NETTLETON v. MOLINEAUX

15 VLR 13·HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.
15 VLR 13
15 VLR 13
NETTLETON v. MOLINEAUX Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ. March 5, 06 March 1889 Action against executor — Devise of land subject to payment of all debts .

Under an agreement to purchase land A paid 50l. deposit, undertaking to pay the balance by giving his promissory notes, which were endorsed by B. A died, devising to B the land under the following bequest:—"After payment of all my just debts, funeral and testamentary expenses, I give, devise, bequeath, unto B all the estate, right, title, and interest of which I am now possessed or entitled, or shall hereafter become possessed or entitled in and to." When the notes became due they were paid by B as the endorser. The personalty of the testator was sufficient to pay all his debts, including the amounts of these promissory notes. B now sued the executor for the amount of the notes paid by her.

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15 VLR 13

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