This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...the amount of his own debt, J preference' in preference to the claim of the plaintiff for the costs of the suit, to costs; the same thing cannot be done by a devisee of real estates, which are subject to the payment of debts. If, however, a devisee gives ffC recced"" notice that his right of retainer will exceed the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...the amount of his own debt, J preference' in preference to the claim of the plaintiff for the costs of the suit, to costs; the same thing cannot be done by a devisee of real estates, which are subject to the payment of debts. If, however, a devisee gives ffC recced"" notice that his right of retainer will exceed the assets, after such after notice notice the plaintiff may be considered as proceeding at the peril of oPclaimcosts.3 Where a bill was filed to raise legacies charged on real estate, Priority of and the estate was insufficient to provide for payment of the to raise iegaleeacies and the costs of suit in full, the devisees of the estate cies, out f It.11 i /.i/.i. realty, where were held entitled to their costs out ol the fund, m priority to estate insuffithose of the legatees." "cient The above rules apply to cases where there is a deficiency in Where there the fund realized by the suit to answer all the claims upon it: fun, !5""6"1 but, where this is not the case, the general rule is, that, wherever costs must bo it is necessary to come to the Court, to establish a demand upon ut the property of persons deceased, the costs of such proceedings must be borne out of the assets.4 Therefore, if a bill be filed by a creditor for his debt, or by a legatee for his legacy, the costs of the suit must be paid out of the testator's estate: so, also, must the costs of a suit, to obtain the benefit of a donatio mortis causa. The expenses of a suit, also, by residuary legatees, or next of kin, for an account and distribution of an estate, must be defrayed out of the general estate. In such suits, the circum of the surplus. Tabele v. Tabelc, 1 John. ton v. Higgs, 5 Sim. 228; Hall r. Macdon Ch. 46. Where a defendant disclaims he ai...
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Add this copy of Pleading and Practice of the High Court of Chancery; to cart. $33.45, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
Add this copy of Pleading and Practice of the High Court of Chancery; to cart. $44.62, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
Add this copy of Pleading and Practice of the High Court of Chancery; to cart. $68.48, new condition, Sold by Booksplease rated 4.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 2022 by Legare Street Press.
