Ruling Case Law

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: an unascertained interest of a debtor in an estate is void.8 Accordingly it has been held that an equity of redemption in land is not legal assets in the hands of heirs, subject to be levied on for debts of their ancestor under an execution at law.6 Also it has been ruled that the vendor's interest in a...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: an unascertained interest of a debtor in an estate is void.8 Accordingly it has been held that an equity of redemption in land is not legal assets in the hands of heirs, subject to be levied on for debts of their ancestor under an execution at law.6 Also it has been ruled that the vendor's interest in a partially performed contract to purchase land of which the vendee has been put in possession passes to his personal representative on his death, and is not subject to execution for the debts of his heir.7 It has been held that the unad- measured distributive share of a husband in his deceased wife's real estate is not subject to levy under an execution against him.8 On the other hand it has been ruled that the husband of an heir to the estate of an intestate has an interest in such real estate, as tenant by the curtesy, which may be attached and levied on by execution, immediately on the death of the ancestor, and before any distribution or action of the probate court.' A written renunciation of a devise of an interest in real estate, made the day the will is admitted to probate, defeats a levy on the property under execution against the devisee.1.0 65. Interest of Legatees.?In some jurisdictions, often by virtue of statute or statutory construction, it is held that all legacies given to any person are subject to be levied on in satisfaction of any judgment, in the same manner as debts due are made subject to execution.11 In other jurisdictions, however, it is held that until a legacy vests in the legatee it cannot be taken on execution against him, and that a legacy does not vest so as to be taken on execution against him until the executor has assented to it, or at least until the time has come when he ought to assent to it, and that that time does not come until it appears wi...