Page:United States Reports, Volume 2.djvu/249

 Seann Cesar or Pemfyloanb. sr; li
 * 796. I

Runes': Eaeeumrs wrju Rurrow. """ € a&ion a vqrdi& hadxen take¤°fprd:‘:hec0Plaintil}'•,` 6'WQ gy} or 2096 I 4, u` to 'nion urt,ona ` gointreérved, toybe ar;':?d uponcrmotion fora new trial. /0-W ld ‘hecafewasthis:-·]•$Ruj¤•madehialaliWilla¤dTeila- Z1 1,L rnent,datedther7thof_7•n•••y l784,3¤ddI¤’Cb,£I'&,“T‘ 5' 3 Hrjaledhufddekr rmdjiuzralebargcrpuid, he bequea ed 2 [goo. and fome fpecilie goods and chattels, to his wife. He Z" 2/. ¤extdevifeda|lhisrealeilatewhiseldelifoy,tTb¤mu•:;r1in‘{::i1e: $4% 2/4 prond'edhe tohisexecutors_ooo, ann in *7 ments, dutinlgafglen years and a halfigand dirhfled, in ufe of ' X if his l`on’s failing to mahe thefe payments, within three months I$9 *5.* after the times limited for them refpeflively, that his executors {hall fell and convey particular pam of his real eliate; but he ‘ made no provilion for the fale of the relidue, ,conlifling of a MeH`uage,hfill,andTra•‘.tofgzg acresofland. Hethen gave to eachof his children legacies in money, and alfolfome fpecilic `es, which were tokisfull g"tbeirr¢·_/pe8iw_A¤n:y`bir _
 * He bequeathed [ too to a charitable ufe, tobé taken out

of the remainder of his diane, before anylhare ordividend lhallbe madeto hisfons and daughters: And, laflly, he willed ` and bequeamed tberenainder ofhiselitatetohis livcchildren,to bedividedinto tenparts, ofwhich one part is given to his [aid · bldefl: fun Theme: Rq/ku, another to his daughner Scrub, and the remaining eight parts are given to the three younger children, in equal proportions." Part of the teflatofs real eliatc, devi- fed to his (on Thomas Riga, was fubjefl to amortgage given to the managers of the  H@itaL Thorn.: Rryfuv, the devifee, ad paid no part of the [gooo; the lands which ` the Executors wue empowered to fell had, confequently, been fold; but after appiying the proceeds of the fale, fome of the debts, and all the pecuniary legacies, remained unpaid. For the diference between the proceeds of the [ale, andthe [gooo, the prefent aélion was brought. The cafe was argued in Sepmhr term lall, by Ingegéll and . M*K:a:1, for the plaintiH§, and by-E. 17{gbnmn and Hmtl, for the defendant: And two queflions were made. ill. Wliether ' the whale of the real eitate devifed to the defendant Thome: Rt? ion, was liable for the payment of tl$J[3o·ao, for fatisfying e teilator's debts and legacies? ad. hether the defendant was bound to difcharge the mortgage, on a part of the lands deviled to him, out of his own funds; or the Eaecutors were bound to difchar it out of the tellator’s perfonal ellate? On sie quellion the plainqfs couufel cited 2 Wn!. 357. H 2 I Eq.

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