The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
England and Wales. Court of Chancery.
Brond contra Gipps. 26 Car. 2. fo. 763.
THis Court declared,* that the Plain∣tiffs Legacies ought to be paid out of the whole Estate of the Testator, viz. out of the Personal Estate, so far as that will extend; and if that will not satisfie the same, then the Testators Mannors and Lands undivided and unsold, shall in the next place come in Aid of the Personal Estate for Satisfaction thereof; and if that be not sufficient, then the whole Mannors, Lands and Tenements, though Sold and Divided, Page 99shall notwithstanding such Sale and Divi∣sion, come in supply thereof in proporti∣on to be Refunded, and paid by the Per∣son or Persons, in whose Hands soever the same shall be found.
