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A Concise Treatise on the Law Relating to Executors and Administrators

A Concise Treatise on the Law Relating to Executors and Administrators


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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. 1908 Excerpt: ... the surplus in payment of the simple contract debt, whether the debt is due to himself individually or to a partnership of which he happens to be a member. The mere possession of assets gives no right of preference to a creditor (g). But where the executor has a legal preference, he can Executor exercise that right on behalf of a firm of which he is a partner preference1 and accordingly retain on behalf of himself and partners (/(), "t'on behair but should he die before exercising the right, since the legal of a firm of. _ which he la interest in the debt thereupon devolves on tbe surviving a partner, partner, the right of retainer no longer exists (i). Where a creditor had proved his debt in an administration No retainer action and then died having bequeathed the debt to the acquired by executrix of the testator in the cause, it was held that she had testano right of retainer in respect of it (k). The reason for allow-tor's death, ing a retainer, viz., that the executor cannot sue himself and should in consequence be allowed a preference, would seem to (/) Williams (loth ed.) 796. and per Jessel, M.R., in Talbot r. (#) Talbot r. Frere, (1887) 9 C. D. Frere, itbi sup., at p. 575. 568; and see lie Gedney, 1908 1 Ch. (i) Burge v. Brutton, itbi tup. 804. (7) Jones r. Evans, (1876) 2 C. D, (A) Per Wigrara, V.-C, in Burge 420. t. Brutton, (1848) 2 Hare, 373, 376; Executor being surety of testator niay retain. Adminis-trator d. m. ce. may retain for infant's debt. So administrator for use of a lunatic may retain for lunatic's debt. Executor may retain for a statute barred debt. have no application to such a case; nor to the case of an executor acquiring by assignment a debt after his testator's death. The Judicature Act, 1873, s. 25 (6), makes the assignmen...


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Product Details
  • ISBN-13: 9781130891195
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130891194
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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