CESTUI QUE TRUST-(continued).

III. ENTITLED TO CALL UPON THE TRUSTEE TO EXECUTE ESTATES,
486.

trustee refusing liable to costs of suit, 486.

whether compellable to execute conveyances of parts of the estate, 486.
cannot be required to convey in other words than as conveyed to
him, 486.

cestui que trust has not jus disponendi where other parties are inter-
ested, 486.

remedial statutes providing for disability of trustee, 487.

IV. ESTATE OF THE CESTUI QUE TRUST IN THE SPECIAL TRUST, 495.
each cestui que trust entitled, to extent of his interest, to enforce
execution of the trust, 495.

if there be only one cestui que trust, or all unanimous, the special
trust becomes a simple trust, 496.

special trust proceeds until cestui que trust's election known, 497.
special trust cannot be enforced unless it be a lawful one, 497.
V. Cestui que TRUST MAY Assign his Interest, 498.

though the trust be merely a possibility, 498.

and with or without the interposition of the trustee, 498.
by instrument in writing, but not necessarily by deed, 498.
of assignments by feme cestui que trust, 499.

by cestui que trust in tail, 499-503.

VI. CESTUI QUE TRUST MAY DEVISE HIS INTEREST, 512.

but not a trust of freeholds, without the solemnities required by the
Statute of Frauds, 512.

may devise trusts of copyholds by will neither signed nor attested,
513.

though legal estate not devisable, 513.

and without surrender, 513.

must devise trust of customary freeholds in same manner as trust of
freeholds, 513.

VII. RELIEF OF CESTUI QUE TRUST AGAINST THE FAILURE OF THE

TRUSTEE, 572..

direction to sell, and no trustee appointed, 572.

gift to separate use of feme covert without any trustee, 572.

trustee appointed, but dies, or incapable of taking the legal estate,

or otherwise fails, 573.

cestui que trust relieved against failure of powers in nature of trusts
(see POWERS, XI.), 574.

VIII. CESTUI QUE TRUST MAY HAVE THE ADMINISTRATION OF THE
TRUST CONFIDED TO PROPER PERSONS, 597.

CESTUI QUE TRUST-(continued).

if trustee die in testator's lifetime, cestui que trust may have express

trustee appointed, 598.

if number of original trustees be reduced, the vacancies may be
filled up, 598.

new trustee may be appointed if feme trustee marry, 598.

or if trustee misconduct himself, 598.

or was improperly appointed in the first instance, 599.

trustee will not be dismissed for caprice of cestui que trust, 599.

nor if trustee has merely misunderstood his duty, 599.

cestui que trust must apply for appointment of new trustee by bill,
599.

except there be a suit pending, 599.

there must be a reference to the Master, 600.

trustee may be objected to as unfit, not on the ground that another
is more fit, 600.

case where reference may be dispensed with, 600.

trustee substituted by the Court has not special powers of original
trustee, 600.

Court will not give new trustee a power of appointing other trustees,
602.

usual power of appointment of new trustees, 602.

appointment not perfected until transfer of the legal estate, 602.
disability of the trustee to pass the estate provided for by statute,
602.

advantage of power of appointment of new trustees notwithstanding
disability of the trustee, 602.

IX. CESTUI QUE TRUST MAY COMPEL HIS TRUSTEE TO OBSERVE ANY
PARTICULAR ACT OF DUTY, 603.

if legal estate be assailed by a stranger, the cestui que trust may
compel the trustee to assert his legal right, 603.

if tenant for life of renewable leaseholds refuse to renew, receiver
will be appointed, 608.

where there was suspicion that the trustee would not execute his
trust, he was ordered to give security, 609.

though cestui que trust entitled to mere contingent interest, he may
have it secured, 609.

X. CESTUI QUE TRUST MAY INJOIN THE TRUSTEE FROM ANY BREACH
OF DUTY, 609.

whether the consequences be irremediable or not, 609.

XI. OF CESTUI QUE TRUST'S RIGHT OF FOLLOWING THE ESTATE, 610.
may follow it into the hands of a volunteer, 610.

CESTUI QUE TRUST-(continued).

or purchaser with notice, 610.

not of a purchaser without notice, 610.
or his alienee though with notice, 610.

or a disseisor with notice, 606.

within what period of time he may follow the estate (see LIMITA-

TION OF SUITS), 611.

XII. CESTUI QUE TRUST'S RIGHT TO COMPEL A TORTIOUS POSSESSOR
TO ACCOUNT For Mesne Rents and Profits, 627.

primâ facie entitled from the time when the rents were intercepted,

627.

cannot enforce the account beyond six years, provided the Statute of
Limitations be pleaded, 627.

if defendant had no notice of the plaintiff's title, the account will be
restricted to the filing of the bill, 628.

though the plaintiff be an infant, 628.

rents paid into court will belong to plaintiff, 628.

if cestui que trust be guilty of laches, account will be restricted to
the filing of the bill, or, if great laches, to the decree, 628.
account has been ordered upon a suit instituted for that purpose,
after suit for recovery of the land, 628.

XIII. CESTUI QUE TRUST'S REMEDY AGAINST THE TRUSTEE PER-
SONALLY FOR BREACH OF TRUST, 630.

may recover compensation from trustee's representatives, 632.
breach of trust a simple-contract debt, 633.

if trustee become bankrupt or insolvent, a cestui que trust may prove
for the loss, 633.

with interest up to the bankruptcy or insolvency, 633.

if breach of trust was a sale of stock, cestui que trust may prove for
proceeds, with interest, or price of stock at the date of the com-
mission, 633.

immaterial whether trustee made profit or not, 634.

accident no excuse, if it occurred during trustee's misfeasance, 634.
trustee not charged with imaginary values, 634.

only as stakeholder, 634.

except where supine negligence or wilful default, 634.

where co-trustees, cestui que trust may charge all or each, 634.
unless money was divided between the trustees, and each was to have
care of his share only, 635.

trustees may afterwards fix the loss on the proper persons, 635.
XIV. OF CESTUI QUE TRUST'S CONCURRENCE, ACQUIESCENCE, AND
RELEASE, 639.

CESTUI QUE TRUST-(continued).

cestui que trust, after concurrence, cannot come upon the trustee

for compensation, 639.

persons not sui juris cannot concur, 640.

infants and femes covert will not be protected where there is fraud,
641.

acquiescence bars the cestui que trust, 641.

cannot be objected to a class of persons in same degree as to indi-
viduals, 642.

release or confirmation to the principal discharges the accessory, 642.
cestui que trust, to acquiesce or release, must be sui juris, 643.
must be conusant of the facts, 643.

and of the law, 643.

XV. CESTUI QUE TRUST'S REMEDY FOR BREACHES OF TRUST
AGAINST TRUSTEES FOR CHARITIES (see CHARITIES, IV., V.),
643.

AGAINST THE LACHES OR TORT OF THE TRUSTEE (see CONVER-
SION, II., III.), 655.

CHANCELLOR

may in certain cases be visitor, 396.

CHANCERY,

alone has jurisdiction of trusts, 20.

its jurisdiction in respect of incorporated charities, 393.

CHAPELS,

trust of, cannot be changed by the trustees, 398.

how trustees appointed and minister elected, where no directions in
deed of endowment, 399.

minister in possession retained till cause heard, 399.

may, in case of dissenters, be dependent on the will of the congrega-
tion, 399.

CHARGING,

power of, not to be introduced in settlements where "usual powers"
directed to be inserted, 74.

CHARITABLE USES,

statute of, 644.

CHARITIES,

I. Trusts declared in favour of, are within the Statute of Frauds, 29.
how far within the law of resulting trusts, 199.

purchase without notice from purchaser with notice, bound by cha-
ritable use, 207.

charities either administered by trustees or incorporated, 392.

where incorporated, the government of the body belongs to visitor
(see VISITOR), 392.

CHARITIES-(continued).

the management of the revenue subject to the Court of Chancery,
393.

in respect of new donations the Court may sometimes assume the
office of visitor, 394.

II. GENERAL DUTIES OF TRUSTEES FOR CHARITIES, 396.

may not convert the fund to other charitable purposes, 397.

how trustees of a chapel appointed and minister elected, where no
trust declared, 399.

power of making by-laws will not authorize deviation from charitable
purpose, 400.

whether the Court can authorize deviation, 400.

Act of parliament necessary for total alteration, 401.

trustees will pay costs of application to parliament, if they apply
without sanction of the Court, and fail, 401.

letter may be contravened, where spirit preserved, 402.

trustees must not keep the fund unnecessarily in hand, 403.

may not convert the charity estate by aliening with a reserved
rent, 403.

or by granting long terms, or terms with covenants for perpetual
renewal, 404.

alienation allowed under special circumstances, 404.

III. LEASES BY TRUSTEES FOR CHARITIES, 404.

governors of charities cannot grant a lease to one of themselves, 404.
lease must not contain any covenant for private advantage of trus-
tees, 404.

said that either fines may be taken, or rents reserved, 405.

lease must be for adequate consideration, 405.

direction by founder that rent shall not be raised not to be taken
literally, 406.

security of the rent principal object in charity, 406.

tenant not to be turned out who dealt fairly, 406.

where lease granted at an under-value, who shall compensate the
charity, 407.

lease must not be for longer term than is consistent with provident

management of the estate, 407.

husbandry or farm leases should not exceed 21 years, 408.

rule not inflexible, 408.

leases for years determinable on lives have been sanctioned, 409.

so leases upon fines or foregifts, 410.

building leases should not exceed 60 or 90 years, 411.

IV. MODE OF REDRESS FOR BREACHES OF TRUST BY TRUSTEES
FOR CHARITIES, 643.