| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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