 | Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - Equity - 1808 - 526 pages
...MANSFIELD in Hdmbly v. Trott, Cowp. 376, " as for instance, the executor shall not be chargea" ble for the injury done by his testator in cutting down...another man's trees, but for the benefit arising to the tl testator for the value or sale of the trees he shall.'1 This shews clearly what the principle... | |
 | Great Britain. Court of Chancery, Henry Maddock, Thomas Charles Geldart - Equity - 1817 - 686 pages
...acquired which benefits the Testator, there an Action for the value of the Property shall survive against the Executor. As for instance, the Executor shall...chargeable for the Injury done by his Testator in cut ting down another man's Trees; but for the benefit arising to his Testator for the value or sale... | |
 | Robert Henley Eden Baron Henley - Injunctions - 1821 - 514 pages
...which benefits the testator, there " an action for the value of the property shall survive against the executor. As for instance, the executor shall...testator for the value or sale of the trees, he shall. So far as the tort itself goes, an executor shall not be liable, but so far as the act of the offender... | |
 | Law reports, digests, etc - 1874 - 1086 pages
...acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall...testator for the value or sale of the trees he shall." Mr. Gibb's estate derived no benefit from the misrepresentation to which he was a party, and, therefore,... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...acquired which benefits the testator, (here an setion for the value of the property shall survive against the executor; as for instance, the executor shall...be chargeable for the injury done by his testator for cutting down another man's trees, but for the benefit arising to tis testator for the value or... | |
 | Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 772 pages
...the term goes to his executor or administrator. But though the executor shall not be chargeable fur the injury done by his testator in cutting down another man's trees, because aclio personalia muritur cum persona ยก yet he shall be liable, in an action for money had... | |
 | Great Britain. Court of Chancery, James Russell, James William Mylne - Equity - 1837 - 808 pages
...which benefits the testator, there an action for the value of the property shall survive ' against the executor. As for instance, the executor shall...testator for the value or sale of the trees he shall." Therefore where the trespasser commits an injury, without benefit to himself, and dies, then the action... | |
 | Great Britain. Court of Chancery, James Russell, James William Mylne - Equity - 1837 - 826 pages
...acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As for instance, the executor shall...testator for the value or sale of the trees he shall." Therefore where the trespasser commits an injury, without benefit to himself, and dies, then the action... | |
 | Sir Samuel Toller - Executors and administrators - 1838 - 620 pages
...an action for the use and hire of the horse will lie against the executor, (o) Nor is the executor chargeable for the injury done by his testator in...another man's trees ; but for the benefit arising to the testator from the value or sale of the trees, he may be called upon to answer, (p) Nor will trover... | |
 | Graham Willmore, Great Britain. Court of King's Bench, Frederick Luard Wollaston, Henry Davison - Civil procedure - 1839 - 780 pages
...acquired, which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall...testator, for the value or sale of the trees, he shall." The former part of this example illustrates the operation of the recent statute ; in the latter, which... | |
| |
... only a reparation for the delictum in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance,... 
