(Lincoln’s Inn Hall) Devise to trustees to pay debts, then to stand seised to the use of A ‘for Life, without impeachment of waste ; after his decease to the use of the heirs male of his body, severally, respectively, and in remainder, is an estate-tail in A. Where tenant for life pays off an incumbrance upon the estate, he shall be considered as a creditor for the money so paid ; but where tenant in tail pays, it is in exoneration of the estate of which he may make himself absolute owner. This is merely a general rule of presumption or primary inference ; and therefore liable to be rebutted by circumstantial evidence to the contrary.
Citations:
[1783] EngR 55, (1778, 1783) 1 Bro CC 206, (1783) 28 ER 1086
Links:
Jurisdiction:
England and Wales
Trusts
Updated: 15 May 2022; Ref: scu.372184
