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DISTRIBUTION. DONATIO MORTIS CAUSA.

3. The rule of distribution per capita applied to a bequest to a brother and the children of a deceased brother; though under the Statute they would have taken per stirpes.

See Annuity (Valuation 5. 6.) Representative 9. Will 245.

DISTRIBUTION, STATUTE of.
See Advancement 1. Executor 73. Representative. Will

207. 251. 252. 253.

DIVIDENDS.

See Bankrupt (Assignee 11.) (Proof 15.) Stock.

DOMICIL.

1. Only one for succession to intestate's personal estate;
regulated by the law of that place.

2. Not from mere birth or death. Of origin, from birth
and connections, remains until clearly abandoned,

and another taken.

3. Lord Somerville's case.

4.

Two domicils for some purposes.

5. Distinction upon contemporary domicils, with reference to situation in life.

6. Not acquired until sui juris.

1. The succession to the personal estate of an Intestate is regulated by the law of that place, which was his domicil at the time of his death. For that purpose there can be but one domicil; and the lex loci rei site does not prevail. Somerville v. Lord Somerville.

2. The mere place of birth or death does not constitute the domicil. The domicil of origin, which arises from birth and connections, remains; until clearly abandoned, and another taken. Somerville v. Lord Somerville.

3. In the case of Lord Somerville, of two acknowledged domicils, the family seat in Scotland, and a leasehold house in London, upon the circumstances the former, which was the original domicil, prevailed. Somerville v. Lord Somerville.

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4. A man may have two domicils for some purposes.
5. Distinction upon contemporary domicils: in the case of a
nobleman or gentleman generally the domicil is the
mansion-house in the country: that of a merchant is
at his residence in town.

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6. A new domicil cannot be acquired during pupilage, or until the person is sui juris.

See Assets 9.

DONATIO MORTIS CAUSA.

1. Not appearing to be in the last illness, Issue.
2. Not by absolute gift, to take effect immediately.
3. Its true definition. In nature of a legacy.

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225

Vol. Page

X. 176

V. 750

V. 750

V. 750
V. 786

V. 789

V. 787

4. Not by mere parol: whether by deed or writing. 5. Bill on banker expressly for mourning. 1. Issue directed to try, whether there was donatio mortis causá; as it did not appear to have been in the last illness. Blount v. Burrow.

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2. An absolute gift to take effect immediately cannot be
considered as donatio mortis causâ: therefore such a
gift of a common check on a banker, payable to bearer,
and of a promissory note, held not to be donatio mortis
causá or an appointment or disposition in nature of it;
and not capable of any greater effect in equity than at
law as to the check the bill was dismissed without
judice to any Action: as to the note, it being doubted,
whether an Action would lie against the Executor for
want of consideration, the Court offered to retain the
bill, if an account was necessary. Tate v. Hilbert.
3. The description of donatio mortis causá in the Digest,

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Tit. de mortis causá donationibus Leg. 2, which Swinburne has followed, is not correct: the true definition of it is in Lege 27, and in Just. Inst. Tit. 7, de donationibus; where it appears, it has the nature of a legacy, is liable to debts, and is only a gift on survivorship. 4. Property not transferred by words of gift without an act. Therefore donatio mortis causá cannot be by mere parol: doubtful, whether it may be by deed or writing. 5. Bill upon a banker expressly for mourning is an appointment of the money for a particular purpose in writing, necessarily supposing death; and therefore Probate not

Vol. Page

I. 546

II. 111

II. 119

II. 120

necessary.

DONATIVE.

1. Qualities of a donative.

DORMANT PARTNER.

See Bankrupt (Partner 19.) Partner 47. 53. 54. 55. 56.
58. 59. 62. 63.

DOUBLE LEGACIES, PORTIONS, &c.
Satisfaction

See Legacy 6. 9. 11. 50. 54. Portion 2. 4.

28. 40. 41. Will 133. 189. 190. 191. 192. 193.

DOUBLE SUIT.

See Practice 352.

DOWER.

1. The right not being controverted, concurrent juris

diction.

2. When title to arrears accrued, not decided on writ of

dower.

3. No costs to plaintiff in writ.

4. Equitable bars.

II. 121

III. 1

5. Not barred by uncertain provision on marriage of an

infant.

6. Established under joint bankruptcy on estate purchased
with the joint fund for one partner, made debtor for
the money.

7. Purchaser not protected by Term attendant, unless as-
signed.

8. Where purchaser takes, not under a power, but by
conveyance, as a limitation of the fee.

9. Distinction between Terms at law, and in equity; pro-
tecting in equity the dowress against heir or pur-
chaser.

10. No limitation to arrears without special ground.
11. Implied bar under covenant.

12. Bar by conveyance according to appointment, &c.

1. If right to dower is controverted, it must be made out at law; if not controverted, the Court of Chancery has a concurrent jurisdiction; therefore where to a bill for dower and arrears since the death of the husband the defendant demurred, and by answer admitted the right and stated an offer to assign it, and an offer of the arrears since the claim, the demurrer was over-ruled. Mundy v. Mundy.

2. Question, whether a widow is entitled to arrears of dower
from the death of her husband or only from her claim,
cannot be decided on a Writ of dower.

3. No costs to plaintiff in a Writ of dower.
4. Writs of dower almost out of use: they can only be op-
posed by a legal Bar; and formerly there could be no
other: now equitable bars are in daily practice.

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5. A provision previous to the marriage of a female infant
in bar of dower, thirds, and all claim upon the personal
estate of the husband, if precarious and uncertain, as,
that the personal estate shall go according to the cus-
tom of London, does not bar her. Smith v. Smith.
6. Dower established against assignees under a joint Com-
mission of bankruptcy upon estates purchased with the
partnership fund, but conveyed to one partner under
a specific agreement, that the estates should be his, and
he should be debtor for the money. Smith v. Smith.
7. A purchaser cannot protect himself against a claim of
dower by a term attendant upon the inheritance, unless
he has procured an assignment. Maundrell v. Maun-
drell.
8. Husband having a power of appointment, paramount the
right to dower, in default thereof to himself for life,
remainder to his right heirs, if the power could have
effect, yet a purchaser taking by a conveyance adapted
to pass the interest in the estate, as a limitation of the
fee, was held to take in that way, not by way of appoint-
ment, and therefore subject to dower. Upon a re-hear-

Vol. Page

II. 122

II. 128

II. 128

II. 129

V. 189

V. 189

VII. 567. X. 246

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ing, the Lord Chancellor affirmed the order, upon the point, that a purchaser, to avail himself of an outstanding term against dower, must have procured an assignment, or at least a declaration of trust; or have got possession of the deed, creating the term. Upon the other question, though appearing not to be raised by the case, the Lord Chancellor expressed a clear opinion, that a general power of appointment over the whole estate may subsist in the same person, who has the fee simple. Maundrell v. Maundrell. VI. 567. X. 246 9. At law all Terms are considered as Terms in gross; and therefore without regard to the purpose prevent a dowress from any legal benefit from recovery in dower; for she recovers with stay of execution during the Term. But equity regards the purpose, for which the Term is created and subsists; and if only for the benefit of the owner of the inheritance, it is considered part of the inheritance: not absolutely merged, but so attendant as to accompany it and every right and interest growing out of it by operation of law or agreement. Not to be used therefore against the owner of the whole or any part of the inheritance: every description of ownership having a use in the Term commensurate with the interest in the inheritance. When dower arises therefore, the Term in a proportion is as much attendant upon that interest as during the husband's life upon the inheritance; and protects it against either heir or purchaser. 10. No limitation in equity to arrears of dower any more than at law, without a special ground. Account decreed therefore for the whole period from the death of the husband, twelve years. Oliver v. Richardson.

11. Implied Bar of dower by a provision under a covenant in the marriage settlement.

VII. 577

IX. 222

X. 20

X. 263

12. Conveyance to such uses as A. shall appoint, and for default of appointment, to him in fee, a mode used to prevent dower.

See Annuity 23. Baron and Feme (Adultery 1.) Elec-
tion. Mortgage 17. Navigation Shares 1. Notice 2.
Partition 14. Satisfaction 32. Term.

DOWNING COLLEGE.

See Bankrupt 33.

Notice 3.

See Charity 26.

DRAWER OF BILL.

Bill of Exchange (Discharge 1. 2.)

DRUNKENNESS.

See Contract 103.

DRURY LANE THEATRE.

See Theatre 1.

DUPLICATE.

See Will 284. 287.

DURESS.

1. Compromise with a man in gaol, though at the suit of
another, not to stand.

1. Compromise with a man in gaol, though not at the suit
of the party, with whom it is made, not to stand.
See Baron and Feme (Influence, &c. 1.) Injunction 3.
Settlement 1.

DUTCHY OF LANCASTER.
See Practice 142.

DYING WITHOUT ISSUE.
See Perpetuity 6. 7.

EAST INDIA COMPANY.

1. Have no sovereignty.

2. Construction of By-law.

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1. East India Company have neither an independent nor delegated sovereignty; but are mere subjects.

2. By-law of the East India Company, requiring a discovery by Answer to a bill in equity as to transactions, upon which penalties were imposed, confined to the case of a Bill by the Company. Paxton v. Douglas. See Jurisdiction 2. Pleading 7.

EAST INDIA SHIP, SALE OF COMMAND.

1. Sale of command illegal.

1. The command of an East India ship is a public trust; and the sale of it, contrary to a public regulation of the Company, is a breach of public duty.

Sec Contract (Illegal 8.) Pleading (Demurrer 26.)

EAST INDIES.
See Infant 12. Receiver 21.

ECCLESIASTICAL COURT.

1. Act of party vacates power.

1. Practice in the Ecclesiastical Court, that the party, coming into Court, and doing any act himself, vacates a power given to another to act for him.

See Baron and Feme (Separation 7.) Jurisdiction 3. 4. 15.

I. 390

XVI. 239

V. 181

XII. 346

Marriage 2. Practice 2.

Will 277.

EDUCATION.

Sce Maintenance 6.

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