Reports of Cases in the High Court of Chancery [1789-1817] Volume 7

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. 1804 Excerpt: ... that it is so in the hands of the heir; it is too late now to contend, that the descent must be broken; (a) In the Court of Exchequer. (b) i Atk. 290.. (c) Stat. 3 and 4. WilL aud Mary, c. 14. Vol. VII. Y though x8o2. though certainly the old Cases were so. In Burt r. Thomas it was decideJ upon argument, that a Charge made the assets equitable. In fiewton v. Iknnet (a), though Lord Thurlow is represented as intimating, that tlie descent must be broken, that was not required in that Case; and in Burt v. Thomas, in which Case the question was tnuc'i ag'lated, Mr Baron 1 hompson stated from Lis own note, that the report is inaccurate in that respect, and Lord Thurlow said no such thing, but considcad a t Charge sufficient. BaUon v. Lindep een (b) was a mere charge. Though the heir takes by his better title, ret upon this question it makes a consideiable difference asio the title. If there is a Devise to the heir in trnsi to pay Debts, he will be a Trustee; though in one point of view he takes by ('escent. There can be no doubt, the intention is the same in the Case of a Charge as upon an express Devise; which the Court would clearly consider a trust for all the Creditors. The Attorney General'for the sreialty Creditors contended, that by this Will the descent was not broken; and that a Charge has not the effect of making the assets equitable. Revise, charged The Lord CHANCELLOR. with debts, to The question upon this Will, if it turns upon the point, whether the descent was broken, would be, whether during the infancy of the heir the legal estate was and take the in him; and if it was necessary to determine that, rents, issues and I am rather inclined to think, it was not; that the use profits; and wag nQt executea j lim. considering the words of t...