A testator bequeathed the residue amongst his five grand-children, A., B., C., D. and E., his grandson A.'s two children, F. and G., and his niece's two children, H. and K.; and declared that "in case any of the said last mentioned children should die before their attaining their respective ages of twenty-one and should leave no lawful issue, then the survivors were to have his or her share." F., died under twenty-one, and left no issue: Held, that his share became divisible between the eight surviving legatees, children and grand-children. THE testator by his will expressed himself as follows: As to all the rest, residue and remainder of my property, and which I shall be entitled to at the death of my wife, I give, devise and bequeath the same to be divided equally, share and share alike as tenants in common and not as joint tenants, amongst my five grand-children, William Moore, Thomas Moore, Clement Moore, Henry Moore and Joseph Moore, my grand-son William Moore's two children, Elizabeth Moore and William Moore, and my niece Rachael Walker's two children, Robert Moore Walker and Esther Walker; and in case any of the said last mentioned children shall die before their attaining their respective ages of twenty-one years and leave no lawful issue, then the survivors to have the share or shares of him, her or them so dying, equally divided amongst them, share and share alike. William Moore, the son of the testator's grand-son William Moore, died under twenty-one without issue, and the question was, whether his one-ninth became divisible, and amongst what "survivors." It was submitted, first, that the share was not divisible; and secondly, that the five grand-children first mentioned did not participate in his share. *Mr. Walker, Mr. Koe and Mr. J. F. Hall, for different parties. [*608] THE MASTER OF THE ROLLS was of opinion that the eight survivors, children and grand-children, participated in the one-ninth share of William. Reg. Lib. 1839, 966. A., being entitled to an undivided moiety of a 411 ALIEN. A devise of lands was made to English subjects, AMENDMENT. 79 See INJUNCTION, 4, 5. MISJOINDER OF PLAIN- -ANNUITY 1. The dividends of a sum in court being insuf- 2. 431 A sum of money in the five per cents, set ANTICIPATION, RESTRAINT ON. and ought to be corrected. In re The Rugby School, 457 See FREE SCHOOL. GRAMMAR SCHOOL. TRUS TEE, 3. CHOSE IN ACTION. See SEQUESTRATION, 1. CO-DEFENDANTS. 1. Accounts between co-defendants are directed in those instances only in which a case is made out between them on the pleadings, and is supported by evidence. 2. A decree was made against A. B., setting aside, as fraudulent, a purchase by an agent from his principal; and a re-conveyance, and the usual accounts of rents and purchase money were directed, in which an allowance was to be made for substantial repairs and lasting improvements. A. B. sold and conveyed part of the property, pendente lite, and died before the accounts were completed; a supplemental bill was filed against the purchasers and the heir and personal representatives of A. B.; the bill charged that the purchasers, in case of eviction, claimed compensation out of the estate of A. B.; the conveyances, pendente lite, being set aside, Held, that the purchasers were entitled in this suit, as against their co-defendants, the personal representatives of A. B., to an order for the repayment of their purchase money, and were entitled, as against the plaintiff, to an allowance for substantial repairs and lasting improvements, but that no greater relief could be given them in this suit. Held also, that the heir and personal representatives were proper parties to the supplemental bill. Trevelyan v. White, See INJUNCTION, 1. COMPENSATION. See TRUSTEE, 7. COMPROMISE. See INFANT. 588 1. A plaintiff who enters into evidence to prove 2. On an application being made to the court COVENANT TO SETTLE. COVENANT, BREACH OF. CROSS BILL. A. B, resident abroad, filed a bill against C. D., CROWN. See ALIEN. PREROGATIVE. CUMULATIVE LEGACY. Several annuities given by a will and codicils D DEBTOR AND CREDITOR. OF. DEED. See COVENANT TO SETTLE. POWER, EXECUTION One of two tenants in common brought an ac- PLEADING, 3. DEVISE. 1. A devise of real and personal estate to a A feme being entitled to a reversionary interest 563 59 Devise to testator's widow, for life, with re- |