Gould v. Winthrop and Wife, Others
Supreme Court of Rhode Island
Bill in equity, filed by the plaintiffs, as executors of, and trustees under, the will of Hannah F. Gale, late of Newport, deceased, for the construction of said will, and for the marshal-ling of the assets and estate of the said Hannah in the payment of her debts.
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Bill in equity, filed by the plaintiffs, as executors of, and trustees under, the will of Hannah F. Gale, late of Newport, deceased, for the construction of said will, and for the marshal-ling of the assets and estate of the said Hannah in the payment of her debts. The suit, which was an amicable one, was heard in Providence, at the close of the March term, 1858, upon bill and answers ; and from these it appeared, that the testatrix, by her last will and testament, dated the 10th day of April, 1855, devised to the plaintiffs, and to the survivor of them, the Gale Mansion-house estate,…
1Opinion of the CourtBeaytoN, J.
The first question is, whether the mortgage debt is to be paid out of the estate mortgaged, dr that estate exonerated out of the other estate of the testatrix.
By the well-settled rule, as between the real and personal representatives, the personal estate is the primary and natural fund for the payment of debts of every description contracted by the testator or intestate. 2 Williams on Executors, 1042. This rule is not changed by the fact that any such debt is secured by mortgage upon the estate devised; and according to Mr. Jar-man, in his work on Wills, vol. 2, p. 552, there can at this day…
2Cases cited1 opinion
- Lewis v. DarlingSupreme Court of the United States · 1854
3Cited by4 opinions
- Dean v. RoundsSupreme Court of Rhode Island · 1893
- Mowry v. MowrySupreme Court of Rhode Island · 1902
- Potter v. BrownSupreme Court of Rhode Island · 1875
- Ryan v. MonastSupreme Court of Rhode Island · 1942