SKRIMSHIRE v. THE MELBOURNE BENEVOLENT ASYLUM

20 VLR 13·MADDEN, C.J., HOLROYD, and HODGES, JJ.
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20 VLR 13
20 VLR 13
SKRIMSHIRE v. THE MELBOURNE BENEVOLENT ASYLUM Supreme Court of Victoria (Full Court) MADDEN, C.J., HOLROYD, and HODGES, JJ. March 2, 05 March 1894 Will — Legacy to executors — Priority — Abatement — Administration and Probate Act 1890 (No. 1060), s. 26 — Costs .

Sec. 26 of the Act No. 1060 has not altered the position of an executor from that of a volunteer. A pecuniary legacy left to an executor in lieu of any commission for trouble in managing the estate has no priority over other pecuniary legacies, and is subject to abatement with other pecuniary legacies.

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