Tipping v Tipping
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1721 |
| Date | 01 January 1721 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 589
LORD CHANCELLOR MACCLESFIELD.
IP. WMS. 729. TIPPING V. TIPPING 589 [729] de teem. S. michaelis, 1721. Case 209.-tipping versus tipping. Lord Chancellor Macclesfield. (Reg. Lib. B. 1721, fol. 541.) One dies indebted by covenant more than all his personal assets can pay, and leaving real assets sufficient, the widow shall have her bona paraphernalia, in regard the creditor does not suffer thereby, there being real assets for him. A. by articles before marriage covenanted for himself and his heirs, with the wife's trustees, to lay out 3500 in a purchase of land to be settled on the wife for her jointure, remainder to the first, &c., sons of that marriage in tail male successively, and died intestate without issue, leaving assets in fee descending to his nephew,. who was his heir at law, but the personal estate was not near sufficient for the payment of his debts. The widow, who was administratrix, brought her bill against the heir, to compel him to make good her jointure, and to have the deficiency of the personal supplied out of the real assets, and having jewels, &c., which were her bona paraphernalia of the value of 200 and upwards, the question was, whether they in the first place, and in ease of the real assets, should be liable to satisfy this covenant, since bona para-phsr-[IJ3Q]-nalia were personal estate, and the rule was said to be, that all the personal ought to be applied in exoneration of the real estate. Ijord Chancellor. I take it, that bona, paraphernalia are not devisable by the husband from the wife, any more than heir-looms from the heir, so that the right of the wife to the bona paraphernalia is to be preferred to that of a legatee. (1 Ro. Abr. 911. The court divided as to this point.) If the husband by his will gives a lease or a horse, or any specific legacy, and leaves a debt by mortgage or bond in which the heir is bound, the heir shall not compel the specific legatee to part with his legacy in ease of the real estate; but though the creditor may subject this specific legacy to his debt, yet the specific or any other legatee shall in equity stand in the place of the bond-creditor or mortgagee, and take as much out...
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Hern contra Merick
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Seymour v Trevilyan and Others
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Probert v Clifford:-Esther Probert, Widow of Henry Probert the Younger, Plaintiff; (1) and Thomas Clifford and Others, Defendants
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