Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 3;

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1807 Excerpt: ...of that sum has been received by the complainants. Enoch Silsby filed a bill in equity in the circuit court of the United States, for the district of Georgia, against Young, to compel him to account, and pay over to him, as residuary legatee, all the estate remaining in the hands of Youne. The complainants, ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1807 Excerpt: ...of that sum has been received by the complainants. Enoch Silsby filed a bill in equity in the circuit court of the United States, for the district of Georgia, against Young, to compel him to account, and pay over to him, as residuary legatee, all the estate remaining in the hands of Youne. The complainants, Sarah and Abigail, filed the pre. sent bill in equity in the same court against both Thomas Young and Enoch Silsby, praying that Enoch's legacy of 1,500/. may abate in favour of their legacies, and that they may charge the residue of the estate for the balance, and have their 2,000/. placed out on good security according to the will, and that they may be paid the arrearages of their annuities out of the 1,500/. legacy, and out of the residue of the estate which came to the S. Abb A. hands of Younjr. SlT YoVHO AXB The judge below (Judge Stephens) dismissed the pre-Sim». sent bill, and decreed, that Young should account to V » Enoch Silsby, upon the other bill in which Enoch Silsby was complainant, and Thomas Young defendant. Morsell, for plaintiffs in error. 1st. If the plaintiffs have not discharged the general funds, they are entitled to the relief they pray for. 2d. They have not discharged those funds, nor relinquished their claim upon the whole estate of the testator. It is true, that if one legatee, by diligence, has got his legacy-, he shall not be obliged to refund, in case of a subsequent waste of effects by the executor; but that is only where all the legacies are payable at one time, and the legatees are in a capacity to compel the payment of their legacies. In the present case, the principal of the legacies to the complainants, was not to be paid. to them. The testator had directed his executor to set apart 2,000/. sterling, and to p...
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Product Details

  • ISBN-13: 9781150157189
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 178
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.38 (d)

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