CONVERSION—(continued).

land will only be taken as money until the party entitled elects to
take it as land (see ELECTION), 677.

IV. CONVERSION OF THE TRUST ESTATE BY THE TRUSTEE, 686.
shall not affect the rights of the cestui que trust, 686.
conversion of lunatic's estate (see LUNATIC), 686.

of infant's estate (see INFANT), 690.

CONVEYANCE,

when cestuis que trust should join in, 374.

conveyance of trustees at direction of cestui que trust, 486.
expense of conveyance from old to new trustee, 598.

COPYHOLDS,

trusts of, are within the Statute of Frauds, 28.

surrender of, upon what principle supplied in equity, 118.

lord taking copyholds by escheat bound by entry of trust upon the
court roll, 215.

fines for admission to be paid by the trustee, 251.

at what rate where co-trustees, 252.

trustee may charge the fines upon the trust estate, 252.

on death of cestui que trust without heirs, trustee cannot compel his
own admittance in equity, 293.

may at law, 294.

copyholds distinguished from customary freeholds, 513, note (I).
trust of copyholds may be devised by unattested will, 513.

though the legal estate be not devisable, 513.

no surrender necessary, 513.

CORONER,

trustee in possession votes for, 248.

cestui que trust in possession votes for, 484.

CORPORATION,

cannot stand seised to a use, 2.

is bound by a trust, 10, 84.

may be cestui que trust, 106.

not of lands, without licence from the Crown, 106.

may take the surplus equitable interest beneficially where individual
would have been a mere trustee, 175.

COSTS.

I. COSTS OF TRUSTEES AS BETWEEN TRUSTEE AND CEstui que
TRUST.

trustees entitled to their costs out of the trust fund, as between soli-
citor and client, 455.

not to costs, charges, and expenses at the time of hearing, 455.
where no fund in court, costs will be given as between party and
party only, 456.

COSTS-(continued).

trustees not allowed to pay what costs they please to their solicitor,
but bill will be moderated, 456.

if trustee do not appear at the hearing, and decree nisi against him,
he may pay costs of the day, and have the cause reheard, 456.

if decree passed, cannot have cause reheard for costs only, 456.
if person named as trustee disclaim, he has costs as between party
and party, 457.

in case of co-trustees, each may employ his own solicitor, and have
costs, 457.

if misconduct of the trustee be the cause of the suit, he must pay
costs, 457.

if suit be occasioned by mistake, or slight neglect of the trustee, he
will not pay, or only in part pay, or will even have his costs,
458.

where misconduct of the trustee appears in the course of the suit, he
will pay costs of proceedings connected with his misconduct, 459.
if misfeasance be very trivial, it will be overlooked, 459.

trustee will pay the costs, if he institute the suit for some private end,
459.

or if he mistake the accounts, 460.

or conceal documents, &c., 460.

or set up title of his own, 461.

or throw unnecessary obstruction in way of cestui que trust, 461.
II. COSTS OF TRUSTEES AS BETWEEN TRUSTEE AND STRANGERS.
trustees in respect of strangers are on same footing as others, 462.
trustee, where vendor, must pay costs, if he cannot make a title,
462.

where ordered costs, will have them as between party and party only,
462.

may charge remaining costs upon the trust fund, 463.

in creditor suit, if no assets, executor will not pay costs, 463.
unless he has paid simple-contract debts before plaintiff's specialty
debt, 463.

executor, who is not paid his full costs, may deduct them out of
assets, 463.

if no assets, must submit to personal loss, 463.

if plaintiff's specialty debt exhaust the personal assets, executor can-
not claim his costs out of the realty, 463.

COUNSEL,

benefit of advice from, 317.

COVENANT,

voluntary, will not be enforced in equity, 115.

COVENANT-(continued).

covenant to stand seised to uses, on what ground enforced before
the statute of Hen. 8, 116.

voluntary covenant to purchase lands, to be settled on the covenan-
tor and his heirs, 674.

COVERTURE,

exempts from charge of acquiescence, 388.

defeats confirmation, 390.

CREATION,

of trusts by the act of a party, 24-167.

by act or operation of law, 168-224. (See OPERAtion of Law).
CREDITORS,

whether they can enforce the execution of a voluntary settlement for
payment of their debts, 106.

their rights cannot be defeated through the medium of a trust, 138.
taking trust estate in execution are bound by the trust, 211.

must all join in permitting trustee for sale to bid, 381.

may purchase goods sold under execution, 382.

how far bound by acquiescence in purchase by trustee for sale, 389.
when bound by confirmation of it, 391.

CURTESY,

not admitted of a use, 3.

allowed of a trust, 12.

tenant by, not bound by a use, 3.

bound by a trust, 14, 19, 83, 211.

attaches on legal estate in trustee, 242.

is of a trust or equity of redemption, 519.

if feme covert had equitable seisin, 520.

trust for her separate use does not prevent equitable seisin, 520.

why curtesy, and not dower, of a trust, 521.

curtesy of money to be laid out on land, 656.
CUSTODY,

of chattels (see CHATTELS PERSONAL), 299.

CUSTOMARY FREEHOLDS,

whether lord taking by escheat bound by entry of trust upon the
court roll, 215.

customary freeholds distinguished from copyholds, 513, note (1).

trust of customary freehold, must be devised according to the Statute
of Frauds, 513.

DAUGHTERS,

formerly not included under "heirs of the body," or "issue," in
articles, but are so now, 55.

how the limitation will be executed, 55.

DEBTS,

payment of, held in one case to justify destruction of contingent re-
mainders, 361.

debts on simple contract not payable until late Act out of money to
be laid out on land, 663.

DECLARATION,

of trusts, how to be made at common law, 26.

under Statute of Frauds, 28.

must not necessarily be declared in, but only manifested and
proved by writing, 30.

the writing must be signed, 31.

in what words to be made, 44.

DEFECTIVE EXECUTION OF POWERS,

upon what principle aided in equity, 119.

DEFINITION,

of a use, 2.

of a trust, 15.

DELEGATION,

of office by trustee not permitted, 262, 319, 370.
though to co-trustee or executor, 262, 319, 368.

exercise of discretion by person delegated void, 263.

qu. if execution of trust void where no discretion, 263.

delegation distinguished from employment of agents, 264, 321.,
from appointment of attorney or proxy, 265.

DELIVERY

of a chattel by an infant passes the right of possession, 96.
DEMURRER

to suits on ground of length of time, 616, 617, 621.

DESCENT,

trust descends as the legal estate, 557.

though there be lex loci, 558.

there is possessio fratris of a trust, 558.

half blood may now inherit, 558.

DEVISE,

implies consideration, 33.

upon secret trust in mortmain, whether void at law by the words of
the statute, 40.

in what cases general words will pass the legal estate in the trustee,

244.

devise of equitable interests (see CESTUI QUE TRUST, VI.), 512.
DEVISEE

of legal estate, where trust declared by unattested will, beneficially
entitled, 36.

DEVISEE-(continued).

unless he admit the trust in his answer, 37.

or unless there be fraud, 38.

devisee of trustee bound by the trust, 205.

devisee of person indebted liable to specialty creditor, 229.

DIRECTORY CLAUSE

in will for settlement of chattels, in what cases raises an executory
trust, 72.

DISABILITY

of trustee, statutes remedial of, 487.

DISCHARGE

of trustee from his office (see RELINQUISHMENT), 464.
DISCLAIMER

should be by deed, 225.

not by way of conveyance, 226.

may be evidenced by a person's conduct, 226.

person after disclaimer may act as agent, 226.

what disclaimer will divest the legal estate of freeholds, 227.

under the Statute of Uses, 227.

of chattels, 228.

effect of disclaimer as to continuing trustees, 228, 428.
DISCRETION,

power requiring any, cannot be executed by an infant, 92.
DISCRETIONARY TRUSTS, 21.

cannot be executed by a stranger, 263.

DISSEISIN

may be of a trust, 515.

DISSEISOR,

not bound by a use, 3.

or trust, 18, 607.

DISTRESS,

may excuse laches, 389.

or annul confirmation, 391.

will not prevent statutory bar from running, 615.

will serve to rebut presumption of release of right, 619.

DOUBTFUL EQUITY,

whether purchasers bound by notice of, 208.

DOWER,

formerly allowed of the legal estate in feoffee to uses, 3.
not allowed of the legal estate in the trustee, 83.
still attaches at law, 242.