(India) Legacy of 12,000 star pagodas reserved by a Testator from his estate, and devised in favour of his Great-grand-daughter, having, in pursuance of the directions contained in the Will been put in strict settlement by the Executors, and subsequently secured by a mortgage of the real estate of the Testator to the Trustee of the settlement: held to be an equitable charge upon the whole of the real estate of the Testator, and there being no evidence of the payment off of such charge, the sale of a portion by the Sheriff of Madras, can under a writ of execution, declared to be invalid.
Citations:
[1838] EngR 1035, (1838) 2 Moo Ind App 84, (1838) 18 ER 233, [1838] UKPC 21
Links:
Wills and Probate
Updated: 23 July 2022; Ref: scu.313041