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COSTS, 4. S.

FURTHER DIRECTIONS.
TENANT FOR Life, 3.

UNCLE.

See PARENT And Child, 1, 2.

VENDOR AND PURCHASER.
1. Consideration of the effect, in
equity, of misrepresentation made
by parties upon entering into con-
tracts. Clapham v. Shillito.

506

Page 146
2. A purchaser being a creditor of
the agent of the vendor of an
estate, is not entitled, by agree-
ment with the agent alone, to
place the debt due to the agent
to the debit of the principal, on
account of the purchase-money.
Young v. White.
3. A. employed B. to sell his estate,
and receive the purchase-money.
B. sold it to C. An account was
afterwards settled between B. and
C., whereby, after giving credit
for monies paid on account of the
purchase, and a private debt of
5501. due from B. to C., a small
balance appeared due on account
of the purchase-money, which C.
then paid to B. A. afterwards, in
ignorance of the arrangements be-
tween B. and C., executed the
conveyance, and signed a receipt
for the whole purchase-money

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2. Polish bonds and Neapolitan bor-|
dereaux held not to pass by a be-
quest of "goods and chattels,
money at the banker's, &c. at M."
The Marquis of Hertford v. Lord
Lowther.
Page 1
3.. Bequest to A. for life, and at her
death for her brother and sister
and the testator's brothers and
sister equally. At the date of the
will A. had one brother and sister,
and the testator had three bro-
thers and one sister. Held, that
this was not a gift to an unascer-
tained class, but to the brothers
and sisters living at the date of
the will. Havergal v. Harrison.

49

4. A testatrix, having the moiety of
an estate, directed her executors
to purchase the other moiety; and
"if the purchase should be com-
pleted within twelve months after
her death," she gave the entirety
on certain trusts; "but in case
her executors should not be able,”
within that time, "to purchase
it," she directed her moiety to be
sold, and the produce, together
with 1100., to be held on other
trusts. The will contained a gift
of the residue of her estate of
whatever kind, &c. The purchase
"was not completed" within the
time, although the executors
"were able," so that neither of
the expressed events happened.
Held, first, that the trusts both of
the estate and 11007. failed; and,
secondly, that as between the de-
visees and heir-at-law, the latter
was entitled to the testatrix's

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6.

v. Ricketts.

Man

93

By deed, 10,000l. was settled on
A. B. for life, with power to ap-
point to her children or their issue,
and in default in trust for her
children; power was also given to
A. B. to appoint a life interest to
her husband. Afterwards, by
will, the settlor gave a similar sum
"to be laid out for the sole benefit
of C. D., in the same manner, as
nearly as might be, as the 10,000l."
secured for A. B. by the deed.
Held, that C. D. was entitled to
powers of appointment in favour
of her children, their issue, and
her husband; but that the children
took nothing, except through the
power. Countess Berchtoldt v.
Marquis of Hertford.
172
7. Devise to trustees in fee, upon
trust to demise until the testator's
youngest child attained twenty-
one, and during the minority of
such youngest child, to pay the
rents to the testator's wife, for the
maintenance of herself and chil-
dren, and when and so soon as the
youngest surviving child should
attain twenty-one, to sell and
divide the produce "between and
amongst the testator's wife and
all his children who should be
then

then living in equal shares." And
in case of the death of any child
before the estates became sale.
able, his children were to take his
share. The children all died
under twenty-one without issue.
Held, that the wife was entitled to
the whole estate. Castle v. Eate.
Page 296

8. A testatrix, being liable to pay
an annuity to A. for life, pur-
chased an annuity during B.'s
life, and effected a policy on B.'s
life for 2000. By her will she
recited, that on the death of B.
2000l. would be recovered to her
estate. In the event of B. dying
in the life of A., the executors
were to provide A.'s annuity out
of her estate. In the event of
A's death before B., she gave
the purchased annuity to C., he
paying the premiums; and on the

death of B. she gave to C. the
2000/. B. died in the life of A.
Held, that C. was not entitled to
the 2000l. Leckie v. Hogben.

Page 502

See ADVANCEMENT.
CHOSE IN ACTION.
CONDITION, 1, 2.
CUMULATIVE Legacy.
ESTATE FOR Life.

HEIR, 1.

ISSUE DEVISAVIT VEL NON.
PRIMARY CHarge.
PROBATE.

SPECIFIC LEGACY.
TENANT FOR LIFE, 4.

WITNESS.

See COSTS, 1.
DEFENDANT.
EVIDENCE, 3, 4.

END OF THE SEVENTH VOLUme.

LONDON:

Printed by A. SPOTTISWOODE,
New-Street-Square.

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