Powell's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1692 |
| Date | 01 January 1692 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 825
COURT OF CHANCERY
[202] powell's case. Pasc. Anno 16 92. A Mortgagee, who had nothing left but an Equity of Redemption of the mortgaged Lands, devised the said Equity of Redemption for the Payment of his Debts, and some Legacies which he had bequeathed to several Persons by his said Will: The Question was, Whether the Creditors should be paid before the Legatees 1 And it was decreed, That if the said Estate did not stand charged with the Debts before, but only by the Will, that in such Case both Creditors and Legatees shall come in pari passu. In the Argument of this Case it was held, That if a Man devise an Annuity to a Child, to be issuing out of certain Lands, and by the same Will he deviseth the same 826 STRODE V...
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