Probert against Clifford
| Jurisdiction | England & Wales |
| Judgment Date | 18 May 1739 |
| Date | 18 May 1739 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 3
HIGH COURT OF CHANCERY
Wife shall not have satisfaction against devisee for paraphernalia.-Lib. Reg. 1738, B. fo. 310. S. C. 1 Capp. MSS. 148, Tot. Verb.; 1 Atk. 440; 2 Cox, P. Wms. 544 n.
[6] Case 2.-probert against clifford. 18th May 1739. [Wife shall not have satisfaction against devisee for paraphernalia.-Lib. Reg. 1738, B. fo. 310. S. C. 1 Capp. MSS. 148, Tot. Verb.; 1 Atk. 440; 2 Cox, P. Wms. 544 n.] Question-Whether the wife, who was obliged, after her husband's death, to permit his executors to sell her paraphernalia for payment of her husband's debts, should be permitted, by circuity, to receive satisfaction out of the real assets which he had charged with payment of his debts, and subject thereto had devised the said real estate to others 1 N.B. The personal estate was exhausted in payment of his debts. Lord Chancellor declared, that the Court had decreed satisfaction out of the real assets for paraphernalia, where real assets had descended, and mentioned the case of Tipping v. Tipping (1 Wms. 730); but said, that the case so ajdudged had gone a great way, for that the wife's paraphernalia, by the old law, were during the husband's life in his power; and as the Court had not, in any former instance, decreed the wife sati faction, by way of circuity, out of real assets, against the devisee, for her paraphernalia, he would not establish a precedent.(l) (Townshend v. Ash, 2 Vez. 7. Northy v. Northy, 2 Atk. 77, Case 74.) (1) It was by the decree declared, that if the personal estate of "the" testator was not sufficient for payment of the debts, such deficiency was to be raised by sale of the testator's real estate, liable to the specialty debts; and it was ordered that the Master should inquire whether any real assets of the testator descended on his heir : and if any such, then that the same or a sufficient part thereof should be sold, in the first place for payment of the debts, and if that should not be sufficient, then that the devised estates, or a sufficient part thereof, should be sold...
To continue reading
Request your trial
-
AHMAD MAZNI BIN BAHARUMSHAH vs PENTADBIR TANAH HULU LANGAT
...11. On 22.12.2016, the Land Office gazetted the forfeiture of the subject-lot : Plaintiff’s Affidavit-In-Support paragraph 16 and Exhibits “AMB-6” and On 7.2.2019, the State Authority via the Land Office forfeited the subject – lot pursuant to the National Land Code on ground of failure to ......
-
AMBANK (M) BERHAD vs REV ENGINEERING WORLDWIDE (M) SDN BHD
...and Indemnity” are correct and accurate with it’s substance and contents. 20 25. Based on the close scrutiny of Exhibit AMB – 4 and Exhibit AMB - 6 the wordings of “All Monies Facilities Agreement” and “All Monies Guarantee & Indemnity” respectively, it can manifestly be seen at the 25 bott......
-
Cornewall v Cornewall
...specialty creditor, has no equity to come upon devised realty for a contribution. Eidout v. Lord Plymouth (2 Atk. 104); Probert v. Clifford (Amb. 6; 2 P. Will. 544, note); Tipping v. Tipping (1 P. Will. 729); Graham v. Lard Londonderry (3 Atk. 393). The case of Snelson v. Cm-bet (3 Atk. 369......
-
Bishop v Church
...cited p. 101, is in 2 Atk. 31. Blundell v. Barker, cited ibid, is in 1 P. W. 634. Probart v. Clifford, cited p. 102, is in 1 Atk. 440, and Ambler, 6. Primrose v. Bromley, cited ibid, is in 1 Atk. 89. English Reports Citation: 28 E.R. 551 REPORTS IN CHANCERY OF FRANCIS VESEY, SENIOR Bishop ......
-
Entry Into Parenthood and the Outcome of Cohabiting Partnerships in Britain
...I model the antecedents of becoming preg-Department of Social Statistics, University of Southampton.Southampton, United Kingdom SO17 1BJ (amb6@soton.ac.uk).Key Words: birth cohort, cohabitation, partnership disso-lution, premarital conception.nant while cohabiting and the subsequent outcome......
-
Birmingham and Bromsgrove Road Act 1831
...Shilling and I$ght*pi*ce per Score, and so in proporriran for any greater or less Nurribeir: For every Drove of Calves, Swine, and Sheep or &amb6#;$^*Sum' of T-en-pence per-Scot'e, anftisQ m^prqpoBtionibr.any plater or less Number: Tolls on loAlso for every locomotive Steam Bft^iflg for pro......
-
St. Katharine's Dock Act 1825
...3 Ditto - ; ' - Ditto Ditto - * - * William Riddle. 4 Ditto Ditto Ditto . --. . - George PanchArd. 5 Ditto Ditto * Ditto - Francis Ambler. 6 Ditto --.? Ditto - - Ditto - - Ann Brewer. MARLOW ALLEY. W. & Elizabeth-* 1 House - j Ditto - -J Hinton and James Ingoe - -J .Thomas; Parker. 2 Ditto ......