the trust forfeitable to the King, 106, 554. legal estate not vested in the King by forfeiture, 106, 555. can not be fettered in trusts, 138. may in settlement to separate use of feme covert, 148. if feme was sole at the time of the gift, she can dispose of the fund and her husband may dispose of it, as of an ordinary chose en action, charity estates cannot be aliened, 403. unless under special circumstances, 404. ALLOWANCE, for trouble, (see TROUBLE), 438. ANNUITY, trust money ought not to be lent ANNUITIES, upon, 307. 3 per cent. Bank, proper investment of trust money, 311. in Chancery may serve as declaration of trust, 30, 37. of income may be restrained in settlement to separate use of feme if the feme was sole at the time of the gift, she may herself antici- and her husband may dispose of the fund, as of an ordinary chose en APPOINTMENT, of new trustees, power of, may be introduced in a settlement where of appointment of new trustees generally (see CESTUI QUE TRUST, APPROPRIATION of legacy by executor permitted without suit, 413. construction of executory trusts in, 53. how far notice of articles binding upon purchaser, 209. ASSETS, use not liable as, 4. assets in hands of executrix do not survive to the husband, 244. cannot be taken in execution, 244. not forfeitable for treason, &c., 244. do not vest in executor's administrator, 244. whether real assets available to pay judgment debts, 544. trusts of chattels are assets, 558. whether trusts of freeholds were assets before the Statute of Frauds, 12, 561. construction of that statute, 561. it extended to simple trusts only, 561. trusts now made assets by late statute, 563. trusts of chattels are equitable assets, 563, 566. whether trusts of freeholds are legal or equitable assets, 566. construction of late Act for more effectual payment of debts, 570. money to be laid out on land not personal assets, 662. ASSIGN, originally not bound by a use, 3. bound, whether in the per or post, by a trust, 210. ASSIGNEE of equitable interest, see PURCHASER. ASSIGNEES OF BANKRUPTS, will be charged with interest for balances improperly retained in their hands, 325. may not buy in, 371. may not purchase bankrupt's estate, 382. ASSIGNMENT, not permitted of a use, 4. effect of assignment of the legal estate upon powers of trustees (see of equitable interest, with what formalities must be made, 498. by feme covert, 499. by tenant in tail, 499. what notice should be given to the trustees, 504. what course should be taken where the fund is in court, 511. "AT HOME," money to be laid out on land, in what cases so considered, 667. of cestui que trust, 292. ATTESTED COPIES must be given by assignees of bankrupts, 373. ATTORNEY, in a suit, infant cannot be, 91. to deliver seisin, may be, 91. infant's power of attorney void, 97. appointment of attorney distinguished from delegations of office, 265. case of forged power of attorney, 318. attorney when trustee has no allowance for time or trouble; only AUCTION, trustees may sell by, 370. AUCTION DUTY, trustee for sale under Act of parliament chargeable with, 372. may raise a trust, 77. AVERMENT, permitted of a trust at common law, 26. not in contradiction to a trust expressed or implied upon a written nor where a deed is necessary to pass the legal estate, semble, 27. not allowed of a trust upon a will, 31. was allowed before the Statute of Frauds, as against the executor, BAILIFF, infant cannot be, 91. may be appointed by trustee of lands, 448. BANK, trust money may be deposited in, to the account of the trust, 299. not so as to be out of the control of the trustee, 302. trust money may be transmitted through a bank, 322. but must be earmarked, 323. money placed at bank in name of trustee is deemed to be traded BANK OF ENGLAND, cannot be trustee, 86. at what time incorporated, 86, note (8). will not allow transfer of stock into more than four names, 101. BANKRUPTCY, BAR property cannot, by way of trust, be screened from the effects of, a person cannot so limit over his own property, 140. trustee, trading as such, is liable to the bankruptcy laws, 252. estate upon a clear trust does not pass to them, 254. though it be not the original trust estate, but arising from conver- and that whether conversion was tortious or not, 255. if assignees take possession, the action must be brought in name if trust estate has become amalgamated with the bankrupt's, the re- legal estate passes to the assignees where trust is doubtful, 256. if trustee who has improperly sold out stock become bankrupt, goods left in possession of cestui que trust, as such, not forfeited, 485. and with interest up to the date of the commission, 633. to suits (see LIMITATION OF SUITS), 611. BARGAIN AND SALE, for nominal consideration, would not now be enforced by way of con- "BESEECHING" raises a trust, 77. BILLS, negotiable, may be followed in equity, 203. BILL IN CHANCERY, necessary for appointment of new trustees, 473. except suit be pending, 473. or in the case provided for by the Trustee Act, 473. BREACH OF TRUST, constitutes simple-contract debt, 229. BREACH OF TRUST-(continued). unless trustee accepted under hand and seal, 229. case of selling out stock, 316. cestui que trust's protection against, and remedies for, breaches of redress for breaches of trust in charities (see CHARITIES, IV., V.), BUILDING LEASES of charity estates should not exceed 60 or 90 years, 411. assignees of bankrupts, and trustees for sale, not authorized to, 371. power of making, will not authorize deviation from original intention CESTUI QUE TRUST, I. who may be, 105. who is, 106. when cestui que trust ought to join in the conveyance, 374. upon what terms cestui que trust entitled to set aside purchase by entitled to account of mesne rents and profits from his trustee, with- out regard to Statutes of Limitation, 629, note (1). II. ENTITLED TO PERNANCY OF PROFITS OF THE TRUST ESTATE, 476. not where other persons' interests would be affected, 476. case of cestui que trust subject to a charge, 477. cestui que trust entitled to possession in equity only, 481. Lord Mansfield's doctrines to the contrary overruled, 481. unless surrender of the legal estate can be presumed, 482. must bring his action in name of the trustee, 482. cestui que trust of lands qualified to be juror, 483. to sport, 483. if in possession, to vote for coroner, 484. for member of parliament, 484. qualified to sit as member, 485. entitled to possession of trust chattels during continuance of his in- usually put in possession of dividends by power of attorney, 485. |