554. Rule in Cherry v Boultbee.

554.     Rule in Cherry v Boultbee.

If a legatee becomes bankrupt after the testator's death and owes money to his estate, the trustee in bankruptcy is in no better position than the legatee1. This is not a case of set-off, as there are no mutual debts2, nor of retainer3; the principle is that a person who owes money which would swell the mass of the deceased's estate is bound to make his contribution to the estate before taking a part share out of it, such as a share of the residuary estate4. The principle does not, therefore,