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" If I give to A. and his heirs all my real estate, charged with my debts, that is a devise to him for a particular purpose, but not for that purpose only. If the devise is upon trust to pay my debts, that is a devise for a particular purpose, and nothing... "
Reports of Cases Adjudged in the High Court of Chancery: By the Vice ... - Page 198
by Great Britain. Court of Chancery, John Walter de Longueville Giffard - 1860
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Reports of Cases Argued and Determined in the High ..., Volume 1; Volume 30

Great Britain. Court of Chancery, Francis Vesey, John Beames - 1813 - 618 pages
...which this Court has gone. If I give to A. and his Heirs all my real Estate, charged with my Debts, that is a Devise to him for a particular Purpose,...particular Purpose, and .nothing more ; and the Effect of those Two Modes admits just this Difference. The former is a Devise of an Estate of Inheritance for...
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A Treatise on the Principles and Practice of the High Court of ..., Volume 2

Henry Maddock - 1817 - 440 pages
...Hopkins v. Hopkins, 1 If one gives to A. and his heirs all his real estate, " charged with his debts," that is a devise to him for a particular purpose ;...purpose only. If the devise is, " upon trust to pay his debts," that is a devise for a particular purpose, and has a different effect : the former is a...
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A General Treatise on the Principles and Practice by which Courts ..., Volume 1

John Eykyn Hovenden - 1825 - 656 pages
...purpose, but not trust to pay such for ^a^ purpose only. If the devise be, on trust to pay the testator's debts ; that is a devise for a particular purpose, and nothing more. The wide difference of effect is this ; — the first mode is a devise of an estate of inheritance...
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A Treatise on Legacies: Or Bequests of Personal Property

William Ward - 1826 - 536 pages
...failure. " If I give to A. and his heirs," says Lord Eldon, " all my real estate, charged with my debts, that is a devise to him for a particular purpose,...particular purpose, and nothing more ; and the effect of those two modes admits just this difference. The former is a devise of an estate of inheritance for...
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A Treatise on the Principles and Practice of the High Court of ..., Volume 2

Henry Maddock - 1827 - 520 pages
...result to the Heir (/). If one gives to A. and h<s Heirs all his real Estate, " charged with his Debts," that is a Devise to him for a particular purpose ;...purpose only. If the Devise is, " upon Trust to pay his Debts," that is a Devise for a particular purpose, and has a different effect ; the former is a...
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A Treatise on the Equity Jurisdiction of the High Court of Chancery

George Jeremy - 1828 - 738 pages
...should, by will, give to A. and his heirs all his real estates charged with his debts, that would be a devise to him for a particular purpose ; but not for that purpose only : whereas, if he should so give the same upon trust to pay his debts, it would be a devise for a particular...
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The Ecclesiastical Law, Volume 4

Richard Burn - 1842 - 846 pages
..." If I give to ™'" "« A. and his heirs all my real estate, charged with my debts, io°tL°i>!!>" that is a devise to him for a particular purpose, but not for VIMethat purpose only. If the devise is upon trust to pay my debts, that is a devise for a particular...
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A Practical Treatise on the Law Relating to Trustees: Their ..., Volume 646

James Hill - 1845 - 704 pages
...(li). If the gift be to .4. SECT. 3. and his heirs, charged with the payment of debts, that is a gift to him for a particular purpose, but not for that purpose only. If the gift be upon trust to pay debts, that is a gift for the particular purpose, and nothing more. The former...
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The Equitable Jurisdiction of the Court of Chancery: Comprising ..., Volume 2

George Spence - 1850 - 930 pages
...(518, supra, and see Wainwright give to A. and his heirs all my real estate, charged with my debts (a), that is a devise to him for a particular purpose,...particular purpose, and nothing more : and the effect of those two modes of disposition admits just this difference ; the former is a devise of an estate of...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 2

Joseph Story - 1870 - 914 pages
...direction be in the introduction or in any other part of the will, that all the debts of the testapurpose, but not for that purpose only. If the devise is upon...particular purpose and nothing more ; and the effect of those two modes admits just this difference. The former is a devise of an estate of inheritance for...
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