| 1846 - 532 σελίδες
...was indebted for maintenance to the testator. The defendants', the legatees' demand (the Court says) is in respect of the testator's assets, without which...own hands, and consequently is satisfied pro tanto. That applies directly to the present case. He has so much of the testator's assets in his hands —... | |
| Jacob D. Wheeler - 1835 - 618 σελίδες
...that if a legacy be left to the testator's debtor^ the debt shall be deducted from the legacy, for the legatee's demand is in respect of the testator's...assets, without which the executor is not liable, and therefore, the legatee in such caser is considered by a court of equity to have so much of the assets... | |
| Sir Samuel Toller - 1838 - 620 σελίδες
...hand, if a legacy be left to the testator's debtor, the debt shall be deducted from the legacy, for the legatee's demand is in respect of the testator's...assets, without which the executor is not liable, and therefore the legatee in such case is considered by a "court of equity to have so much of the assets... | |
| John Potter Stockton - 1860 - 624 σελίδες
...decreed the allowance, and made these remarks: "Now, in the present case, the defendants', the legatees, demand is in respect of the testator's assets, without...own hands, and consequently is satisfied pro tanto; aud forasmuch as it is probable the spiritual court will not allow of this discount, therefore the... | |
| Thomas Whitney Waterman - 1869 - 800 σελίδες
...* " If a legacy be left to the testator's debtor, the debt shall be deducted from the legacy ; for the legatee's demand is in respect of the testator's...assets, without which, the executor is not liable ; and therefore the legatee in such case, is considered by a court of equity, to have so much of the assets... | |
| 1894 - 1144 σελίδες
...coxirt can enforce. In Jeffs v. Wood, 2 P. Wms. 128, (temp. ICO.j,) the court said: "The legatee's claim is in respect of the testator's assets, without which...just and equitable for the executor to say that the legatee has so much of the assets already in his own hands, and consequently is satisfied pro tanto."... | |
| 1887 - 924 σελίδες
...Wms. 128, where the master of the rolls says: "The legatee's demand is in respect of the testators assets, without which the executor is not liable;...just and equitable for the executor to say that the legatee has so much of the assets already in his own hands, and consequently is satisfied pro tanto."... | |
| 1897 - 1194 σελίδες
...Courtnay v. Williams [15 Law J. Ch. 208], says. 'The defendant's the legatee's demand [the court says] is in respect of the testator's assets, without which...own hands, and consequently Is satisfied pro tanto.' Why should not that be applied to a case like this, where the property Is put together, and the whole... | |
| Abraham Clark Freeman - 1888 - 978 σελίδες
...the testator is clearly stated in Jeffs v. Wood, 2 P. Wms. 128, where the master of the rolls eays: "The legatee's demand is in respect of the testator's...just and equitable for the executor to say that the legatee has so much of the assets already in his own hands, and consequently is satisfied pro tanto."... | |
| 1894 - 918 σελίδες
...court can enforce. In JeJ* v. Wood, 2 P. Wms. 128 (temp. 1695), the court said : "The legatee's claim is in respect of the testator's assets, without which...just and equitable for the executor to say that the legatee has so much of the assets already in his own hands, and consequently is satisfied pro tanto."... | |
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