ADVANCEMENT:

purchase in the name of another person will be, and not a resulting trust for
the purchaser. When? 62.

whether purchase in the joint names of father and son will be.

Quare? 63.

purchase in names of father and son as tenants in common will be, ib.

or purchase of copyholds in names of sons successivè, ib.

or purchase in joint names of husband and wife, 66.

or of husband and wife and children, ib.

or in the name of a wife or child jointly with a stranger, ib.

secus, purchase by two persons in the name of a child of one of them, ib.
whether good against the then creditors of a purchaser. Quære? 67.
good against a subsequent purchaser, ib.

against subsequent creditors. When? ib.

the presumption in favour of advancement may be rebutted, 68.
evidence for that purpose must be contemporaneous, 71.

effect of a subsequent mortgage or devise by the purchaser, ib.
circumstances of one transaction, no evidence as to another, 72.
trustees may not break in on infant's capital for their advancement or mainte-
nance, 399.

jurisdiction of the court to direct, out of infant's capital, ib.

power given to trustees to make, out of infant's capital must be strictly fol-
lowed, 400.

whether given out of capital, where the fund is limited over, ib.

ADULTERY:

of wife, how far a bar to her equity for a settlement, 413.

no forfeiture of any benefit secured to her by settlement or contract, 432.

ADVOWSON:

trustee of, has right of presentation at law, 261, 446.

must present nominee of cestui que trust, ib. 446.

trust of, passes by what words, 446.

trust of, results, if not expressly declared, ib.

trustees may present for their own benefit. When? 447.

cestuis que trusts of, must all concur in nominating, ib.

trust of, for the benefit of "parishioners," how to be executed, 448.

right of infant cestui que trust to nominate to, 449.

or of bankrupt cestui que trust, ib.

trust of, for Roman Catholics, how executed, 450.

or where cestuis que trusts are lunatic, ib.

right of husbands of cestuis que trusts of, to nominate, ib.

where cestuis que trusts are aliens or felons, &c., ib.

all the trustees of, must join in the presentation, 451.

when bound to present the nominee of the majority, ib.

notice of meeting for the election must be given to all the trustees, ib.
trustees cannot vote by proxy in choice of an incumbent, ib.

but may authorize the others to sign the presentation, ib.

direction to trustees to elect within a certain time, how far binding, ib.
direction to keep up a certain number of trustees, how far imperative, 452.
bishop restrained from presenting for a lapse pending a suit, ib.

liability of trustees for refusing to present nominee of cestuis que trusts, ib.
AGENT:

not a trustee within the scope of this work, 1.

gifts to, from his principal raise a constructive trust. When? 134, 136.
notice of a trust to, binds the principal, 140.

trustees for payment of debts must not commit the execution of the trust to,
exclusively, 339.

trustee acting as the, of co-trustee not fixed with acceptance of trust, 194.

how far trustees may delegate execution of trust to, 560.

trustees how far liable for losses by failure of, 597.

ALIEN:

may create a trustee, of what property, 6.

may be a trustee, of what, 11.

may be cestui que trust, of what, 12.

ALIENATION:

validity of provisions for forfeiture on the, or bankruptcy of cestui que trust
for life, 395.

validity of provisions restraining a married woman from, of her separate
estate, 425.

what expressions will create such a restriction. [See MARRIED WOMAN.]
426.

by trustees of charity estates, when supported, 472.

ALLOWANCES:

right of trustees to, for their expenses, without any express provision, 593.
necessity for the insertion of a direction to make "just allowances" in a decree
against trustees for an account, ib.

right of trustee to, though commission allowed him by the will, ib.

what payments will be allowed to trustees as proper, 594.

expenses of management of estate, ib.

payments under legal advice, 595.

payments out of pocket, when properly made, ib.

with interest when, ib.

bills of costs paid by them. [See COSTS.] 596.
extra costs beyond taxed costs, ib.

expense of taking legal advice, ib.

of accountant or agent allowed, how far, ib.
brokerage charges on transfers of trust stock, 597.
losses by robbery or failure of bankers, &c., ib.

but payments in breach of trust disallowed, ib.

trustees not allowed to charge for loss of time or professional services, 598.
unless expressly authorized to do so by the will, 599.

or entitled to do so by contract with cestui que trust, where trust created
by deed, ib.

difficulty of supporting such a contract, 600.

power of the court to give trustees an allowance for their trouble, 601.
account of expenses should be kept by trustees, 602.

their personal remedy against cestuis que trusts to recover their expenses, ib.
ANNUITY:

a devise to trustees without words of limitation in trust to pay an, for life, gives
them an estate for the life of the annuitant, 229.

whether it gives them a freehold interest or one for a term of years.
Quære? [See ESTATE, DURATION OF.] ib.

duty of trustees to take possession of estate, if it fall in arrear, 260, 434.
given by will, on same footing as legacies, 360.

investment in purchase of, for a life, bad without a special power, 368.

duty of trustees to convert long annuities settled for life. [See CONVERSION.]

385.

apportionment of, on death of tenant for life, under 4 & 5 Will. IV. c. 22; 394.

ANSWER:

admission of a trust by, sufficient to satisfy Statute of Frauds, 21.
trustee who puts in a full answer, entitled to the costs. When? 574.
disclaimer of a trust may be made by, 204.

APPORTIONMENT:

of periodical payments, on death of tenant for life, under 4 & 5 Will. IV. c. 22;
394.

of costs, where suit is partially occasioned by a breach of trust, 586.

of costs, amongst trustees, to whom one set of costs only is allowed on their
severance, 574.

ARBITRATOR:

discharge of a breach of trust by award of, 544.

ARREARS:

duty of trustees to enter into possession of estate for payment of, of an-
nuities, &c., 434.

liability of trustees for suffering rents to fall into arrear, ib.

power of trustees to release, ib.

ASSETS:

not marshalled as between creditors claiming under a trust deed for payment of
debts, 333.

marshalled in favour of simple contract creditors, where there is a devise for
payment of debts, 355.

marshalled in favour of legatees, who have no charge on the land, 362.
not marshalled in favour of legacies given to charity, 362, 479.

ASSIGNEE [See BANKRUPT AND INSOLVENT.]

not a trustee within the scope of this work, 1.

ATTAINDER: [See ESCHEAT-FORFEITURE-SOVEREIGN.]
persons under, may create a trustee, how far, 6.

may be trustees, 11.

may be cestuis que trusts, to what extent, 13.

right of trustees of real estate to hold beneficially on the, of cestuis que
trusts, 256.

no such right, where the attainder is for high treason, ib.

personal estate held in trust goes to the Crown on the, of cestui que trust, 257.
ATTORNEY, OR SOLICITOR:

gifts to, or purchases by, from his client raise a constructive trust. When? 134.
right of trustee to employ, 596.

being a trustee cannot in general charge for professional services, 598.

or one of a firm of attornies, ib.

secus, if such charges allowed by the will, 599.

or in case of a deed, if the trustee have entitled himself by express con-
tract, ib.

difficulty of supporting such a contract, 600.

ATTORNEY, POWER OF:

by trustees for tenant for life to receive the income, proper, 384.

how invalidated, ib.

AUCTION: [See SALE.]

sale of trust estate by, more advisable than by private contract, 492.
trustees cannot buy in estate at, ib.

their liability to the, duty, ib.

BANK OF ENGLAND:

B.

not usually bound by a trust of stock, 148.

investment in stock of, improper without a special authority, 375, 452.

stock of, settled for life must be converted, 386.

will not allow a sum to be transferred into the names of more than four co-
proprietors, 452.

BANKER:

not a constructive trustee for his customer, of money deposited with him, 148.
trustees not liable for losses by failure of, when. [See INVESTMENT.] 597.
cheques on, whether they should be signed by all the trustees, 299.

BANKRUPT AND INSOLVENT:

may create a trustee, how far, 7.

may be a trustee, 11.

cannot be cestui que trust before certificate or final discharge, 12.

trustee who becomes, is unfit to act within the usual power of appointing new
trustees, 154.

jurisdiction of the court to appoint new trustee in place of a bankrupt
trustee, now exercised by Court of Review, 167.

may be exercised on petition. [See NEW TRUSTEES, APPOINTMENT OF.] 176.
not allowed to offer himself as a new trustee before the master, 188.

entitled to his costs of appearance on a petition for the appointment of a new
trustee in his place, ib.

appointment of new trustee in place of an insolvent, 552.

BANKRUPT AND INSOLVENT-continued.

right of trustees to prove for a debt against a, debtor to the estate, 262, 457.
and to sign certificate, ib.

validity of provisions for forfeiture of tenant for life, on his becoming, 395.
may present to a living on a vacancy of advowson held in trust for him. When?

449.

trust estates vested in-do not go to the assignees of the trustee, 255, 294, 548.
unless the trust be constructive or doubtful, 548.

how far trust property in bankrupt's hands may be followed in specie, 549.
where the trust property is blended with that belonging beneficially to the
trustee, ib.

right of proving against the trustee's estate for the trust fund, ib.

by whom the proof to be made, 550.

how far debt due from bankrupt trustee may be set off against costs to which
he is entitled, 551.

how far a debt by breach of trust discharged by bankruptcy or insolvency of
trustee, 546.

liability of a trustee to bankruptcy, who trades with the trust assets, 552.

effect of a trustee becoming, after an order for payment of money to him, 553.
BENEFICE: [See ADVOWSON.]

BOND : [See CHOSE IN ACTION-INVESTMENT-PERSONAL SECURITY.]
BONUS:

extraordinary bonuses, or other additions, not to be paid to tenant for life,
385, 453.

assignment of a policy of insurance carries all future bonuses, 457.
BREACH OF TRUST:

the remedies for, 535.

extent of remedy for, at law, ib.

creates a simple contract debt against trustee, ib.

when a specialty debt, ib.

suits against trustees for. [See Surr.] 536.

necessity of joining as defendants all co-trustees guilty of, 537.

effect of 32nd Order of August, 1841, 538.

relief for, twofold, 539.

1st, retrospective relief, ib.

restitution of trust property-where it can be followed, ib.

when it will be followed, ib.

payment of value where it cannot be followed, 540.

account of income and profits made by trustee, ib.

and of what he might have received without wilful default, ib.

account decreed with interest. [See INTEREST.] ib.

at what rate? 541.

compound interest. When? ib.

rule as to interest when and how far relaxed, ib.

costs given. When? [See Costs.] 542.

2nd, prospective relief.

removal of trustees and appointment of others, 542. [See REMOVAL
-NEW TRUSTEES.]

trust fund retained in court, 543.

receiver appointed. When? [See RECEIVER.] ib.

the discharge of breach of trust. [See DISCHARGE-RELEASE.] ib.

by a release from cestuis que trusts. [See RELEASE.] ib.

by award of arbitrators. [See ARBITRATION.] 544.

by concurrence of cestuis que trusts in the act, ib.

by acquiescence of cestuis que trusts. [See ACQUIESCENCE.] 543.
usual indemnity clause does not extend to discharge, 546.

discharge of a trustee under the Insolvent Act applies to. When? ib.

or certificate in bankruptcy, 547.

recovering on a bond given by trustee for the due performance of the trust,
is not a discharge of, ib.

waiver of relief against, by cestui que trust, from his abstaining to bring
forward his claim in the suit, ib.

BROKER:

charges of, for transfer of trust stock allowed to trustees, 597.

C.

CATHOLIC-ROMAN:

trust of advowson for, how to be executed? 450.

CESTUI QUE TRUST:

who may be, 11.

CHANCERY-COURT OF: [See JURISDICTION-SUIT.]

CHARGE:

becoming void or failing creates a resulting trust. [See RESULTING Trust.]
108.

the devisee will take the benefit of the failure. When? 112.

no distinction between, and a devise for payment of debts, 352, n., 355.
what amounts to a, of debts on real estate, 340, et seq.

CHARITY:

or of legacies, 357.

objects of, may be cestuis que trusts, 13.

what expressions sufficient to create a trust for, 44, 102, 458.

no resulting trust, where property given generally to, 98, 458.

though the particular trusts are not declared, or do not exhaust the whole,
98, 459.

though a surplus arises from subsequent increased value, 99, 459.

though the particular purpose declared, is illegal, 99, 459.

the application made by royal sign manual, or by scheme, 101, 470.

gift to a corporation on trust does not imply a trust for, 105.

constructive trust in favour of, not barred by acquiescence, 145.

appointment of new trustees of. [See NEW TRUSTEES, APPOINTMENT OF.]
169, 174.

sum of money given in trust for, not paid over to trustees without a scheme,

260.

assets not marshalled in favour of legacies to, 362, 479.

what objects regarded as charitable by the court, 44, 104, 460,

66

trust for, must originate in "gift" or bounty," 463.

trust for a foreign, how far supported, ib.

what trusts for, are within the Mortmain Act, 464.

exceptions from operation of that act, 467.

conveyances in trust for, must be executed as required by that act, ib.
jurisdiction of the Court of Chancery over trusts for, 468.

exercised on information, ib.

on suit. When? ib.

statutory jurisdiction exercised on petition, ib.

where there is a visitor, 470.

rights of the trustees to take beneficially on failure of the objects, or in
case of a surplus, 99, 470.

where a specified yearly sum is given to the charity, 99, 471, 472.
where an express or implied gift of surplus to the trustees, 100, 471.
where the trustees are themselves an eleemosynary corporation, 471,
472.

or are themselves objects of the testator's bounty, 99, 471.

application cy pres, 472.

powers and duties of trustees for charity, 472.

of alienation by them of the trust property, ib.

of leases granted by them, 473.

their general powers of control and management, 476.

rules of construction, where the objects are not absolutely defined, 477.
court directs a scheme for administration of a fund in its possession, 478.
Statutes of Limitation do not run against a trust for, 145, 251, 479.
retrospective accounts, how far directed against trustees for charity, 479.
account when limited to the time of filing the information, ib.