AA, who was both heir and administrator, gave to a creditor of the intestate a mortgage on the descended estate for his debt, which he covenanted to pay. The creditor thereupon gave to AB as administrator, a receipt for the debt, but no
money passed. Held, in taking an account of the personal estate of the intestate as against AB, that he was entitled to charge the amount of this debt as a payment
out of the personal estate,
Citations:
[1866] EngR 129, (1866) 35 Beav 382, (1866) 55 ER 943
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 12 December 2022; Ref: scu.280840