Imágenes de páginas

testamentary expenses, and legacies, to invest the resi- such refreshment-rooms are situate, either up or down, due thereof in their names in the public funds, or upon shall, save in case of emergency or unusual delay arising government or real securities, with power to vary such from accident, stop there for the refreshment of pasfunds or securities, and to apply the interest and divi- sengers for a certain period; and the company thereby dends for the benefit of her children, as therein men- | undertake not to do any act contrary to the above intioned; and the trustees of the will are the same persons tention; this is a legal binding covenant, the specific who are trustees of the settlement creating the power; I performance of which the Court of Chancery has jurisand the funds which are the subject of the power are diction to enforce by injunction; as, at law, the covealready invested in stock in their names; and they nantees could only recover such speculative damages as have the same power by the settlement to vary the a jury might give them in repeated actions against the funds or securities as that which is given by the will ; company; and, for the purpose of a motion for an inthe will is not an execution of the power: for the funds junction, the company must be regarded as private which are the subject of the power are not subject to individuals, and cannot be heard to excuse a breach of the payment of debts or funeral or testamentary ex- the covenant upon the ground of the convenience of penses; and what the testatrix gives, in the case above the passengers. And if any trains regularly run by dimentioned, she gives as residue; and if she intended rection of the company, without stopping at the staher will to be an appointment of the funds comprised tion for the purpose of affording the passengers an opin the settlement, the powers of investment given by portunity of taking refreshment, and such trains do the will would be unnecessary as to those funds. Clog not differ from the ordinary trains, except in the rate stoun v. Walcott, 13 Sim. 523.

of travelling, they are not trains “ sent express or for special purposes," within the exceptions in the cove

nant, although they are called “express trains” in the Power of Sale-See “ Conversion,Case 8, “ Mort time table. Rigby y. The Great Western Railway Comgage," Case 2.

pany, 10 Jur. 488—V. C. W.

But where the right to an injunction would depend

on a disputed legal question, which the court will not PRESCRIPTION

decide, the court will not grant an injunction while to work mines under houses.]-A prescription or cus- such question continues to be in dispute, if the comtom in a manor to work mines under houses, with

pany undertake to pay such sum of money as may be out making compensation for any damage occasioned to

assessed for damages for the violation of the covenant, guch houses, is bad, as being unreasonable. Hilton v. to be ascertained by the court, so as to avoid the possiGranville, 1 Dav. & M. 614.

bility of inflicting a wrongful and irreparable loss upon

the company by means of an injunction, and yet avoid PRESUMPTION

the difficulty of bringing numerous actions at law. Id.

561-L. C. as to a Grant of land between a high road and other land which was granted.]-As between the grantees of

Agreement of a Solicitor to exempt the Provisional different lands at different times from the same lord of

Committee from a personal liability for Costs.] - An a manor, no presumption arises that a strip of land be agreement between a solicitor of a company and the tween a high road and the land which was unquestion

na provisional committee, that they shall not be personally ably comprised within the grant to one of them, was

responsible to him for costs, but that the costs shall be granted to that one. White v. Hill, 6 Adol. & Ell.

& Adl & EI paid out of the deposits, is not illegal, on the ground 487.

| that it may diminish the security of the company, as

cestuis que trust in regard to the conduct of the proPRINCIPAL AND SURETY.

visional committee. For, primâ facie, trustees have a

right to be indemnified by their cestuis que trust before lance, placed by them to the credit of the principal.] - J. 155_V.C.'w. Where a person joins as surety in a promissory note, as a security for the floating balance which may at any time be due from the principal to his bankers, the

REMOTEN ESS. surety is properly answerable for no more at any time. Alternative Limitation in case of dying without than the floating balance may amount to; and the leaving lawful Issue as aforesaid.”]-Where a testator bankers have no right to give the principal credit in devises real and personal estate, in trust for a person for their books for the amount of the note, when he has life, and, after her decease, in trust for all and every overdrawn his account less than that amount; for the such one or more of her child or children, lawfully beconsequence of this would be, that the surety, even gotten, as she shall appoint; and, in default of appointthough the principal may not have drawn for the ment, in trust for all and every her child and children, amount, might all at once be made answerable for it, and to their respective heirs, executors, administrators, since the principal has the immediate benefit of it, and assigns, for ever ; but in case she should die with: having a right to draw for it at once. Archer v. Hud out leaving lawful issue as aforesaid, then to her heirs, son, 7 Beav. 551.

executors, administrators, and assigns, for ever; the

words “as aforesaid” shew, that by “ issue" the tesRAILWAYS.

tator means “ children;" and the limitations in default Injunction to restrain a Breach of a Covenant to stop

of appointment are alternative limitations to the child at a Refreshment Station.-" Trains sent Express.”] –

or children, and their respective heirs, executors, adWhere, in a lease by a railway company, it is declared to

ministrators, and assigns, if the tenant for life should be the intention of the parties, that, in consideration of

leave any child or children; but, if she should not leave the outlay to be incurred by the lessee in the erection of

in the erection of any child or children, then to her heirs, executors, and refreshment-rooms, the company shall give every faci

administrators; and, consequently, the limitation over lity to the lessee for enabling him to obtain an adequate is not too remote. Walker v. Petchell, 1 M., Gr., & return, by means of the profits of the refreshment

Scott's C. B. Rep. 652. rooms, and that all trains carrying passengers, not be Limitation over of personal estate, in default of issue.] ing goods trains, or trains to be sent express or for spe- Where a testator gives shares in an insurance office to his cial purposes, and except trains not under the controlson, his executors, administrators, and assigns, his son of the company, which shall pass the station where I paying the profits of certain of them to his daughters during their lives, and after their decease their shares to a creditor, upon trust to sell for payment of his to return to his son and his issue; and, in default of debt, and then of the debt of a prior creditor; and such issue of his son, he gives all the shares to his the prior creditor and the debtor jointly and se daughters and their issue, share and share alike; the li- verally covenant to pay the debt of the subsequent mitation over to the daughters is void for remoteness; creditor; and the debtor, as a security to the prior for in this clause there is nothing to shew, that the tes creditor, executes a deed appointing the prior creditor tator by the word “issue” means children;" and, his attorney to receive certain debts due to him and therefore, the word cannot be so construed, although, in certain expectant legacies for the prior creditor's own a preceding limitation over, it does mean children. benefit; and the subsequent creditor sells the proHedges v. Harper, 10 Jur, 578–M. R.

perty not so long as twenty years before the filing of a bill by the prior creditor, and for a less sum than the

amount ef his debt; and more than twenty years RENT--Sees Construction," Case 4.

elapse from the execution of the subsequent security to

the prior creditor, without any acknowledgment by RESIDUE-See “ Construction," Case 2.

the debtor of the prior debt; that deed operates as a valid assignment in equity of the debts and legacies

due to the debtor, notwithstanding the Statute of LiRESULTING TRUST-See Heir."

mitations. For, as the trust existed up to the time of the sale, and within twenty years, the debt due to

the prior creditor is not barred by the statute; and as the SATISFACTION-See “ Jointure.”

debt exists, and the subsequent deed executed as a se

curity to the prior creditor is only a collateral security SETTLEMENT.

for the debt as primarily secured by the trust, such

subsequent deed continues to be operative. Bennett v. Voluntary limitation of the wife's property in facor | Cooper, 10 Jur. 507-M. R. of her brothers and sisters. Where, by a pre-nuptial

Receipt of rent under a lease. ]-Where a person not

Renée settlement, an estate, the property of the intended

entitled has received rent for twenty years, under a wife, is limited, in case she should die without child

valid lease, made prior to the act, the party rightfully ren, to trustees, in trust to sell and divide the proceeds

entitled to the land in reversion would be barred by the amongst her brothers and sisters; and afterwards the

9th section of the Statute of Limitations, 3 & 4 Will. husband agrees to sell the estate, and he and his wife

4, c. 27, if his right were not saved by the 15th secjoin in conveying it to a purchaser, by deed and fine,

tion; but it is saved by the 15th section, if asserted by and the wife dies without issue, the limitation in favor

an action within five years from the passing of the act; of her brothers and sisters is voluntary, and void as

for “the possession and receipt of the profits of the against the purchaser, under the stat. 27 Eliz, c. 4.

landis not adverse to the party rightfully entitled, Cotterell v. Homer, 13 Sim. 506.

since the possession and receipt were under a valid

lease; and the words “receipt of rent,” in this section, SOCIETY-See “ Trust.

do not refer to rent reserved on a lease. Doe d. Angel! V. Angell, 15 Law J. 193—Q. B.

Right of a person entitled subject to a tenancy at SPECIFIC PERFORMANCE

will. 1 - The Statute of Limitations, 3 & 4 Will. 4, c. of an Agreement to bar an Entail and re-settle an Estate.- 27, s. 7, as to the accruer of a right of a person entitled Right of Redemption, 7- Where a father, tenant for life. subject to a tenancy at will, does not apply where the and a son, tenant in tail, join in mortgaging an estate ter

no an estata tenancy at will was determined before the passing of the for a debt of the son, under an agreement between them

thom I act. Doe d. Evans y. Page, 1 Dav. & M. 601. to bar the entail and re-settle the estate, as to the re

See " Mortgage," “Waste." mainder after the death of the father and mother, in case the father shall be obliged to pay any part of the

STATUTE 32 Hen. 8, c. 9-See“ Vendor and Purchaser, ** interest upon the mortgage, or the son shall not pay off

Case 6. the mortgage by a certain day, and the father shall then pay it off and release the son therefrom, to the use of the father in fee, he covenanting to give the son STATUTE 27 Eliz. C. 4-See" Settlement.or his issue a certain proportion of the estate, or of the value of such proportion thereof; and the father neither pays off the debt, nor releases the son from it; in such

STATUTE 1 Will. 4, c. 47, s. 12. case, the court will not, after the father's death, enforce The stat. 1 Will. 4, c. 47, s. 12, does not apply to a the specific performance of the agreement, although the case of a mere equitable estate for life, where, in consefather has paid the interest until his death, and his de- quence of the disclaimer of a person named as trustee visees have paid off the mortgage; for as, in the case for the life of the cestui que trust, the legal estate has supposed, the father does not release the son from the devolved on the heir, not by devise, but by descent. debt, a state of things existed for which the agreement Heming v. Archer, 7 Beav. 515. did not provide, and as to which it was inoperative. And as the court will not decree a specific performance, the original rights of the parties, irrespective of the agree

STATUTE 1 & 2 Vict. c. 110, s. 13—Sce" Debtor and ment, remain, and, therefore, the son is entitled to re

Creditor." deem the estate upon repayment of the mortgage debt and the interest. Playford v. Playford, 4 Hare, 546.


Word “ Survivor” referring to the time of the death SET-OFF-See “Vendor and Purchaser," Case 10. of a prior taker.-" Issuemeaning " Children.")

Where a testator directs his trustees to sell real estate

when they shall think proper and convenient, and he STATUTE OF LIMITATIONS.

devises and bequeaths such real estate, and the proceeds Bar of a collateral security for a debt.-Assignment thereof, and his personal estate, in trust for a person of debts and legacies.]—Where property is conveyed for life, and, after his decease, to convey and pay the

same to the children of that person, or the survivors of to invest another sum in the same manner, and he them, their several heirs, executors, administrators, and deals with the two sums as his own property, and the assigns, for ever, when and as they shall attain twen- dividends thereon are carried to his account; on his dety-one; but, in case such person shall die without cease in the lifetime of his wife, the stock forms part of leaving any children him surviving, or, there being his assets, and does not belong to his wife as survivor, such, they shall all die under twenty-one and without nor to his son as a cestui que trust. Smith v. Warde, 15 issue, then upon trust to convey and pay the same pro Law J. 105–V.C.E. perty to the children of two other persons and the sur- Society incorporated for public purposes. ]-Where provivors of them, share and share alike; but, in case any perty is vested in a society incorporated by royal charter, of such children shall be then dead, leaving issue, such for the accomplishment of purposes of a general and pubissue shall have the original share of the father or lic or political nature, (as for the formation of a colony or mother of such issue so dying, and the share or shares settlement), and, according to the constitution of the to which such father or mother may be entitled by society, certain other bodies, although interested in any survivorship or otherwise: in such case the word “is- surplus that may remain from time to time, after those sue” means “ children,” being so explained by the purposes are accomplished, are not entitled to control word "children," and by the expressions “father or the exercise of the powers which are given to the somother of such issue;" and the survivorship is to be ciety for such purposes; the Court of Chancery has referred to the period of division, namely, the death of no jurisdiction, upon the application of those bodies, to the tenant for life; and the property is given to the determine upon the propriety of the expenditure which children of the two persons before mentioned living at has been made by the society, even though the society the date of the will, and those born after that date and may have erroneously admitted itself to be a mere trusbefore the period of division; with a proviso for survi- / tee for those bodies. The Skinners' Company v. The vorship between them in case any should die before the Irish Society, 7 Beav. 593. period of division, without leaving children; and with Innenction against using a Scotch Kirk as a Free a proviso substituting for the original legatees the child- | Church. 7-Where, according to the intention of the ren of such of them as should die before the period of founders of a place of worship, it was to correspond in division, leaving children, and giving to such children | all respects with a church situated in Scotland, subiect absolute interests, so that, if they die before the period

to the jurisdiction of a Scotch presbytery, and in strict of division, their representatives will take. Buckle v. licommunion with the Established Church of Scotland. Fawcett, 4 Hare, 536.

| the Court of Chancery will prevent it from being used Word Survivor" referring to the time of the decease as a place of worship in connexion with the Free Church of a prior Taker.]-Where a testator bequeaths money of Scotland. Attorney-General v. Welsh, 4 Hare, 572. upon trust for his wife for life, remainder for his Words of Recommendation. 1-Where a testator, after daughter for life, and, upon her demise, the interest to bequeathing certain specific chattels to the use of his be appropriated for the use of any of her children, until wife, adds, that they may be finally appropriated as they reach the age of twenty-one years, and then the she pleases, with a sum” of money, which,“ however,” principal sum to be paid to the survivor or survivors of he « recommends her to divide" among certain persons, the children of his daughter, share and share alike, the no trust is created in their favor; because she would survivorship refers to the time of the death of the

not have the power to appropriate this sum as she daughter; so that a child who attains twenty-one, but pleases, if she were bound to comply with the recomdies before the daughter, takes nothing. Turing v. mendation in the will. The different parts of the will Turing, 10 Jur. 366–V. C. E.

can only be reconciled by holding, that the testator, See Contingent Interest,Vested Interest."

while he recommends the money to be appropriated in a particular way, leaves it to his wife's discretion to

adopt his recommendation, or not. And the court will TRUST.

not carry the doctrine of the cases, in which words of reWhere a Debt due from a Trustee is a Specialty Debt. 1 commendation have been held to create a trust, any fur-Although a mere breach of trust creates only a simple

ther than it has been already carried. White v. Briggs, contract debt, yet, where it is declared by a deed under 15 Law . 182-... C; seal, that a person, his executors, administrators, and

See Construction,Case 2. assigns, shall stand possessed of certain funds upon trust for another; a sum due to the cestui que trust from the estate of the trustee, in respect of such funds made use

TRUSTEES. of by him, is a specialty debt. Wood v. Hardisty, 10 Opinion taken by a person named a Trustee without Jur. 486–V. C.B.

his sanction.]-A person who has been named as a trusMortgage of Shares by a Trustee.- Notice of a Trust. ]- tee of a term, in a deed of assignment thereof, without Where a person buys shares in a company in the name his sanction, and, on his refusal to assign the term to of another person, and does not give notice to the com- other trustees, is called upon to execute a deed of dispany that the latter is a trustee of those shares for claimer, is justified in taking the opinion of counsel on him; and the trustee mortgages them, and the mort- his obligation to execute such deed, and will be allowed gagee gives notice of the mortgage to the company, the the costs of taking the opinion. In re Tryon, 7 mortgagee is entitled to a priority over the cestui que Beav. 496. trust; the trustee's knowledge of the trust not amount- Devise and bequest of Trust Property by surviving Trusing to notice to the company, although he, as a share-tee. 7-Where a testator devises and bequeaths real and holder, is a partner in the company. Martin v. Sedg- personal estate, on certain trusts, to be performed by wick, 10 Jur. 463–M.R.

the trustees named, and the survivors and survivor, and Direction to invest in joint names of husband and by the heirs and assigns, or the executors or adminiwife, in trust for their son. If a person directs his strators of the survivor, and the will contains no power bankers to invest a sum of money in stock in the joint to appoint new trustees, and the surviving trustee denames of himself and his wife, in trust for his son; and vises and bequeaths the trust estates and monies to certhe bankers return an answer, that, as the Bank of tam persons, upon the trusts of the first will; this is a England object to have any trusts in their books, the valid devise and bequest to them upon those trusts. bankers had simply invested the money in the names of For, although it would be a breach of trust in a trustee, himself and his wife; and he afterwards directs them even a sole surviving trustee, in the absence of a power

for that purpose, to vest the trust property in any other plied in taking out foreign patents, and the latter sum person by a disposition inter vivos, because he cannot is not paid by that day, nor previously to the time for transfer that personal confidence which the testator inrolling the specification; the patentee is entitled to placed in him; yet this is not the case with a disposi- rescind the contract, notwithstanding his acceptance of tion by will, because, at the death of the last surviving other sums at other times than those which were fixed trustee, there must be a devolution or transmission of by the agreement; for, time was of the essence of the the property to some one or more persons not immedi- contract in regard to the payment of the latter sum, beately or directly trusted by the author of the trust; cause it is most important that the patentee should the property must pass either to the hæres natus, or have the means of obtaining foreign patents before the heir-at-law, or to the hæres factus, or devisee or legatee, specification is published to the world. Payne v. Bonof the surviving trustee; and there is more probability ner, 15 Law J. 227–V. C. E. and L. C. of inconvenience arising from its passing to the heir-at- Abandonment of the Contract by the Purchaser. law, if there is one, since the heir-at-law may be a mar- | Where a purchase of an estate is to be completed by a ried woman, an infant, a lunatic, a bankrupt, or out of certain day, and the contract provides, that, in case the the jurisdiction. And when the word “assigns” oc- vendor shalí be unable to obtain the concurrence of all curs, as in the above case, the validity of such a devise the requisite parties in the conveyance, each party and bequest is the more clear, inasmuch as some rational may rescind the contract on notice in writing; and it and legal effect must, if practicable, be ascribed to that appears, from the correspondence between the vendor word, and as it cannot, consistently with the rules of and purchaser, that it was well understood that certain the Court, be considered to mean “assignees by deed," persons should be parties, and yet their concurrence is it may be fairly deemed to mean “ persons who may be not procured by the vendor by the time appointed for the made such by devise and bequest.” Titley v. Wolsten completion of the purchase, and a month after that time holme, 7 Beav. 436.

the purchaser gives notice of his abandonment of the Responsibility for neglect of bankers in not investing contract, and the concurrence of the parties above menmoney. ]-Where a trustee deposits trust monies with tioned is not procured till some months afterwards, the his bankers, with a direction to invest the same in Con-Court will not enforce a specific performance of the sols, but he makes no inquiry respecting it until some contract at the suit of the vendor. Benson v. Lamb, 15 months afterwards, when the bankers become bank- Law J. 218–M.R. rupts; he is answerable for the loss occasioned by the Presumption of the existence of a probate or letters of omission of the bankers to invest it. Challen v. Ship-administration. ]-Probate or letters of administration pam, 4 Hare, 555.

will not be presumed, in support of the title to a term, Not investing as directed.]-Where trustees are di- from a possession of sixty years, where it is not necesrected to invest personal estate in government or real sary to admit the existence of a probate or letters of securities, but some of the cestuis que trust and one of administration, in order to account for that possession. the trustees permit the trust funds to remain in the Doe d. Woodhouse v. Powell, 15 Law J. 189-Q. B. hands of the other trustees at interest, and he fails; the Sale by a hospital to a corporation. 7- Where the oftrustees are chargeable with the amount of the trust ficers of a hospital are chosen from the members of & funds possessed by them, with interest, and not with corporation, the two bodies are not sufficiently indewhat they might have received had they invested in pendent to be capable of contracting with each other the funds; because, inasmuch as they had an option to for the sale of real estate by the former to the latter. invest in either, it is impossible to ascertain the amount Attorney-General v. The Mayor of Plymouth, 15 Law which they ought to have received, and they could not J. 109–M. R. be charged with the specific loss resulting from an act Sale of a term by an administrator out of possession.] (namely, an investment in the funds) not having been -A sale, by an administrator, of a term of which the done, which they were not imperatively bound to do.

intestate died possessed, but which, since his death, has Shepherd v. Mouls, 4 Hare, 500.

been in the adverse possession of other persons for seSee Executors," " Railway," Case 2,

veral years, and of which the administrator never had

possession, is void, as well at common law as by the UNDERLEASE-Sce“ Vendor and Purchaser,Case 10.

stat. 32 Hen. 8, c. 9. Doe d. Williams v. Ecans, 1 M., Gr., & Scott, 717.

Specific performance of agreement for sale of a pro VENDOR AND PURCHASER.

perty, part of which is liable to be destroyed. 1-Where : Part payment of Purchase-money.-Re-sale of goods person contracts to sell a wharf, with a jetty, which is by the Vendor.--Assignment by the Purchaser for the essential to the beneficial enjoyment of the wharf, but benefit of creditors. ]-Where a purchaser pays part of | is liable to be removed at any time by the local authe purchase-money of goods, and allows them to re-thorities, and that circumstance is not mentioned by main in the vendor's possession, and the vendor essents the vendor prior to the contract, a specific performance to a deed of assignment executed by the purchaser for of the agreement will not be decreed. Peers v. Lainthe benefit of his creditors who shall execute the deed, 1 bert, 7 Beav. 546. and afterwards re-sells the goods for a sum less than the Specific performance of an agreement for sale of a balance due to him from the first purchaser, he cannot lease, where there will be a liability in respect of the negles claim a dividend with the other creditors of the first of the lessees-Covenant-Indemnity-Compensation. purchaser upon the balance of the purchase-money; Where a lessee covenants to build some additional for, by assenting to the deed, the vendor ceased to have houses within a certain time, and well and sufficiently any property in the goods, which passed, under the to repair the houses already built, and thereafter to be deed, to the assignees, and he took instead a dividend built, and all the premises thereby demised, so well under the trusts of the deed. Bush v. Shipman, 10 Jur. and sufficiently repaired, to deliver up at the end of 507—L. C.

the term, but he does not build the additional houses; · Sale of a share of a Patent.-- When Time is of the in such case, although the lessor, by accepting rent essence of a Contract, as regards payment of the consider after the expiration of the time limited for building ation. Where a patentee agrees to give another per. the houses, waives that part of the covenant by which son a share of the patent, in consideration as well of the lessee agreed to build, yet the covenant to deliver other sums to be previously paid at various times, as of up the houses extends to the additional houses, as well a certain sum to be paid by a particular day, to be ap- | as to the houses built at the date of the deed; and, al. though the purchaser might relieve himself from the proved in pecuniary value; and the remainderman may consequences of a breach of the covenant by assigning either file his bill in respect thereof at or soon after the the term to a pauper for the last day of the term, yet time of the conmission of such waste, or he may defer the lease is bad, for he ought not to be compelled to doing so until the death of the tenant for life; and the adopt any such expedient; and the purchaser is not time fixed by the Statute of Limitations will not begin bound to accept the title with an indemnity; and the to run until the death of the tenant for life. And in amount of the liability cannot be ascertained, so as to case he files the bill then, the estate of the tenant for render it a fit subject for a compensation. Nouaille v. life is liable to account to the remainderman for all the Flight, 7 Beav. 521.

profit received by means of such acts of waste, with inAgent setting off a Debt due from himself to the Pur

terest at 41. per cent. from the time of the decease of the chaser against part of Purchase-money.]-If a vendor

tenant for life; although the remainderman may have employs an agent to receive the purchase-money, and

| made no specific claim in respect of the waste during the the agent sets off a debt due from himself to the pur-| lifetime of the tenant for life, but stated, in the course chaser against a part of the purchase-money, and then of certain negotiations with the tenant for life, that he represents to the vendor, that he, the agent, had re-was not desirous of founding any specific claim, but he ceived the full amount of the purchase-money, and the could not but think due consideration ought to be had vendor signs a receipt for the same, and executes a con-| to the circumstance of the commission of waste. Duke veyance, the purchaser will still be liable for the amount of Leeds v. Earl Amherst, 10 Jur. 509-V.C. E. not actually paid to the agent, but retained in respect of the agent's debt. Young v. White, 7 Beav. 506.

WILL. Sale of a term, with the advantage of an improved rent Instrument partially testamentary.]-An instrument reserved on an underlease made by the termor after a

may operate as a will, though it be only partially testamortgage of the whole term.]-If a termor for years,

mentary. So that, where a person, in the same inafter mortgaging the whole term, and making default

strument, appoints his mother to be his attorney for in payment of the mortgage debt at the time appointed,

him, and in his name, and to his use, to demand and remakes an underlease, and then agrees to sell the whole

cover the possession or rent of a house, and to retain all term, with the advantage of the improved rent reserved

proceeds for her own use, until his return to England; on the underlease, he can make a good title, if the

e or, in the event of his death, he thereby assigns and mortgagee reconvey to him all his interest; for, the

reconvey to him, als his interest; for, ne delivers to her the sole claim underlease, though originally by estoppel only, (the held by her during her life, and disposed of by her at

to the property, to be termor having parted with all his interest to the mortgagee), becomes a lease in interest by the reconveyance

her death; the latter part of this is a valid will. Doe

d. Cross v. Cross, 15 Law J. 217—Q. B. by the mortgagee. Webb v. Austin, 7 M. & Gr. 701,

Publication.]—Where an attestation is made in this

form, “We, the undersigned, attest to have seen the VESTED INTEREST.

above testator sign the above will,” it is sufficient eviLimitation to the testator's right heirs of his own dence that the will was published; for it is an attestaname. 7- Wrightson v. Macaulav. 4 Hare, 487. This tion that the witnesses saw the testator sign what they case was sent for the opinion of the Court of Exche

knew to be his will; and hence it must be presumed, that quer : a statement of the point decided will be found in by some words or acts he made known to them that it 10 Jur, 214.

was his will'; and by what words or acts is immaterial. Necessity of surviving a prior taker. ]-Where a tes

Bartholomew v. Harris, 15 Law J. 166_V. C. E. tator gives the proceeds of his residuary property upon trust for such of the children of a person as may be living at the time of the decease of the tenant for life,

TABLE OF CASES IN THIS PART OF THE and the issue of such of them as may be then dead, in

REPOSITORY. equal shares, such issue respectively, however, only taking the share or shares which his, her, or their | Angell o. Angell, 15 Law J. 193, Q. B. [p. 439]. parent or parents would have taken, if living; and some | Archer o. Hudson, 7 Beav. 551. [p. 440, 453]. of the children die leaving issue: and such issue also die | Ashton v. Dalton, 10 Jur. 451, V. C. B. [p. 452). in the lifetime of the tenant for life, such issue take a

Aspinall o. Audus, 7 Man. & G. 912; 14 Mee. & W. 698. vested interest, transmissible to their representatives.

[p. 439]. Legon v. Coward, 10 Jur. 486 --V. C. E.

Attorney-General v. Hodgson, 10 Jur. 300. [p. 452].

- 0. Mayor of Plymouth, 15 Law J. 109. See " Contingent Interest,Heir."

M. R. [p. 456].

v. Welsh, 4 Hare, 572. [p. 455]. WAIVER.-See “ Waste," Case 2.

Bartholomew v. Harris, 15 Law J. 166, V. C. E. [p. 457].

Beales v. Crisford, 13 Şim. 592. [p. 430].

Beaumont v. Reeve, 15 Law J. 141, Q. B. [p. 428].

Beck o. Barn, 7 Beav. 492. [p. 430]. Cutting down pollard willow-trees.]-If a lessee for Bennett o. Cooper, 10 Jur. 407, M, . [p. 455). years cuts down pollard willow-trees, leaving the stools

own pollard willow-trees, leaving the stools Benson v. Lamb, 15 Law J. 218, M. R. [p. 456). or butts, from which they will shoot afresh, it is not Beresford o. Archbishop of Armagh, 13 Sim. 643. [p. 451]. waste, where they are not timber by the custom of the Bohn v. Bogue, 10 Jur. 420, V.C. E. (p. 431]. country, and do not shelter or ornament the house, or Bolton o. Ward, 4 Hare, 530. [p. 452]. protect the bank of a river, or are not intended as a per- Bradburne v. Botfield, 14 Mee. & W.559. [p. 4327. manent shade to beasts while depasturing. Phillips v. Brooks v. Lord Lake, 10 Jur. 485, V.C. E. "Ip. 4407. Smith, 14 Mee. & W. 589.

Brown o. Bamford, 10 Jur. 447, L. C. [p. 451). Equitable Waste by Tenant for Life.- Time fixed by

Buckle o. Fawcett, 4 Hare, 536. [p. 455). the Statute of Limitations, not running till his death.

Bush v. Shipman, 10 Jur. 507. [p. 456]. Waiver of compensation for Waste. ]-Where a tenant

Campbell o. Campbell, 7 Bear. 482. [p. 429]. for life, without impeachment of waste, pulls down a Challen v. Shippam, 4 Hare, 555. [p. 456). mansion, and cuts down the ornamental timber around Chambers v. Chambers, 10 Jur. 326. [p. 431]. it, and sells the materials and the timber, this is equit-Clogstown o. Wallcott, 13 Sim. 523. [p. 453). able waste, although the inheritance may have been im- Cobam v. Cobam, 12 Sim. 639. [p. 440].

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