SECT. II.

SECT. I.

Except there be some interest in another person

Right to the possession recognised in equity only, not

at law

So, before late Game Act, qualified to sport

476

Has right, if in possession, to vote in election of coro-

Has no right to call on the trustee to eonvey where

other parties are also interested

Case of trustee under disability, &c.

486

487

487

488

489

489

Statute of 7 Ann. c. 19, relating to infant trustees

Statute of 4 Geo. 2, c. 10, relating to lunatic trustees.

Statute of 36 Geo. 3, c. 90, relating to trustees of stock

General statute of 6 Geo. 4, c. 74

Statute, now in force, of 11 G. 4 & 1 W. 4, c. 60 489

Principal sections of last statute commented upon. 490-495

The estate of cestui que trust in the special trust

Where only one cestui que trust, or all cestuis que trust

of one mind, the special trust same as a simple

trust

But special trust continues until election expressed

The special trust must be a lawful one

Assignment must be in writing though not by deed

Of assignments by feme cestui que trust of lands

Fluctuations of the law in respect of dispositions by

tenant in tail of trusts

Doctrines finally settled before Fines and Recoveries' Act 503

Tenant in tail of equitable estate now on same footing

as tenant in tail of legal

503

Of inquiry of the trustees respecting prior incumbrances 504

Of giving notice to the trustees

Dearle v. Hall and Loveridge v. Cooper.

Of notice to one of several trustees, and subsequent in-

504

504

Of notice to one of several trustees, and incumbrance

Of notice to all the trustees, and a second incumbrance

Of notice where the fund is in court

SECT. II. Equitable interest is devisable

Trusts of freeholds must be devised according to the

Statute of Frauds

512

Trusts of copyholds may be devised by unattested will 513

Trusts of customary freeholds must be devised as

What is equitable disseisin

Marquis of Cholmondeley v. Lord Clinton

SECT. IV. Of dower and curtesy

Of curtesy where trust is for the feme's separate use.

Either dower or curtesy anomalous .

520

520

Lord Redesdale's opinion why dower was made an ex-

ception

The late Dower Act

SECT. V. Effect of marriage upon feme's equitable chattels

521

522

522

May of term settled to her separate use on former

Or of term limited before marriage to her separate use

without husband's contract

Of settlement to her separate use by husband after

marriage.

525

CONTENTS.

SECT. VI. Of judgments against cestui que trust

Preliminary remarks on effect of judgments at law

Of fieri facias and levari facias

[Levari facias from the Crown

Of Statute of Westminster

Of equitable fieri facias.

Whether trust of stock can be reached by it

Of equitable levari facias

Of equitable elegit

529

529

532

534

535

The latter not known in Lord Keeper Bridgman's time
Established by Tunstall v. Trappes

Lands directed to be sold and the proceeds to be paid
to A. not affected by judgment against A.

Whether judgment after contract for sale is a lien upon

the purchase-money

Case of judgment against A. after conveyance by him

upon trust to sell and to pay the surplus to him-

self.

Extent of judgment creditor's lien in equity

Grounds on which he may come into equity

Compton v. Compton

539

542

542

Case of trust by way of mortgage

Whether judgment creditor entitled under late Act to

Whether necessary before suit to take out actual

elegit

Of execution against the trust estate under Statute of

Frauds

Points resolved upon the Statute of Frauds

Creditor has equitable execution where statute gives

no legal execution

SECT. VII. Of extents from the Crown

May be sold under 25 Geo. 3, c. 35

SECT. VIII. Of forfeiture

payment of his debt out of whole real assets

544

545

546

547

548

549

549

561

563

563

566

570

Whether trusts of freeholds assets before Statute of

Frauds

Construction of that statute

Late Act for more effectual payment of debts

Whether trusts of chattels are legal or equitable assets

Whether trusts in fee are legal or equitable assets

Construction of late Act for more effectual payment of

debts

CHAPTER XXVI.

CESTUI QUE TRUST'S RELIEF AGAINST THE FAILURE OF THE TRUSTEE.

Where the terms of the trust can be ascertained, equity follows the

estate

If the trust be in form of a power, the Court, on failure of trustee,
will execute it
Where rule to go by, the Court exercises the discretion for the

trustee

[Construction of bequest to poor relations .

Where no rule, the Court adopts the maxim that Equality is equity 580

How principle applied to bequests in form of a gift

To bequests in form of a power

Power of selection of objects

In what cases mere power and in what imperative.
In favour of what objects the Court will execute it
How Court will execute power in favour of “relations"
As to persons amongst whom

CHAPTER XXVII.

RIGHTS OF CESTUI QUE TRUST IN PREVENTION OF A BREACH OF

TRUST.

SECT. I.

Cestui que trust entitled to appointment of proper

trustees and proper number of trustees .

Of substitution of trustees on death .

On incapacity to discharge the office, &c.
Of trustees not answering description of
bitants"

Court will not dismiss trustee from caprice of cestui

que trust.

Mode of application to the Court

.

Trustee substituted by the Court has not the special

powers of the original trustee

Drayson v. Pocock

Of references to the Master

Of appointment of new trustees under power

597

598

598

"inha-

609

609

609

SECT. II.

Cestui que trust may compel trustee to the observance

of any act of duty.

Sir J. Jekyll's dictum, that laches of trustee shall not

prejudice cestui que trust

Where tenant for life misapplies proceeds of renewable

leaseholds, receiver appointed

Case of trustee required to give security .

SECT. III. Cestui que trust may restrain trustee from committing

REMEDIES OF CESTUI QUE TRUST IN EVENT OF A BREACH OF Trust.

SECT. I. Of following the trust estate into hands of a stranger. 610