 | Great Britain. Court of Chancery, James Russell - 1830 - 696 Seiten
...executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do so; so; but he cannot affect the legatees, except by suit; 1826. and he cannot affect the executor at all.... | |
 | Great Britain. Court of Chancery, James Russell - 1830 - 684 Seiten
...executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do 13T so; but he cannot affect the legatees, except by suit; and he cannot affect the executor at all.... | |
 | Joseph White Moulton - 1831 - 506 Seiten
...executor has paid away the residue, he is not without remedy, though he is barred the beix fir of that decree. If he has a mind to sue the legatees, and bring back (he fund, he may do so; but he cannot affect the legatees, except by suit ; and he cannot affect the... | |
 | Great Britain. Court of Chancery, James William Mylne, Benjamin Keen (Reporter) - 1834 - 810 Seiten
...executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and...the fund, he may do so ; but he cannot affect the legatees, except by suit, and he cannot affect the executor at all." A creditor is not concluded by... | |
 | John Sidney Smith - 1835 - 718 Seiten
...the residue, he is not without remedy, though he is barred the benefit of that decree. If he chooses to sue the legatees, and bring back the fund, he may do so; but he cannot affect the legatees, except by suit, and he cannot affect the executor at all. Gillespie v. Alexander, 3 Russ.... | |
 | Francis Stack Murphy, Edwin Tyrrell Hurlstone, Great Britain. Court of Exchequer - 1838 - 416 Seiten
...executor has paid away the residue, he is not without remedy, though he is debarred the benefit of that decree. If he has a mind to sue the legatees, and...back the fund, he may do so; but he cannot affect the legatees, except by suit, and he cannot affect the executor at all." The remedy, then, against the... | |
 | Great Britain. Court of Chancery - 1843 - 986 Seiten
...paid away the residue, he is not without remedy, though he is barred the benefit of that decree; for, if he has a mind to sue the legatees, and bring back the fund, he may do so. Now, that is a case in which the assets have been administered in ignorance of the claim, because they... | |
 | 1858 - 806 Seiten
...is not without remedy, though ho is barred the benefit of that decree. If he has a mind to sue tho legatees, and bring back the fund, he may do so, but he cannot affect the legatees except by suit, and he cannot affect the executor at all.' The dicta upon this point are exceedingly... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1858 - 776 Seiten
...without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees to bring back the fund, he may do so; but he cannot affect the legatees except by suit, and he cannot affect the executor at all." The dicta and authorities on this... | |
 | United States. Supreme Court - 1870 - 868 Seiten
...executor has paid away the residue, he is not without a remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees and bring...back the fund, he may do so, but he cannot affect the legatees except by suit, and he cannot affect the executor at all." And the chancellor ordered that... | |
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If a creditor does not come in till after the executor has paid away the residue, he is not without remedy, though he is barred the benefit of that decree. If he has a mind to sue the legatees, and bring back the fund, he may do so; but he cannot affect... 
