IV. A. makes his will, containing a general devise of all his real estates, and subsequently to the date of his will purchases other real estates; do such subsequently purchased estates pass by the will?

ANS. They will pass, as by the Wills' Act a will now operates as to the property from the death of the testator, unless a contrary intention appears. (F. Bk. 189.)

V. Give the usual form of attestation to a will made since 1 Vict. c. 26.

ANS. "Signed by the said A. B. as and for his last will and testament in the presence of us, present at the same time, who in his presence and at his request have hereunto subscribed our names as witnesses." (F. Bk. 190; Law Rep. 1 Exch. 255.)

VI. Is succession duty an incumbrance upon real estate, and in investigating a title upon behalf of a purchaser is it necessary to require evidence of the payment of succession duty? ANS. Yes, for the statute imposing the duty makes it a first charge upon the land; and on investigating a title the receipt for the duty should be required to be produced.

VII. State some of the principal points to which your attention should be directed in examining an abstract of title with the original title deeds.

ANS. To see that the deeds are fully abstracted, properly stamped, execute, and duly attested; that receipts are properly indorsed; that the deeds are enrolled and acknowledged where required.

VIII. What covenants is it usual for trustees to enter into ? ANS. That they have done no act to encumber, and if they retain the title deeds, to produce same limited to their possession thereof. (Ante, pp. 17, 18, 54.)

IX. A testator devises his real estate to A. B., and bequeaths his personal estate to C. D. On the testator's death it appears that the real estate is subject to a mortgage. Is A. B. entitled to have the mortgage money paid off out of the personal estate? Has there been any recent alteration of the law in this respect?

If the will is a recent one, A. B. is not entitled to have the money paid out of the personalty. Formerly, indeed, the mortgage debt was primarily payable out of the personal estate, but by 17 & 18 Vict. c. 113, the estate now goes charged with the burden, unless a contrary intention appears by the will of the deceased; but the Act does not apply to wills made before 1855, and in case of a deficient security the mortgagee may still resort to the personal estate. By 30 & 31 Vict. c. 69, a direction to the executor to pay debts will

not include mortgage debts unless expressly named. (See F. Bk. 149; 7 Exam. Chron. 214.)

X. Give the usual form of a conveyance to uses to bar dower. ANS. Grant to the purchaser and his heirs to such uses as he shall by deed appoint; in default of, and until appointment, to the purchaser for life, and after the determination thereof by any means in his lifetime, remainder to a trustee and his heirs during the life of the purchaser, but in trust for him, with an ultimate remainder to the heirs and assigns of the purchaser. (See F. Bk. 127.)

XI. What formality is necessary in order to complete the assignment of a policy of insurance?

ANS. Notice of the assignment should be given to the office, otherwise a subsequent purchaser for value first giving notice will obtain priority, and the policy will also remain in the order and disposition of the assignor, and in case of his bankruptcy will be ordered to be sold for the benefit of the creditors. Now, by 30 & 31 Vict. c. 144, if written notice of the date and purport of the assignment be given to the insurance company, the assignee may sue in his own ñame on the policy. (F. Bk. 198; ante, pp. 10-12.)

XII. What is the difference between tenant for life impeachable and unimpeachable for waste?

ANS. Tenant for life impeachable for waste may not commit or permit any waste, as to allow the house to be out of repair or to cut down trees: he is liable at law. Tenant for life, unimpeachable for waste, may do either act, except cutting down ornamental timber or defacing mansion house. (See 1 Leg. Reas. Why, 76, 188 -190.)

XIII. What is an equity of redemption?

ANS. The right which in the Court of Chancery the mortgagor has, after the day fixed for the payment of the mortgage money has passed, to redeem his estate on payment to the mortgagee of all principal, interest, and costs due upon the mortgage to the time of actual payment. (F. Bk. 147, 148; 1 Leg. Reas. Why, 142–144.)

XIV. Is a person to whose wife a legacy is given by will a good witness to the execution of such will?

ANS. The husband is a good witness, but the legacy to the wife is void. (F. Bk. 190.)

XV. If a man die intestate, leaving a wife and children, how is his personal estate to be distributed?

ANS. One-third goes to the widow, and the remainder equally to the children. (F. Bk. 232.)

EQUITY.

I. If distinct estates be mortgaged by separate deeds to the

same person, is the mortgagor entitled to redeem one estate without the other; and can he do so if the estates were originally mortgaged to separate mortgagees, and were afterwards transferred to one person?

ANS. The mortgagor cannot redeem one estate without the other, and there is no difference if the estates were originally mortgaged to separate mortgagees. (See ante pp. 69, 70.)

II. If the mortgagee sell under his power and the estate prove insufficient to pay the debt, can he sue the mortgagor on his covenant for the deficiency?

ANS. The mortgagee may sue the mortgagor for the balance. (See 1 Leg. Reas. Why, 138, 141, 142.)

III. When will equity relieve a lessee against forfeiture for breach of covenants.-1. To pay rent. 2. To keep in repair. 3. To insure against fire?

ANS. Equity will relieve for breach of covenant to pay rent on payment of all arrears of rent and costs; also in case of a breach of covenant to insure, by 22 & 23 Vict. c. 35, ss. 4, 6, where the breach has been committed without fraud or gross negligence, and the premises are at the time of the application duly insured. But no relief can be granted for the breach of the covenant to keep in repair unless on the ground of accident, mistake, or fraud. (1 Leg. Reas. Why, 8, 167, 168; F. Bk., 136; see 9 Law Tim. Rep., N.S., 365.)

IV. How can a partner obtain a dissolution of the partnership before the expiration of the term, and for what causes; and will equity interfere to prevent a sudden dissolution of a partnership at will under any and what circumstances? ANS. By a bill in equity or plaint in the County Court. Where it is impracticable to carry on the undertaking at all, or according to the stipulations of the articles, or in case of insanity, permanent incapacity or gross misconduct of one of the partners, equity will prevent a dissolution of a partnership at will, if it is about to be made in ill faith, and would work irreparable injury. (1 Leg. Reas. Why, 163, 164.)

V. Name some of the usual cases of injury to property which equity will prevent by injunction, and how is an injunction ordinarily obtained, and how are special injunctions applied for? ANS. The committing of waste, the continuing of nuisances, interference of light and air, infringements of patents, copyrights, breaches of covenants, &c. To obtain an injunction a bill must be filed and the writ prayed for; if it is a very pressing matter, a written bill may be filed on an undertaking by the solicitor to file a

printed copy in fourteen days, and it may be applied for ex parte on motion, if the defendant has not appeared. (2 Leg. Reas. Why, 82, 84.)

VI. Will equity prevent tenants for life unimpeachable for

waste from cutting any and what timber, or from doing any or what damage to the settled estate?

ANS. Tenants for life unimpeachable of waste will be restrained from cutting ornamental timber, or committing any kind of equitable waste, such as destroying the dwelling house, the pleasure grounds, &c. (1 Leg. Reas. Why, 188, 190.)

VII. Are trustees, solicitors, or other persons in fiduciary characters, allowed to contract or deal with the parties for whom they act, under any, and what conditions?

ANS. Persons in such fiduciary positions cannot contract or deal with the parties whom they represent, unless it appears that the connection between the parties has been dissolved, or no undue use has been made of the knowledge acquired by the party being trustee, &c. (See 1 Leg. Reas. Why, 24.)

VIII. What rights has a husband in and over his wife's property not settled to her separate use:-1, Freeholds; 2, Chattels real; 3, Chattels personal; 4, Choses in action; and how can such properties be dealt with? And how can a married woman deal with property settled to her separate

use?

ANS. 1, The husband is entitled to the rents of the freeholds during coverture, and if he has issue by his wife he is entitled to the freeholds for life, and may lease them under the Settled Estates Act for a term not exceeding twenty-one years; the freeholds are disposed of by deed acknowledged in which the husband and wife must join. 2, The chattels real the husband may dispose of during coverture, but not by his will; if he does not dispose thereof they are absolutely his; if the wife survives they belong to her, and not to the husband's representatives. 3, Chattels personal are the husband's absolutely, with the exception of paraphernalia. 4, Choses in action become the husband's if they are reduced into possession during the marriage, but if the husband dies before this is done they revert to the surviving wife; or if the wife dies before the husband takes as her administrator. The husband and wife may, by an acknowledged deed, under Sir Richard Malins' Act, dispose of her reversionary choses in action. A married woman may dispose of personal or real property settled to her separate use either by deed or will. (See 1 Leg. Reas. Why, 211, 212, 205, 206; ante, pp. 101, 103.)

IX. If a penalty be payable on non-performance of an engagement, can the obligor relieve himself from his contract by paying the penalty?

ANS. No, for equity will not allow the party an option to perform the agreement or to pay the penalty, but looks on the agreement as one to be performed at all events. (See 1 Leg. Reas. Why, 99.)

X. What contracts will equity set aside, and what alteration in the law as to sales of reversionary interests has recently. been made?

ANS. Such contracts as are entered into either in consequence of express or implied fraud; where they contravene some statute or are against public policy, &c. (See 1 Leg. Reas. Why, pp. 14, 40.) By the 31 Vict. c. 4, no purchase made bona fide of a reversionary interest in real or personal estate is be set aside simply on the ground of undervalue.

XI. What are the different modes of commencing proceedings

in equity, and how is defendant brought before the Court, and if he be out of the jurisdiction?

ANS. Proceedings in equity may be commenced by bill (or infor mation) special case, petition, summons at chambers. The defendant is brought before the Court by being served with a copy of the bill, &c., properly stamped and endorsed. The Court may order service of a bill out of the jurisdiction; and after the time for appearing has expired, upon being satisfied that the defendant was duly served with a copy of the bill and order, may direct that an appearance be entered for him. (See 2 Leg. Reas. Why, p. 29.)

XII. If plaintiff require an answer to his bill, what steps must he take, and when, and is defendant at liberty to answer a bill if plaintiff does not require it, and when ?

ANS. The plaintiff requiring an answer to his bill must file interrogatories this must be done within eight days after the time limited for appearance; a copy of them must be served within that time or any time before appearance, or within eight days after the appearance actually has been entered. (1 Leg. Reas. Why, p. 86.) Where the plaintiff does not file and serve interrogatories the defendant may nevertheless file a voluntary answer within fourteen days (or an enlarged time) after the time within which he might have been served with interrogatories. (1 Leg. Reas. Why, pp. 13, 14.)

XIII. For what cause may an answer be excepted to, and within what time, and does the rule apply to a voluntary answer?

ANS. An answer may be excepted to either for insufficiency or for scandal; for insufficiency within six weeks after it is filed, or a further answer within fourteen days of filing. A voluntary answer cannot be excepted to for insufficiency. An answer may be excepted to for scandal at any time. (1 Leg. Reas. Why, 17.)