FURTHER DIRECTIONS. TENANT FOR Life, 3.
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.
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
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.
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
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.
See ADVANCEMENT. CHOSE IN ACTION. CONDITION, 1, 2. CUMULATIVE Legacy. ESTATE FOR Life.
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.
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