LIMITATION, STATUTES OF-(continued). do not apply as between trustees for charities, and the objects of it, LIMITATION OF SUITS. I. BAR FROM STATUTES OF LIMITATION, 613. adopted in equity by analogy to law, 613. twenty years the equitable bar by analogy to the Statute of James, 615. time runs from the commencement of the breach of trust, 615. time does not run in cases of fraud, while concealed, 616. where the lapse of time appears on the face of the bill, the defendant where it does not so appear, may plead, 616. or may pray in his answer to have the same benefit as if he had if he do neither, he cannot protect himself at the hearing, 617. where bill charges fraud, the defendant may demur or plead, unless if plaintiff do so allege, the defendant must deny the fraud, or prove II. BAR FROM PRESUMPTION, 617. Court will presume a bar after 20 years, 618. where the statutable bar is of a different period, the Court will not will not be raised even after 20 years, if positive evidence rebut the presumptions favoured in law, and not lightly rebutted, 619. no presumption against party labouring under ignorance or mistake, distress may weaken the presumption, 619. presumption cannot be raised against a class in same manner as effect of waiver as furnishing presumption, 620. presumption cannot be opposed as a bar by demurrer, 621. III. BAR FROM THE INCONVENIENCE OF GRANTING RELIEF, 622. LIMITATION OF SUITS-(continued). Court will not open account when vouchers and receipts are pro- each case must depend upon its own circumstances, 622. where no bar by analogy to any statute, or by presumption, or on IV. EFFECT OF THE LATE STATUTE FOR THE LIMITATION OF LORD, taking by escheat not bound by a use, 3. or trust, 18, 211. LORD OF MANOR, infant may act as, 91. LOTS, whether trustee for sale may sell in, 371. LUNATIC, incapable of declaring a trust, 25. disability of lunatic trustee remedied, 490. incapable of expressing election, 677. trustee shall not convert lunatic's estate, unless it be for the benefit of the lunatic himself, 686. where for his benefit, his debts may be paid from his real estate, 687. timber may be felled to redeem land-tax, or pay debts, 688. mortgages may be discharged out of his personal estate, 688. so personal estate may be applied to bring action of trespass, 688. to pay necessary expenses, as repairs, &c., 689. MAINTENANCE, may be allowed by executor to infant out of interest of his legacy, in what cases out of capital, 414. MANDAMUS to compel admission of trustee to copyholds, 294. MARRIAGE, of eldest son justifies destruction of contingent remainders, 362. MARRIAGE-(continued). subjects feme's equitable chattels real to disposition of husband, 523. though the chattel be a mere contingency, 523. husband has same power over feme's interest under legal or equitable qu., if over mortgage term, 523. trust settled to her separate use on first marriage subject to disposition of second husband, 524. so husband may dispose of trust settled by her to her separate use, 524. unless with his agreement, 525. so if a trust be given to her separate use while sole, 525. trust settled to her separate use by husband after marriage cannot be MARRIAGE ARTICLES, construction of executory trusts arising upon, 51. MEMBER OF PARLIAMENT, whether trustee can vote for, 248. in what cases cestui que trust, 484. MERGER takes place where legal and equitable estates meet, if commensurate, 16. MERITORIOUS CONSIDERATION, will not support a voluntary trust of lands against a subsequent pur- whether voluntary agreement supported by it will be enforced in semble, will not be enforced against the settlor himself, 132. or purchasers or creditors, 135. will against heir, or volunteer of the settlor, 135. MESNE RENTS AND PROFITS, account of, sought by cestui que trust against constructive trustee (see CESTUI QUE TRUST, XII.), 627. doctrine of mesne rents and profits generally, 629, note (1). against trustees for charities (see CHARITIES, V.), 649. MINES, account of profits of, may be sought in equity, 629, note (1). of dissenting chapel, how to be elected, 399. present minister will be retained until cause heard, 399. MINISTERIAL TRUSTS, 21. MISTAKE, does not prevent a statutory bar from running in equity, 615. a ground for seeking account of rents and profits upon a legal title in a ground for refusing account of mesne rents and profits against MIXTURE OF TRUST AND POWER, what trusts so called, 22. MONEY, may be followed in equity, 202. may be followed into land by parol, 224. may be deposited in bank to the account of the trust, 299. must not be put out of the control of the trustee, 302. money to be laid out on land is treated as land (see CONVERSION, II.), 656. MORTGAGE, assets may be left outstanding upon, 298. whether trust money may be invested upon (see INVESTMENT), 309. mortgage on lunatic's estate, in what case may be discharged out of MORTGAGEE, and his heirs, trustees for himself and his executors, 17. renewal of lease by, 203. with power of sale, may sell without concurrence of mortgagor, 374. 374. mortgagee may not charge for time and trouble, 439. MORTGAGOR, dying without heirs, questions arising on, 291. MORTMAIN, defendant bound to answer whether the legal estate was devised to whether devises upon secret trusts for, are void at law, or only void NEGLIGENCE, trustee answerable for, 323. NEXT OF KIN, entitled to interest resulting out of money to be laid out on land (see RESULTING TRUST), 181. NOTES may be followed in equity, 203. NOTICE, purchaser without, not bound by a use, 3. purchaser with or without, bound by a legal charge, 18. bound by notice of any equitable incumbrance, 206. not bound, if he have no notice, 207. cannot protect himself by taking legal term with notice from a trus- purchaser without notice from purchaser with, not bound, 207. purchaser with notice from purchaser without, not bound, 208. notice should be given to the trustees by assignee of equitable in- notice to one of several trustees during life of that trustee, good, qu. if after his death, 507. of inquiry as to prior incumbrances, 508. purchaser secure if he give notice to all the trustees, though all die before second incumbrance, 510. may be written or unwritten, 510. to whom it may be given, 510. what notice necessary, where the fund is in Court, 511. notice not always implied against corporation, where it would be NUMBER OF TRUSTEES, what is proper, 100. only four allowed of Bank Annuities, 101. OFFICE, how trustee may relinquish (see RELINQUISHMENT), 464. OPERATION OF LAW, trusts by, distinguished from constructive trusts, 44, note (1). trusts arising from purchases in another's name, 168. from the intention, expressed or presumed, that grantee or devisee |