Stanley Matthews

“ For it is immaterial that Thomas P. Devereux did not use the specific property received by him out of the estate of Frances Devereux for the purpose of paying or purchasing the legacies entitled to payment out of the fund charged on his land, because he has received credit, with the assent of the parties and by the decree of the court, in his account of the general assets of that estate, for the amount paind by him on account of the legacies. How can he say, after that, that his real estate has been discharged of the lien by his payment of the legacies? ”

“ This is so, because the personal estate of Mrs. Frances Devereux has been increased, in the account, by the addition of the balance of this fund, according to the mandate of this court. But that fund is still uncollected and is a lien on lands of Thomas P. Devereux in the hands of his assignees and trustees. Why should not the security go with the debt? The debt is the principal and the security an incident, which necessarily attends it. ”

“ It is further declared that the said Thomas P. Devereux never raised and appropriated the $7,500 appointed to him in trust by the will of the said Frances out on his lands, conveyed to him by the aforesaid deed of July 3, 1839, and that all the annuitants provided for by said appointment of $7,500 are dead or have abandoned their claims, except Louisa N. Taylor, who is still living ”