Mould v Williamson

JurisdictionEngland & Wales
Judgment Date01 January 1794
Date01 January 1794
CourtHigh Court of Chancery

English Reports Citation: 30 E.R. 178

IN LINCOLN'S INN HALL, LORD CHANCELLOR.

Mould
and
Williamson

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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5 cases
  • The Right Hon. James Earl of Bandon, - Appellant; Richard Henry Hedges Becher, Esq., - Respondent
    • United Kingdom
    • High Court of Chancery
    • 1 January 1835
    ...17 Ves. 273.; Gwillim v. Stone, 14 Id. 128. Denton v. Stewart, 1 Cox, 258.; as to decree for damages, 2 Eq. Ca. Abr. 303. Jacob, 632. ; 2 Cox, 386. ; 1 Atk. 48. ; as to day to be given to minor, Lansdown v. Beauman, Molloy's Rep. ; Mullins v. Townsend, 5 Bli. N. S. 567. English Reports Cit......
  • Lechmere v Brasier
    • United Kingdom
    • High Court of Chancery
    • 9 December 1821
    ...see Scarth v. Cotton, Gas. Temp. Talb. 198. Chaplin v. Chaplin, 3 P. W. 368. Uvedale v. Uvedale, 3 Atk. 117. Mould v. Williamson, 2 Cox, 386. In Powell v. Robins, 7 Ves. 209, 211, the doctrine seems to have been applied where the infant was a devisee; but according to Flasket v. Beeby, 4 Ea......
  • Price v Carver
    • United Kingdom
    • High Court of Chancery
    • 30 August 1837
    ...when he attained twenty-[159]-one, unless he shewed cause to the contrary; Hargrave v. Timlal (1 Bro. C. C. 136, n.), Mould v. Williamson (2 Cox, 386), Pope v. Gwi/n (2 Dick. 683), Uvedale v. Uvedale (3 Atk. 117). The proper form of the decree in this case will be to direct an account of wh......
  • Powell v Robins
    • United Kingdom
    • High Court of Chancery
    • 4 June 1802
    ...for the charges paid ; and to keep down, the interest of the remaining charges out of the rents and profits. See the account of this case, 2 Cox, 386. English Reports Citation: 32 E.R. 84 HIGH COURT OF CHANCERY Powell and Robins See Mirehouse v. Scaife, 1837, 2 My. & Cr. 701. For Brydges v......
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