This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...assets which come to his hands before paying other creditors of equal degree, and this even though his own debt is statute-barred. note the words italicised: for an executor could not pay himself, whether a specialty, or simple contract, or judgment creditor of the deceased, before paying a debt due to the Crown, or ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...assets which come to his hands before paying other creditors of equal degree, and this even though his own debt is statute-barred. note the words italicised: for an executor could not pay himself, whether a specialty, or simple contract, or judgment creditor of the deceased, before paying a debt due to the Crown, or debt incurred for the funeral expenses, these debts being of a higher nature, and being paid first; see ante, p. 152. Note, also, that the right, although generally referred to as the executor's right of retainer, applies to administrators as well as executors, but that it does not apply to an executor de son tort. And lastly, note, that if A. and B. are executors (or administrators) of C., and also creditors of his, out of any assets coming to either A. or B. in their representative capacity both will be entitled to receive an equal proportion in satisfaction or part satisfaction of their debt, for an executor cannot retain his own debt in preference to that of his co-executor of equal degree. See p. 264. II. Remitter. See the definition given on p. 267. An example will assist you to understand this species of redress by operation of law. A. wrongfully turns B. out of his lands; B.'s proper remedy to regain possession will be by entry, if he can do so peaceably (see ante, p. 214), and if not, by action to recover possession. Neither of these steps on B.'s part will, however, be necessary if A, by word of mouth, or by writing, had granted a demise of the lands to B. as tenant from year to year, for such demise will operate as a remitter--that is, B. will, by this subsequent, and of course defective, title which he obtains to the lands, be remitted or sent back to the old and good title which he had before being turned out of possession. Note Her...
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All Editions of Intermediate Law Examination Made Easy: A Complete Guide to Self-Preparation in Mr. Serjeant Stephen's New Commentaries on the Laws of England (1882)