APPLICATION.
The act of making a request for something; the paper on which the
request is written is also called an application; as, an application to
chancery for leave to invest trust funds; an application to an insurance
company for insurance. In the land law of Pennsylvania, an application
is understood to be a request in writing to have a certain quantity of
land at or near a certain place therein mentioned. 3 Binn. 21; 5 Id.
151; Jones on Land Office Titles, 24.
2.
An application for insurance ought to state the facts truly as to the
object to be insured, for if any false representation be made with a
fraudulent intent, it will avoid the policy. 7 Wend. 72.
3. By application is also meant the use or disposition of a thing; as the application of purchase money.
4.
In some cases a purchaser who buys trust property is required, to see
to the application of thee purchase money, and if be neglects to do so,
and it be misapplied, he will be considered as a trustee of the property
he has so purchased. The subject will be examined by considering, 1,
the kind of property to be sold; 2, the cases where the purchaser is
bound to see to the application of the purchase money in consequence of
the wording of the deed of trust.
5.
– 1. Personal property is liable, in the hands of the executor, for the
payment of debts, and the purchaser is therefore exempted from seeing
to the application of the purchase money, although it may have been
bequeathed to be sold for the payment of debts. 1 Cox, R. 145; 2 Dick.
725; 7 John. Ch. Rep., 150, 160; 11 S. & R. 377, 385; 2 P. Wms. 148;
4 Bro. C. C. 136; White's L. C. in Eq. 54; 4 Bouv. Inst. n. 3946.
6.
With regard to real estate, which is not a fund at law for the payment
of debt's, except where it is made so by act of assembly, or by
direction in the will of the testator or deed of trust, the purchaser
from an executor or trustee may be liable for the application of the
purchase money. And it will now be proper to consider the cases where
such liability exists.
7.
– 2. Upon the sale of real estate, a trustee in whom the legal title is
vested, can it law give a valid discharge for the purchase money,
because he is the owner at law. In equity, on the contrary, the persons
among whom the produce of the sale is to be distributed are considered
the owners; and a purchaser must obtain a discharge from them, unless
the power of giving receipts is either expressly or by implication given
to the trustees to, give receipts for the purchase money. It is, for
this reason, usual to provide in wills and trust deeds that the
purchaser shall not be required to see to the application of the
purchase money.
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