If a man makes two persons his executors and residuary legatees and dies, and then one of the executors becomes a bankrupt, a legatee under the wilt is intitled to recover front the other out of any part of the testator’s estate in his hands what remains due of his legacy, notwithstanding he had received interest upon it from the bankrupt for several years after it became payable, if the bankrupt would not during that time pay the principal, particularly if he were an infant during that time.
Citations:
[1790] EngR 1186, (1790) 2 Ld Raym 1320, (1790) 92 ER 362
Links:
Jurisdiction:
England and Wales
Wills and Probate, Insolvency
Updated: 22 November 2022; Ref: scu.364239