1845, a replication only, in the old form, has been filed, a replication in the new form mentioned in Order 93. may be regularly filed, for the purpose of putting the cause at issue; but secus, where a subpoena to rejoin has been served prior to these New Orders. Wheatley v. Wheatley. Page 577 7. The words "last of the answers," in the 114th Order of May 1845, means the last answer of any one of several Defendants, so that the right of one Defendant to move to dismiss for want of prosecution is not delayed by his Co-defendant's neglect to answer. v. Hayter. Dalton 586 ESTATE FOR LIFE. Devise to A. for life, with remainder to her first child and his or her heirs; but if such child should die under the age of twenty-one years without leaving issue, then in like manner to the second, third, and every other child of A., regard being had to their seniority, and to their respective deaths under age without leaving lawful issue; for, in case of issue, it was the testator's will that they should inherit the estate, and he thereby gave the same to him or her, and to his or her heirs accordingly. But in case A. died without leaving issue of her body, or, having issue, such issue should die under the age of twenty-one without leaving issue, then he devised the estate over. A. never had any issue: Held, that she took a life estate only. Goymour v. Pigge. Page 475 3. Though it is the more usual and afterwards examined as a witness 5. Allegations and admissions, used as evidence of the rights of the See DEPOSITIONS. EXCEPTIONS. See INJUNCTION, S. EXECUTORS. Page 593 See ADMISSION OF ASSETS. EXECUTORS AND ADMINI- The ultimate trust in a marriage band band (who was tenant for life), were entitled. Allen v. Thorp. pauper not being specifically denied. Mather v. Shelmerdine. Page 72 Page 267 EXONERATION. FORMA PAUPERIS. Pauper order discharged, the particular circumstances, tending to shew that the Plaintiff was not a FRAUD. 162 1. This Court has concurrent jurisdiction with courts of law in cases of fraud, but there are courses of conduct which this Court construes as fraudulent, but which courts of law would not notice. Clarke v. Manning. 2. Upon an injunction to restrain an action at law, on the ground both of legal and equitable fraud, the court, admitting its jurisdiction to determine the legal fraud, permitted the action to proceed, in order to determine the question of legal fraud, and restrained execution only, with liberty to apply. The jury having found that there was no legal fraud, this Court afterwards entered into the consideration of the question of equitable fraud, and finding none to exist, permitted execution to be taken out. Clarke v. Manning. Ibid. See VENDOR And Purchaser, 3. FURTHER DIRECTIONS. A case of breach of trust was alleged on the pleadings against trustees and executors for not having sold an estate, but at the first hearing the common accounts only were directed. Held, on further directions, that the Defendants could not be then charged U u 4 with GUARDIAN, 4. with the breach of trust, and that | 28th Order of October 1842.- See 16th Order of May 1845, art. 25.— See INJUNCTION, 8. 28th Order of May 1845.– Sce COPY BILL, 1, 2. - 21st Order of December 1833.- See 1. It is not the practice of the Court 5th Order of May 1839.- See PRE- 32d Order of August 1841.- See 34th Order of August 1841.- See DEMURRER, 2, 3, 4. 35th Order of August 1841.- See -- 39th Order of August 1841. See 1st Order of April 1842.- See PRO to appoint a person resident abroad 66 tiffs, a six clerk was appointed decree decree was made, and the accounts Page 271 583 |