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trustee, be protector of an estate tail created by it, sect. 31.
Lands were settled, prior to 28th August 1833, Upon A. for life, upon trusts
remainder. To B. for life
remainder. To C. in tail. ‘A. is the protector, sect. 31.
Under a settlement made prior to January 1, 1834, lands were settled, Upon A. for life
remainder. To B. for life
A testator who died prior to 1834 devised lands to
remainder to Do in tail. A. is protector, sect. 30.
If there should be no protector under the foregoing provisions, then it should be ascertained whether there is any one in existence having the qualifications mentioned in the following table, going through them in the order there named.
TABLE II. The following are the estates to the ownership of Estates con
ferring the which the office of protector is annexed by the sta- f
right to protute :
tectorship. An estate for years determinable on a life or lives Lan estate pur autre vieman estate for life-an estate by the courtesy, in respect of the estate tail ;* but the protectorship is not annexed to those estates, unless they were created, or (in the case of a ten
* From the cases of Re Blewitt, 3 M. and K. 250, and Re Wood, 3 M. and Cr. 266, it would appear that a tenant in tail in possession is not the protector of an estate tail in remainder.
ancy by courtesy) exist in respect of an estate created, by the same settlement as the estate tail.
Ist, The persons,° if any, who may have been appointed protectors, either by the settler himself, or by some other person, under a power for that purpose, contained in the settlement, sect. 32. If no such protector should be in existence, then,
2d, A tenant by the courtesy, in respect of the estate tail intended to be barred, or in respect of any prior estate created by the same settlement as that estate tail. This right continues, though the party charges, or even absolutely parts, with his estate.
3d, The person who is (or who, but for the transfer of his estate, would have been) the owner of the first existing estate created by the same settlement as the estate tail.
N. B.—This right to the protectorship is personal, and only extends to the first taker of the estate; and though such estate might not determine at his death, but devolve upon his real or personal representatives, or his widow, as doweress, or upon his devisee, none of these persons will be protectors; and unless there should be a person qualified to be protector, in respect of some subsequent estate, the protectorship would devolve upon the Court of Chancery.
4th, Where there is more than one prior estate, and the owner of the first estate is a bare trustee, assignee, devisee, heir, executor, administrator, doweress, or lessee at a rent, and therefore not qualified to be protector, the person who would be entitled, in case such estate had determined, shall be the protector, sect. 28.
In the case of a married woman being entitled to the protectorate, in respect of an estate not settled, or agreed to be settled, to her separate use, her hus. band shall be protector jointly with her, sect. 24.
If the estate conferring the right to the protectorate shall be vested in two or more owners, then each of such owners shall be the protector, in respect of his undivided share.
• Not more than three may be appointed.
The Court of Chancery is the protector in the following cases :
Where the protector is a convicted traitor or felon.
When the protector named by the settler, or under a power given by him, is an infant.
Where it is uncertain whether the protector named by the settler, or under such power, is living.
Where the settler has excluded the owners of the prior estates from the protectorate, and not substituted a protector in their place.
And in all other cases where there are prior estates sufficient to qualify the owners thereof to be protector, and yet there shall be no protector.
Where the protector is an idiot or lunatic, whether found so by inquisition or not, the protectorate, by the 33d section, is vested in the Lord Chancellor, Lord Keeper, or other person to whose care they are entrusted; but in cases where the interests of the lunatic would be affected by the exercise of the powers of the protector, it has been considered that this clause is not applicable.
An estate is vested in A. for 99 years
remainder. Tenant for remainder. life in re
A. for life
remainder. Protector of a To B. in fee. B. settles his remainder upon C. for remainder.
99 years, if he should so long live remainder To D. for life
remainder. To C. in fee.-C. is protector.
Re Blewitt, 3 M. and K. 250; Re Wood, 3 NI. and C. · 266.
9 For the principles on which the Court acts in the character of protector, see Re Blewitt, 3 M. and K. 250; Grant v. Yeas, Re Yea, Id. 245; Re Newman, 2 M. and C. 112.
An estate is settled upon such uses as A. shall ap
point, in default of appointment, to B. for life, remainder to C. in tail. A. appoints to D. for
D. is protector.
A., a woman tenant in tail, died, leaving her husband
B. lenant by the courtesy, and her eldest son C. issue in tail.
B. is the protector, sect. 22.
A. conveys an estate to B. to the use of C., after his
own (A.) death, remainder to D. in tail. An estate for life resulting to A., he is protector.
An estate is settled on A. and his heirs during the life of B.
remainder to D, for life remainder to C. in tail. A. dies in the lifetime of B., and his estate descends to his heir. D. is protector, sect. 27 and 28.
Lands were settled
remainder to C. for life.
and A. dying during the life of B., his term de
scends upon his executors. The Court of Chancery is protector during the remainder of Bi's life; but if C. had survived A. C. would have been the protector.
Assignment. An estate is limited to A. for life remainder. To B. for life
remainder. To C. in tail. A. conveys his estate to E., a
stranger. He remains protector; but if A. conveys to B., or A.'s estate is otherwise merged in B.'s, then B. is protector.
RECEIVED, on the day of the date of the within- Receipt (inwritten indenture, of and from the within-named dorsed) for
consideraC. D., the sum of five hundred pounds, being the too
tion-money consideration-money within-mentioned to be by him in a deed. paid to me.
Received, the day of, &c., of and from A. B., of, Receipt by &c., the several deeds, papers, and writings mentioned mortgagor to
the deeds. The acknowledgment in the body of the deed is not as to the re. conclusive evidence of payment, (Styl. 462; 1 Ca. Chan. lease part in 119; Coppin v. Coppin, 2 P. Wms. 290 ;) but where it is the body of recited in the deed as an antecedent fact, it will not be re
the deed. quisite to indorse a receipt.
The release in the body of the deed estops the vendor at Operates by law from saying that the purchase-money remains unpaid ; estopel. but if the indorsed receipt is not signed, the presumption in equity is that the money remains unpaid. Separate receipts are generally indorsed for considerations paid to each party receiving, but the same may be included in one receipt, thus: “We, the within-named A. B., C. D., and E. F., do hereby Several consi. severally acknowledge to have had and received of and from derations in the within-named (purchaser,) the within-mentioned sums of, &c., according as the same is mentioned to be paid to us severally by the within-written indenture, being in full for the consideration-money for the within hereditaments and premises."