A Treatise On the Law of Fraud On Its Civil Side
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Generally speaking, he does not become a party to the breach of trust by buying or receiving as a pledge, for money ad- vanced to the executor at the time, any part of the personal assets, whether specifically given by the will or otherwise.
Such sale or pledge is considered prima facie consistent with 1 Peter v. Beverley, 10 Peters, 532. * Pettijohn v. "WUliams, 1 Jones, 2 Van Pell v. Veghte, 2 Green, 207. U5.
3 Davis V. Spurling, 1 Russ. & M. 64.
250 PAETIES CONCEENED. [CHAP. II.
the duty of ...an executor. Generally speaking, he does become a party to the breach of trust by buying or receiving in pledge any part of the personal assets, not for money advanced at the time, but in satisfaction of his private debt. Such a sale or pledge is considered inconsistent with the duty of an executor.^ So held Sir John Leach in the case cited.
The court said ' generally speaking' of these propositions, for there seemed to be exceptions to both of them. Thus a sale or pledge for the private debt of the executor was supported under special circumstances in two cases before Lord Hard- wicke,^ though not entirely to the satisfaction of succeeding judges.
What to read after A Treatise On the Law of Fraud On Its Civil Side?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Generally speaking, he does not become a party to the breach of trust by buying or receiving as a pledge, for money ad- vanced to the executor at the time, any part of the personal assets, whether specifically given by the will or otherwise.
Such sale or pledge is considered prima facie consistent with 1 Peter v. Beverley, 10 Peters, 532. * Pettijohn v. "WUliams, 1 Jones, 2 Van Pell v. Veghte, 2 Green, 207. U5.
3 Davis V. Spurling, 1 Russ. & M. 64.
250 PAETIES CONCEENED. [CHAP. II.
the duty of ...an executor. Generally speaking, he does become a party to the breach of trust by buying or receiving in pledge any part of the personal assets, not for money advanced at the time, but in satisfaction of his private debt. Such a sale or pledge is considered inconsistent with the duty of an executor.^ So held Sir John Leach in the case cited.
The court said ' generally speaking' of these propositions, for there seemed to be exceptions to both of them. Thus a sale or pledge for the private debt of the executor was supported under special circumstances in two cases before Lord Hard- wicke,^ though not entirely to the satisfaction of succeeding judges.
What to read after A Treatise On the Law of Fraud On Its Civil Side?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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