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" Upon this principle it was decided, in a modern case, that payment of money to an executor, who has obtained probate of a forged will, is a discharge to the debtor of the... "
Reports of Cases Argued and Determined in the Court of Chancery, the ... - Page 525
by New Jersey. Court of Chancery - 1877
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A General Index to the Modern Reporters, Relative to the Law ..., Volume 1

Esq. John Kells - Law reports, digests, etc - 1797 - 530 pages
...the action by the creditor. l£. \ • *'" 298. Payment of a debt to an executor who has obtzjetd * probate of a forged will, is a discharge to the debtor of the. inteih;i.\ notwithilanding the probate be afterward* declared null, and adminiftration be granted to...
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Monthly Review; Or New Literary Journal

1797 - 614 pages
...Executor. The first of these cases lays it down that payment of money to an executor, who has obtained probate of a forged will, is a discharge to the debtor of the intestate, notwithstanding the probate be afterward declared null, and administration be granted to...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 732 pages
...cannot be impeached in the temporal courts. Hence, payment of money to an executor, who has obtained probate of a forged, will, is a discharge to the debtor of the intestate; although the probate be afterwards declared null, and administration be granted to the intestate's...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...the temporal mum. Allen v. Dmda». 3 TR 125 *. Payment of a debt to an executor, who has obt.iineil a probate of a forged will, is a discharge to the debtor of the ¡atéstate, notwithstanding the probate be afterwards dechred null, and administration be {rnuitcd...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 2

Nicholas Baylies - Law reports, digests, etc - 1814 - 478 pages
...courts. Allen v. Dundas. 3 Term Rep. 125. 9 Payment of a debt to an executor, •who has obtained a probate of a forged will, is a discharge to the debtor of the intestate,notwithslanding the probate be afterwards declared null, and administration be granted to...
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1816 - 746 pages
...cases, of the validity of a will ; and therefore payment of money to an executor, who has obtained probate of a forged will, is *a discharge to the debtor of the intestate, though the * 246 probate be afterwards declared null and void (1). But the sentence is evidence...
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Term Reports in the Court of King's Bench, Part 185, Volume 3

Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 860 pages
...courts. Allen v. Dundas, H. 29 (.'eo. 3. Page 125 2. Payment of a debt to an executor, who has obtained a probate of a forged will, is a discharge to the debtor of the intestate, notwithstanding the probate be afterwards declared null, and administration be granted to...
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The Ecclesiastical Law, Volume 2

Richard Burn - Ecclesiastical law - 1824 - 626 pages
...civil cases of the validity of a will : and therefore payment of money to an executor who has obtained probate of a forged will, is a discharge to the debtor of the intestate, though the probate is afterwards declared null and void. Allen v. Dundas, 3 TR 125. But...
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The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 5

Sir Edward Coke - Law reports, digests, etc - 1826 - 648 pages
...law, for in Allen v. Dundat, 3 TR 125. the court decided that payment to an executor -who has obtained probate of a forged will, is a discharge to the debtor of the intestate, notwithstanding the probate be afterwards declared null, and administration be granted to...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 27

New Jersey. Court of Chancery - Law reports, digests, etc - 1877 - 748 pages
...or if letters lawfully granted to some one else were in existence, the grant would be void." Ryno's Executor v. Ryno's Administrator. So universal and...the title of the executor so long as the probate was unrepealed, and the debtor was not obliged to wait for a suit when no defence could be made against...
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