Order in which creditors may demand payment of the administrator and dis- tributees.
36. A claimant wh
...ere rightful fund is lessened by the payment of other claims, may be subrogated, &c.
37. Contracts by the ancestor for permanent erections on land must be paid for out of personalty.
38. The pure personalty may, by direction of the will, be applied in a particular direction.
39. The wife who has mortgaged her separate estate, to secure the husband's estate, may claim to stand pari passu with the other creditors, for exonerat- ing it.
40. Charging debts " primarily and exclusively '' on certain real estate will exon- erate the personalty.


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