 | Richard Burn - Ecclesiastical law - 1842 - 846 pages
...the fluctuations of that fund (d) ; but he is for the fluctuations of any unauthorized fund (e) ; so, when the loss arises from the dishonesty or failure...the regular course of business in administering the prog;rty, will, in equity, exonerate the personal representative, ut if, without such necessity, he... | |
 | Law - 1846 - 700 pages
...the Messrs. Wakefleld. " Necessity," Lord Cottenham observes, " which includes the regular course oT business, in administering the property, will, In...representative ; but if, without such necessity, he was instrumental in giving to the person failing possession of any part of the property, he will be... | |
 | Great Britain. Court of Chancery - Equity - 1843 - 986 pages
...liable, upon a proper investment in fund ; Hancom v. Aliened) Howe v. Earl of Dartmouth.(e)[2] So, when the loss arises from the dishonesty or failure of any one to whom tw possession of part of the estate has been entrusted. Necessity, which includes the regular course... | |
 | Conveyancing - 1848 - 646 pages
...administratrix, had not been associated. The LORD CHANCELLOR.— He says, " Necessity, which includes a regular course of business in administering the property,...in equity, exonerate the personal representative." Bethell. — Lord Cottenham, with his habitual caution, confines this to the case of an executor. It... | |
 | Conveyancing - 1848 - 656 pages
...administratrix, had not been associated. The LORD CHANCELLOR.— He says, "Necessity, which includes a regular course of business in administering the property,...in equity, exonerate the personal representative." Bethell. — Lord Cottenham, with his habitual caution, confines this to the case of an executor. It... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 760 pages
...unauthorized fund : Hancom v. Allen, (2 Dick. 498;) Howe v. Earl of Dartmouth, (7 Ves. 137-150.) So, when the loss arises from the dishonesty or failure...whom the possession of part of the estate has been intrusted. Necessity, which includes the regular course of business in administering the property,... | |
 | Joseph Story - Equity - 1870 - 914 pages
...dishonesty or failure of any one, to whom the possession of part of the estate has been intrusted. Necessity, which includes the regular course of business...necessity, he be instrumental in giving to the person failiug possession of any part of the property, he will be liable, although the person possessing it... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - Executors and administrators - 1877 - 916 pages
...the fluctuations of that fund, (t) but he is for the fluctuations of any unauthorized fund, (w) So when the loss arises from the dishonesty or failure...whom the possession of part of the estate has been intrusted. Necessity, which ineludes the regular course of business in administering the property,... | |
 | Joseph Story - Equity - 1877 - 908 pages
...228 ; Robinson c. Robinson, 9 id. 69; Roby e. Ridehalgh, 31 id. 459; Bate v. Hooper, 35 id. 160.] So, when the loss arises from the dishonesty or failure...one, to whom the possession of part of the estate lias been intrusted, necessity, which includes the regular course of business in administering the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 888 pages
...invested, or for the insolvency or misconduct of any person who may have possessed it. Again, that " necessity which includes the regular course of business...in equity exonerate the personal representative." In Gould v. Hays, 19 Ala. 595, it is forcibly said by CHILTON, J.: "It is the anxious desire of courts... | |
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... been intrusted. Necessity, which includes the regular course of business in administering the property, will in equity exonerate the personal representative. But if, without such necessity, he be instrumental in giving to the person failing possession... 
