Brown's administrator v. Griffiths

The following was the opinion of this Court.

There being no trust created by the Will in the proceedings mentioned for the payment of the debts of the testator, the Court without deciding what would be the effect of such a trust, if it existed, in a Court of Equity, *452is of opinion that the instructioii given in th~ Court below is erroneous.

The judgincut is to be therefore reversed, and a new trial awarded, in which the said instruction is not to b e repeated.