A testator bequeathed legacies to A., B. and C., payable out of his personal estate, and he devised his real estates, subject to the payment of his debts, to D. and E. The personal estate being exhausted in payment of debts, the legatees were held entitled, on the principle of marshalling, to have recourse, for payment, to the real estate, to the prejudice of the devisees.
Citations:
[1854] EngR 736, (1854) 19 Beav 406, (1854) 52 ER 407
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 16 September 2022; Ref: scu.293593