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" The right of the executor or administrator to retain in such cases depends upon the principle that the legatee or distributee is not entitled to his legacy or distributive share, while he retains in his own hands a part of a fund out of which that and... "
Reports of Cases Argued and Determined in the Court of Chancery of the State ... - Page 532
by New York (State). Court of Chancery, Oliver Lorenzo Barbour - 1848
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - Set-off and counterclaim - 1869 - 800 pages
...administrator to retain in such cases, depends upon the principle that the legatee or distributee " is not entitled to his legacy or distributive share, while he retains in his own hands a part of the fund out of which that and other legacies or distributive shares ought t<> be paid, or which were necessary...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 17

Florida. Supreme Court - Law reports, digests, etc - 1879 - 1096 pages
...Opinion of Court. ecutor has a right to retain upon the principle that a legatee or distributee is not entitled to his legacy or distributive share while he retains in his own hands a part of the fund out of which his own and other legacies or distributive shares ought to be paid, or which are...
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The Northeastern Reporter, Volume 23

Law reports, digests, etc - 1890 - 1220 pages
...entitled to his legacy or distributive share while he retains in his own hands a part of the fund opt of which that and other legacies or distributive shares ought to be paid. " And in Ranking v. Barnard, 5 Madd. 32, the court said, in substance, that it was clear that the executor...
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The New York Supplement, Volume 80

Law reports, digests, etc - 1903 - 1338 pages
...right of retainer, and the right depends upon the principle that the distributee is not entitled to his distributive share while he retains in his own hands a part of the fund out of which that and other distributive shares ought to be paid. Rogers v. Murdock, 45 Hun, 30....
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Lawyers' Reports Annotated, Book 7

Law reports, digests, etc - 1890 - 950 pages
...administrator to retain in such cases depends upon the principle that the legatee or distributee is not entitled to his legacy or distributive share while he retains in his own hands a part of the fund out of which that and other legacies or distributive shares ought to be paid." And in Ranking...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 121

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1890 - 688 pages
...cases depends upon the principle that the legatee or distribFiscus, Administrator, v. Moore. utee ' is not entitled to his legacy or distributive share, while he retains in his own hands a part of the fund out of which that and other legacies or distributive shares ought to be paid.'" And, in Ranking...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 127

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1891 - 694 pages
...utee to the estate. Cherry v. Bouttbce, 4 Mylne & Craig, 442. The distributee is not entitled to his distributive share while he retains in his own hands a part of the fund out of which his share and other distributive shares should be paid. Waterman Set-Off, section...
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The South Western Reporter, Volume 50

Law reports, digests, etc - 1899 - 1232 pages
...administrator to retain in such cases depends upon the principle that the legatee or distributee is not entitled to his legacy or distributive share, while he retains in his own hands a part of a fund out of which that and other legacies or distributive shares ought to be paid, or which were...
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The American State Reports: Containing the Cases of General Value ..., Volume 73

Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1078 pages
...administrator to retain in such cases depends upon the principle that the legatee or distributee 'is not entitled to his legacy or distributive share, while he retains in his own hands a part of a fund out of which that and other legacies or distributive shares ought to be paid, or which were...
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The American State Reports: Containing the Cases of General Value ..., Volume 73

Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1070 pages
...administrator to retain in such cases depends upon the principle that the legatee or distributee 'is not entitled to his legacy or distributive share, while he retains in his own hands a part of a fund out of which that and other legacies or distributive shares ought to be paid, or which were...
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