If a party dealing with an executor for the personal " assets pays his money to the executor, so that it may be " applied to the purposes of the will, he is not responsible " for the executor's misapplication of it ; but if in dealing " with the executor,... Lower Canada Reports - Page 2321860Full view - About this book
| Great Britain. Court of Chancery - Equity - 1821 - 556 pages
...463-4; SC (o) 14 Ves. 358;andS.C. 2 Ves. 269. on Appeal, 17 Ves. 172. (n) 3 Atk. 2371 CASES IN CHANCERY for the Personal Assets, pays his Money to the Executor,...Executor or to the private Trade of the Executor. The present Case is not one of Purchase or Pledge from the Executors: it is the Case of Agents of the... | |
| Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - Equity - 1834 - 772 pages
...the personal assets, pays his money to the executor, (a) 7 Vet. 152. (4) 4 Mad. 332. 1834. 458 1834. executor, so that it may be applied to the purposes...executor, or to the private trade of the executor." And now let us ask, where is the mischief of holding parties bound by such obvious rules of common... | |
| Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - Equity - 1834 - 810 pages
...responsible for the executor's misapplication of it ; but if, in dealing with the executor, (a) 4 Mad. 357. , executor, he does in truth pay his money for the private...executor, or to the private trade of the executor." The objections raised to the suit in point of form cannot be sustained. An order was obtained for reading... | |
| Solomon Atkinson - Land titles - 1838 - 356 pages
...executor for the personal assets, pays his money to the executor, so that it may be applied to the purpose of the will, he is not responsible for the executor's...executor, or to the private trade of the executor," (6) Title unmarketable in respect of the Vendor's Inability to deliver to the Purchaser the proper... | |
| Solomon Atkinson - Conveyancing - 1839 - 708 pages
...executor, so that it may be applied to the purposes of the will, he is not resi>onsible for the executors misapplication of it; but if, in dealing with the...executor, or to the private trade of the executor." On conveyances or devises in trust for sale, it frequently becomes a question of great difficulty to... | |
| Joseph Tate - Law - 1841 - 992 pages
...Mead v. Orrery, 3 Atk. 237, though not entirely to the satisfaction of every succeeding judge, &.C." "If a party, dealing with an executor for the personal...executor or to the private trade of the executor." Pr. Sir Jno. Leach, Vice Chancellor; and see Marshall, CJ in Garnett, ex'r v. Maçon et al. p. 44,... | |
| Law - 1843 - 534 pages
...private purposes of the 1 1 Atk. 463, 464 ; SC 2 Ves. 269. ' 3 Atk. 237. a Bonney v. Ridgard, 1 Cox, 145. executor, he is equally a party to the breach of trust,...executor, or to the private trade of the executor.' " In Hill v. Simpson 1 relief was granted to a pecuniary legatee, against bankers, with whom part of... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1882 - 912 pages
...been guilty of " fraud, collusion or gross negligence." In the same case the vice-chancellor says: " If a party dealing with an executor for the personal...executor or to the private trade of the executor, and this because he knows that the object to which the money is applied is not an object to which it... | |
| Melville Madison Bigelow - Fraud - 1888 - 800 pages
...v. Robarts, 4 Madd. 332, sc 2 Ves. 269 ; Mead v. Orrery, 3 358. See also Jones v. Clark, 25 Gratt. whether he applies his money to the private debt of the executor or to the private trade of the executor.1 The case before the court' was not one of purchase or pledge from the executors, but of... | |
| Law reports, digests, etc - 1903 - 1262 pages
...been guilty of fraud, collusion, or gross negligence.' " In the same case the vice chancellor says: "If a party dealing with an executor for the personal...executor or to the private trade of the executor; and this, because he knows that the object to which the money Is applied Is not an object to which... | |
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