Difference between revisions of ".MzU0Mjk.MTIzNTEz"

From Transcribe Wiki
Jump to navigation Jump to search
m (Protected ".MzU0Mjk.MTIzNTEz" ([Edit=Allow only administrators] (indefinite)))
(No difference)

Revision as of 16:05, 16 June 2021

of the Exor. unadministered for now [illegible] from the evidence in this cause but that there are sufficient assets in the hands of the Exor. to pay off both the debts & the specific legacy. From it is [illegible] the bill which is not on oath and by no means admitted by the answer, the intention of the defendants being slaves and the peculiar nature of the case placed it beyond their power to give as direct denial to the allegations on the bill they however pray a settlement of the Exors. account in order to ascertain that fact. I concur in the suggestion made by the counsel for the complainant in his notes that the English court of Chancery by then decisions [illegible] but little light on this question and that we must be governed on the case by our own [illegible] provisions and the great cardinal rule in the construction of the will to wit. The intention of the testator. There is nothing or any clause of the will from which it can be informed that it was the intention of the testator in case the personal property after deducting the legacy to Miss Mary Conn should be insufficient for the payment of the debts to render the slaves liable and present the legacy to Miss Mary Conn to remain [illegible]. [illegible] that when there is a total [illegible] of other personal property that slaves may be sold for the payment of debts and when they are emancipated by the will may be hired out to [illegible] assets to discharge the debts but even when they are not emancipated by the will the law gives them a preference over other personal property. A reference to the 5th clause in the will, will show the great [illegible] & interest displayed by the testator in the emancipation of his slaves & the 6th clause mainly provides for the payment of the debts after deducting the specific legacy to Miss Mary Conn, the testator [illegible] pressuring that then the