ASSETS, a technical English law word, derived through the old Norman phraseology from the same source as the French assez, enough, and signifying the property of a debtor available for the satisfaction of his creditors. Thus the property of a bankrupt is termed his assets, and is the fund out of which his liabilities must be paid. When a person dies, the goods which come to executors or administrators are called assets personal; the lands descending to the heir, are assets real. The former are the primary and natural fund out of which the debts of the testator or intestate of every description must be paid. The latter, by 3 and 4 Will. IV. c. 104, are also available, after the personal estate is exhausted, and preference is given to creditors by specialty over creditors by simple contract When one of two claimants may go to either fund, and the other is restricted to one fund only, if the first claimant has recourse to the fund open to both, equity will permit the other claimant to stand in the place of the first against the other fund. This is called marshalling the assets. If, for example, before the statute 3 and 4 Will. IV. c. 104, a special creditor, who might claim against either the real or the personal assets, satisfied his debt out of the latter, a creditor by simple contract, having the latter only to claim against, would be permitted to stand in place of the specialty creditor against the real estate.
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