 | Edward Burtenshaw Sugden - Vendors and purchasers - 1805 - 512 pages
...vitiate any transaction, and turn it to a mere colour. If one concerts with an executor, or legatees, by obtaining the testator's effects at a nominal price,...private debt of the executor, or in any other manner, contraiy to the duty of tho office of executor ; such concert will involve the seeming purchaser, and... | |
 | Edward Burtenshaw Sugden - Vendors and purchasers - 1818 - 862 pages
...vitiate any transaction, and turn it to a mere colour. If one concerts with an executor, or legatees, by obtaining the testator's effects at a nominal price,...behoof, or in extinguishing the private debt of the (d) M'Leod v. Drummoml, 616 ; 1 Vin. 43, pi. 13; 18 Vin. 14 Ves. Jun. 353 ; 17 Ves. Jun. 121, pi. 11,... | |
 | Henry Maddock - Common law - 1820 - 788 pages
...v«- 268- Dicbenson v. Lockyer, tator's Will (t). If, for instance, one concerts with an Executor, by obtaining the Testator's effects at a nominal price,...in extinguishing the private debt of the Executor (u), or in any other manner contrary to the duty of an Executor, such concert will involve such fraudulent... | |
 | John Joseph Powell - Mortgages - 1822 - 648 pages
...г Vcs. 268. Dickinson v. Lockyer, 4 Vcs. 42, and j. If, for instance, one concerts with an executor by obtaining the testator's effects at a nominal price,...undervalue, or by applying the real value to the purchase ot" oilier subjects for his own behoof, or in extinguishing or securing the private debt of the executor... | |
 | William Ward - Legacies - 1826 - 536 pages
...s-tated, Sug. V. & PC 1 1. S. 2. b Ewer v. Corbet, 2 P.\V. 148. ' Geary v. Beaumont, 3 Mer. 431. Y fraudulent under-value, or by applying the real value...manner, contrary to the duty of the office of executor, «uch concert will involve the seeming purchaser, or his pawnee, and make him liable for the full value.'... | |
 | Roper Stote Donnison Roper - Legacies - 1829 - 668 pages
...expressed himself as follows upon the present subject : " that if a person concert with an executor by obtaining the testator's effects at a nominal price, or at a fradulent.under-value, or by applying the real value to the purchase of other subjects for his own... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...concerted with the executor to obtain the effects at a nominal price, or at a fraudulent under value, or in extinguishing the private debt- of the executor, or in any other manner contrary to the duly of the office of executor, the purchaser or pawnee will be liable. In Ilill.v. Simpson, 7 Vesey,... | |
 | Edward Burtenshaw Sugden - Vendors and purchasers - 1836 - 474 pages
...or implied fraud or collusion between the executor and purchaser, the sale cannot be supported(m). (*)Fraud and covin will vitiate any transaction, and...private debt of the executor, or in any other manner (which Lord Eldon has said, are very material words)(«), contrary to the duty of office of executor,... | |
 | Law - 1843 - 534 pages
...the debts are paid. But "fraud or covin will vitiate any transaction, and turn it to a mere colour. If one concerts with an executor or legatee by obtaining...behoof, or in extinguishing the private debt of the executor,2 or in aay other manner contrary to the duty of office of executor; such concert will involve... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1845 - 428 pages
...up. Lord Thurlow then proceeds to state the effect of fraud ; that, if one concerts with an executor, by obtaining the testator's effects at a nominal price,...private debt of the executor, or in any other manner (very material words) contrary to the duty of the office of executor, such concert will involve the... | |
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If one concerts with an executor or legatee, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt... 
