...of Smith v. Closeton («). A testator by one devise had given an estate to trustees and their heirs upon trust to sell, and out of the proceeds to pay his funeral expenses, debts, and legacies, and, subject thereto, upon trust to pay the surplus to his wife....

...direction to pay them out of the land, that fund alone is liable (n). Thus where a testator devises his estate to trustees, upon trust to sell, and out of the proceeds to pay legacies generally, and afterwards gives to A. a legacy of £100, that legacy will be charged upon...

...under a decree. PMps v. Prothero, 274 EXCEPTIONS. See DISCOVERY. EXECUTOR, See ASSETS. INFANT. 793 his eldest son was surety to the mortgagee, devised...son entering into a new covenant for payment of the 1500?., and interest at a different rate, with a new proviso for redemption; and he covenanted for...

...was surety to the plaintiff became tenant in tail. The testator devised another estate to tmstees, upon trust to sell, and out of the proceeds to pay...whom he appointed executor and residuary legatee. the personal support of herself, her husband, and his children, during the life of his nephew and his wife...

...Law J. Rep. (NB) Chanc. 269; 2 De Gex & S. 243. A testator having mortgaged an estate for 1,500/., for payment of which his eldest son was surety to...son entering into a new covenant for payment of the 1,500/. and interest at a different rate, with a new proviso for redemption, and he covenanted for...

...settlement; and he devised and bequeathed the by"il will°Wer remainder of his real estate and his personal estate to trustees upon trust to sell, and out of the proceeds to pay his debts : ^ie testator also, by his will, appointed the estates, over which llc na<la power of appointment,...

...and future payments, and in consideration of such release the obligor conveyed certain hereditaments to trustees upon trust to sell, and out of the proceeds to pay 3000Z. to -V , her executors or administrators, and the surplus to himself, N. being a party to such...

...bequeathed to George Taylor and Peter Sharland their heirs, &c., all his real and personal estate, upon trust to sell, and out of the proceeds to pay his debts, &c., and to invest the residue on mortgage of freeholds, copyholds, or leaseholds, or on government...

...merely adding or substituting another amount. Thus, in Leacroft v. Mai/nurd, there was a devise to three trustees upon trust to sell, and out of the proceeds to pay £50 to each of the trustees, and certain charitable and other legacies. Then, by codicil, the testator...

...the case proposed. Q. — A testator bequeaths all his personal estate to A., and devises his real estate to trustees upon trust to sell, and out of the proceeds to pay his funeral and testamentary expenses and debts, and to pay the residue to B. Will the personal or real...