 | Roper Stote Donnison Roper - 1829 - 630 Seiten
...intention on the part of the testator, contrary to that assumed by the rule. But where, on the other hand, a creditor bequeaths a legacy to his debtor, and either...intention doubtful, and after his death the securities are found uncancelled among the testator's effects, the Courts of Equity do not consider such legacy... | |
 | New York (State). Court of Chancery, William T. McCoun - 1837 - 754 Seiten
...Roper, as follows : " Where a creditor bequeathed a legacy to his debtor, and either does not give the debt or mentions it in such a manner as to leave...intention doubtful, and, after his death, the securities are found among his papers uncancelled, courts of equity do not consider such legacy as necessarily... | |
 | T. M. Lalor - 1837 - 762 Seiten
...Roper, as follows : " Where a creditor bequeathed a legacy to his debtor, and either does not give the debt or mentions it in such a manner as to leave...intention doubtful, and, after his death, the securities are found among his papers uncancelled, courts of equity do not consider such legacy as necessarily... | |
 | Roper Stote Donnison Roper, Henry Hopley White - 1847 - 1000 Seiten
...Where legacy bequeaths a legacy to his debtor in his will, and either does not iob\&A&tor a not'ce l^e debt, or mentions it in such a manner as to leave his release of the intention doubtful, and after his death the securities for the debt -1_! are found uncancelled... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 700 Seiten
...it. And it is conceded by the plaintiff to be a general rule of law, that when a creditor bequeathes a legacy to his debtor, and either does not notice...such a manner as to leave his intention doubtful, and upon his death the securities for it are found uncancelled among his papers, the legacy is not considered... | |
 | Thomas Whitney Waterman - 1869 - 800 Seiten
...discharge it " (2 Roper on Legacies, 37, 62, 04 ; Vice-Chancellor in Sbigg v. Beekman, 2 Edw. Ch. R. 89"). Where a creditor bequeaths a legacy to his debtor,...the debtor is not considered as necessarily, or even priina f<tfie, a release or extinguishment of the debt ; but it requires evidence clearly expressive... | |
 | Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 816 Seiten
...Effect of appointing a Debtor or a Creditor to be Executov. 1. Of a Legacy by a Creditor to his Debtor. Where a creditor bequeaths a legacy to his debtor,...does not notice the debt, or mentions it in such a mauner as to (z) See infra, pt. in. bk. in. ch. in. parol evidence to control the presumption J n.... | |
 | Amasa Angell Redfield - 1879 - 616 Seiten
...American ed.) lays down the rule that where a creditor bequeaths a legacy to a debtor in his will, and either does not notice the debt, or mentions it...leave his intention doubtful, and after his death securities for the debt are found uncancelled among the testator's property, courts of equity do not... | |
 | Sir Edward Vaughan Williams - 1895 - 948 Seiten
...effect of appointing a debtor or a creditor to be executor. 1. Of a legacy by a creditor to his debtor. Where a creditor bequeaths a legacy to his debtor,...and after his death the securities for the debt, if any exist, are found uncanceled among the testator's property, the courts of equity do not consider... | |
 | 1896 - 1238 Seiten
...Rogers v. Murdock, 45 Hun, 32; Smith v. Murray. 1 Dem. Sur. 34; In re Colwell, 15 NY St. Rep. 742. When a creditor bequeaths a legacy to his debtor, and either...leave his intention doubtful, and after his death the security for the debt is found, uncanceled, among the testator's property, the courts of equity do... | |
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When a creditor bequeaths a legacy to his debtor, and either does not notice the debt, or mentions it in such a manner as to leave his intention doubtful, and after his death the security for the debt is found uncanceled among the testator's property,... 
