Mould v Williamson
Jurisdiction | England & Wales |
Judgment Date | 01 January 1794 |
Date | 01 January 1794 |
Court | High Court of Chancery |
English Reports Citation: 30 E.R. 178
IN LINCOLN'S INN HALL, LORD CHANCELLOR.
MOULD V. WILLIAMSON 2 COX, 386. [386] mould versus williamson. In Lincoln's Inn Hall, Lord Chancellor. March, 1794. On further directions.-Testator devised an estate to his heir at law, charged with two legacies, and afterwards died indebted on specialty, leaving his heir an infant. In this case the parol shall not demur. The testator in this cause devised one of his estates to his heir at law, charged with the payment of two legacies, one of 1000 the other of 525. He also devised other estates to his heir, without any charge on them. He died considerably indebted on specialty, and left his heir at law an infant. The bill was filed by specialty creditors for payment of their debts. And the personal estate being insufficient, the question was, whether the real estates could be sold during the infancy of the heir, or whether the parol must not demur. Mansfield argued, that as to the estate charged with the legacies, the parol would not demur ; for the legatees had a right to have their legacies immediately raised, they being...
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