Nichols versus Postlethwaite

Nichols versus Postlethwaite. JOHN DAVIS seized of a trail of land, and having no personal estate, bequeathed several pecuniary legacies to different persons, and “all the rest and residue his estate real and personal” he gave to his son John Davis, whom he appointed Executor, and who after, the Testator’s death entered into the land. The plaintiff having obtained a judgment against the son, the land was fold to satisfy the judgment; and the question was, whether the legacies were a charge upon the land, or not? Decided at Cumberland Nisi Prius. [MAJORITY — By the Court.] By the Court. —It is clear that nothing is given to the residuary devisee, but what remains after, payment of the legacies. These are a charge upon the testator’s real estate. The money in the Sheriff’s hands must be first applied to the payment of these legacies, and the remainder must go to the plaintiff. Referrees accordingly were appointed to ascertain the balance due to the legatees.