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Marshal

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

To arrange, rank, or set in order; to arrange words in a certain order; to construe. Marshaling' assets: the arranging or ranking of assets in a certain order toward the payment of debts, particularly such an arrangement of diflferent funds under administration that creditors shall receive their due proportions, notwithstanding intervening interests, liens, or other claims of particular persons to prior satisfaction. Marshaling charities: the ranking of legacies where there are funds of pure and mixed personalty applicable to payment of debts and charity legacies, and the legacies are charged on the pure personalty and the debts on the rest of the fund, so that the legacies will be deemed to have failed in the proportion of the mixed to the pure personalty, if there is a deficiency of assets. Marshaling liens: the ranking of liens where realty subject to lien of a judgment or of a mortgage has been alienated in separate parcels to different persons at different times, so that the parcels may be subjected to satisfaction of the lien in the inverse order of alienation. Marshaling of securities: that principle of arrangement by which a person having a lien on or interest in a certain fund may compel a person having a li^ on or interest in the same fund, and also on another fund, to resort, in the first instance, to such other fund for satisfaction.