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" But such legacy is so far specific that it will not be liable to abate with general legacies, upon a deficiency of assets... "
Select Cases in Equity and at Law: Argued and Determined in the Court of ... - Page 124
by Pennsylvania. Court of Common Pleas (Philadelphia County) - 1853
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A Treatise on the Law of Legacies, Volume 1

Roper Stote Donnison Roper - Legacies - 1829 - 668 pages
...permitted to receive them out of the general assets ; yet the legacies are so far specific, that they will not be liable to abate with general legacies upon a deficiency of assets.fc) It is true, that this anomalous kind of specific legacy Was thought aTefinement by Lord...
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Reports of Cases Heard and Determined by the Lord ..., Part 70, Volume 7

Great Britain. Court of Chancery - Equity - 1858 - 796 pages
...payment; it is so far general, and differs so much in effect from one properly specific, that if the fund be called in or fail, the legatee will not be...with general legacies upon a deficiency of assets. In the construction of particular expressions in a will casuistical cases may be put and arguments...
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The Indian Succession Act, 1865 (Act X of 1865): With a Commentary ..., Part 38

India, Whitley Stokes - Inheritance and succession - 1865 - 316 pages
...will not be deprived of his legacy, but be permitted to receive it out of the general assets : but it is so far specific that it will not be liable to abate with general legacies upon a deficiency of nssets (Wms. Kxors. 1043). It is, however, liable to abate when it becomes a general legacy by reason...
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A Compendium of the Law of Real and Personal Property Primarily ..., Volume 2

Josiah William Smith - Conveyancing - 1870 - 730 pages
...testator ; because nothing but the specific thing is given to the legatee (K). S. A demonstrative legacy will not be liable to abate with general legacies upon a deficiency of assets. And if the fund pointed out for its payment fails, the legatee is entitled to payment out of the general...
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A Treatise on the Law of Executors and Administrators, Volume 2

Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - Executors and administrators - 1877 - 816 pages
...the legacy be of the fund itself, in whole or in part, or so charged upon the object 1253 specifie, that it will not be liable to abate with general legacies upon a deficiency of assets. (i) The courts in general are averse from construing legacies to be specific ; and the intention of...
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Wharton's Law-lexicon: Forming an Epitome of the Law of England; and ...

John Jane Smith Wharton - Law - 1883 - 926 pages
...legacy, and it is so far general and differs so much in effect from one properly specific, that if the fund be called in or fail, the legatee will not be...with general legacies upon a deficiency of assets. — 2 Wms. Exors, De nwrle hominis nulla eat cunctatio lonya. Co. Litt. 134. — (Concerning the death...
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The Supreme Court Reporter, Volume 21

Law reports, digests, etc - 1901 - 958 pages
...permitted to receive it out of the general assets of the estate. Dugan v. Holline, 11 Md. 77. But such ght of a man to step from his own land onto a the assets, except to the extent that it is to be treated as a general legacy, after the application...
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Atlantic Reporter, Volume 10

Law reports, digests, etc - 1887 - 924 pages
...permitted to receive it out of the general assets of the estate. Dugan v. Hollins, 11 Md. 77. But such legacy is so far specific that it will not be liable...with general legacies, upon a deficiency of assets, except to the extent that it is to be treated as a general legacy after the application of the fund...
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The Anglo-Indian Codes, Volume 1

India - India - 1887 - 1084 pages
...will not be deprived of his legacy, but be permitted to receive it out of the general assets ; but it is so far specific, that it will not be liable to...with general legacies upon a deficiency of assets (Wms. Exors. 1043). It is, however, liable to abate when it becomes a general legacy by reason of the...
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A Manual of the Law of Wills: As Determined by the Leading Courts of England ...

Charles Fisk Beach (Jr.) - Wills - 1888 - 650 pages
...or fail the legatee will be permitted to receive an equal amount out of the general estate ; and it is so far specific that it will not be liable to abate with general BEACH WILLS. — 23. legacies upon a deficiency of assets.2 For example, it has been held in a recent...
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