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time regard has been always had to the ancient decisions wherein the principles of equity have had their birth and their early development. Every writer, as well as every student, should always have in his recollection the advice of Sir Edward Coke, “that in reading any of these new reports he neglect not the reading of the old books of years reported in former ages, for assuredly out of the old fields must spring and grow the new corn.”

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16.

17.

18.
19.
20.

24.

25.
26.
27.

Three great divisions of equity. 29. Specific Performance.

Equitable titles; example. 30. Injunctions.

Equitable rights; example. 31. Re-execution ; Reformation; Can-

Equitable remedies; example. cellation.

Subjects of equitable jurisdiction; 32. Account; Dower; Partition; Con-

Trusts. fusion of boundaries; Rent.

Mortgages. 33. Partnership bills; Creditors' bills;

Assignments. Administration suits.

. Accident and Mistake. 34. Infants, idiots, and lunatics.

Fraud. 35. Discovery; Commissions to exa-
Notice; Estoppel; Election. mine witnesses abroad; Perpetua-
Conversion. tion of testimony; Examinations
Adjustment; Set-off; Contribu- de bene esse.

tion; Subrogation; Exoneration;|36. Bills quia timet; Receivers; Writs

Marshalling. of neezeat ; Writs of supplicavit.
Equitable liens.

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c. 10. 60.

. General nature of Trusts; Active
and Passive Trusts. i 61.

. When Trusts will be executed by
the Statute; Rules in several 62.

States.

CHAPTER II.

ExPREss TRUSTs; AND HEREIN of volunTARY DISPositions IN TRUST,
oF PRECAToBY TRUSTs, AND of Powers IN TRUST.

63. Trusts created by direct fiduciary |65. Language by which a Trust may

expressions; trusts averrable at

Common Law. 66.

64. Statute of Frauds.

be created.

Voluntary dispositions in trust;

Milroy v. Lord; Ex parte Pye.

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TRUSTS FOR MARRIED WOMEN.

97.

98.

99.

100.

101.

102.

103.

104.

105.

rally; in Pennsylvania and Con-

necticut.

What precatory words will create

a trust.

Such words primâ facie imperative.

Certainty of the object is an ele-

ment for consideration.

Certainty of the Subject.

Powers in Trust; Salusbury v.

Denton. -

III.

Conveyance where trust is not de-

clared or fails.

Where the beneficial interest is not

exhausted.

Exceptions in favor of charities.

Conveyances without considera-

tion.

Constructive Trusts.

Trustee cannot acquire rights an-

tagonistic to cestui qui trust.

Extent of this rule.

Trustee cannot purchase at his own

sale.

Other Constructive Trusts.

Statutory changes. 106.

Creation of trusts for sole and

separate use. 107.

Trustee not necessary.

No particular words necessary. 108.

Power of married women over 109.

separate estate. 110.

Liability of separate estate to her | 111.

engagements; Johnson v. Galla- 112.

gher. 113.

Rules in the United States upon

this subject. 114.

Restraints on anticipation.

For whose benefit separate estates 115.

may be created ; Massey v. Pur-

ker ; Tullett v. Armstrong.

Rules in the United States on this

subject.

General conclusions ; Lewin's

propositions.

Pin money trusts.

Wife's Equity to a settlement.

How enforced.

How waived.

To what property it attaches.

Against whom, and in whose

favor.

Gifts from husband to wife; con-

tracts.

Contracts for separation.

116.

117.

118.

119.

120.

121.

122.

123.

124.

135.

136.

137.

138.

139.

140.

141.

142.

149.

150.

151.

152.

153.

154.

CHAPTER W.

TRUSTS FOR CHARITIES.

Uncertainty in the object a char- 125.

acteristic of a charitable use.

Importance of charitable uses.

Origin of charitable uses; Vidal

v. Girard’s Executors.

Statute of Elizabeth.

Classification of charitable gifts;

Gifts for eleemosynary purposes.

Gifts for educational purposes.

Gifts for religious purposes.

Gifts for public purposes.

Definitions of a charitable use;

126.

127.

128.

129.

130.

131.

132.

Mr. Binney's definition; Jack- 133.

son v. Phillips. 134.

CHAPTER

TRUSTEEs ; THEIR Powers AND DUTIES.

Jurisdiction of Courts of Equity 143.

over trustees.

Who may be a trustee ; corpora- 144.

tions.

Acceptance of the trust.

General duties of trustees. i 145.

Conversion of Securities; deposits.

Investments by trustees; English 146.

rule.

Rules in the United States.

When trustees are chargeable

with interest.

147.

148.

CHAPTER WII.

MORTGAGES. -

The law of Mortgages no longer

peculiar to Equity.

Nature of a Mortgage ; origin of

Equity of Redemption.

Nature of the Equity of Redemp-

tion; limitations.

Nature of Mortgagor's title in

England; in the United States.

Once a mortgage always a mort-

gage.

Distinction between mortgages

and conditional sales.

156.

157.

158.

159.

160.

161.

155.

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