Citation Numbers: 8 A.2d 765, 126 N.J. Eq. 295
Judges: LEWIS, V.C.
Filed Date: 10/24/1939
Status: Precedential
Modified Date: 7/5/2016
The main issue in this suit was passed upon in the opinion heretofore filed, which is reported in
In Ford v. Westervelt,
"Personal estate is liable in the hands of the executors for the payment of debts, and the executors are required to discharge the debts thereout before they satisfy any description of legacy. There is no distinction in this respect in favor of specific legacies. 2 Wms. Ex. (N. T. Ed.) 653; Crosw. Ex. § 478;Schoul. Ex. Adm. § 476; Shreve v. Shreve, 2 Stock. 391; S.C.on Appeal, 2 C.E. Gr. 487; Coddington v. Bispham, 9 Stew. Eq.224, S.C. on Appeal, 9 Stew. Eq. 576."
Kearns v. Kearns,
In Higbie v. Morris,
"Aside from statutory provisions, executors have no power to use the lands of the testator for the payment of his debts, except so far as an intent to give them such power appears in the will."
The executor has filed his account and all the parties interested being before the court and their respective rights all having been determined, it is proper that the decree should provide for the distribution of the personal property to the persons entitled thereto, namely, by the payment to complainants of their respective pro rata share of the bank account out of which the specific legacies are payable, after the payment of the funeral expenses, debts, executor's fees and suitable allowances to the counsel for the successful defendants. *Page 297