The Australian Law Times Volume 19-20 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...of her liability to the assets of the testator s estate. Originating summons adjourned into Court. On the 17th July, 1889, John Riordan mortgaged certain land to the defendant, James Mason, to secure the repayment of 2,500 within five years, with interest, and in September of the same year he died. By his will he appointed his wife Hannah Riordan to be his sole executrix and he devised and bequeathed all his real and personal estate to her. Besides the land the subject of the mortgage, he left other land at St. Kilda. Probate was granted to Mrs. Riordan in October, 1891, and she subsequently in 1891 married one Mott. On the 17th July, 1894, a deed was executed between Hannah Mott and James Mason, which after reciting the original mortgage and that it had been agreed to allow the principal sum of 2,500 scoured by the original mortgage to remain for a further period of three years as from the lst July, 1894, on the original security, and that the said sum should be further secured by mortgage of the land at St. Kilda, proceeded: - Now this indenture witnesseth that in pursuance of the said agreement and in consideration of the premises the said mortgagor as such executrix as aforesaid doth hereby covenant with the said mortgagee." Then followed certain covenants, inter alia, to pay the principal sum of 2,500 on the lst July, 1897, with interest in the meanwhile. And the said mortgagor doth hereby covenant with the said mortgagee that she the said mortgagor will duly observe and perform alland singular the covenants andagreements in the said recited instrument of mortgage contained orimplied and on the part of the mortgagee to be observed and performed, save and except the covenant for payment of the...