Publisher's Synopsis
Excerpt from A Treatise on the Principles and Practice of the High Court of Chancery, Vol. 2 of 2: Under the Following Heads: I. Common Law Jurisdiction; II. Equity Jurisdiction; III. Statutory Jurisdiction; IV. Specially Delegated Jurisdiction
The principle on which a agates is permitted to file a Bill in Equity against an Executor is sometimes said to he founded on the right to a discovery of Assets (0) but the better 0 inion seems to be, that it is a consequence of the doctrine, at Executor is a Trustee (b). It is not a pure trust, otherwise the Ecclesiastical Court, or Courts of Common Law, could never have been applied to for relief in legatory cases.
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