continued.

death of any person to be named in any future lease, and afterwards joined in a sale, though the power is exceeded, yet if a life drops in the life of the lessor, the purchaser having notice must specifically perform by granting a new lease with the same provision. General notice to a purchaser, that there are leases, is notice of all their contents. Taylor v. Stibbert. Page 437 4. Purchaser being told, part of the estate was in possession of a tenant, was bound by the lease.

440 5. This Court will not take the least step against a purchaser for valuable consideration without notice; not even to perpetuate testimony against him.

458 Practice, 14,

See Practice, 3, 9. RECOMMENDATION BY WILL.See Will, 11, 40.

RECORD.-See Presumption.
RECTOR.-See Pleading, 8.
REDEMPTION.-See Mortgage, 1.
REMAINDER VESTED OR CON-
TINGENT.-See Power, 10.
REMOTE LIMITATION.-See Per-
petuity. Power, 6.
RENT.-See Will, 4.
REPRESENTATIVES.

1. There is no equity between the
real and the personal representatives
after the death of a lunatic to have
property, which was altered by the
Court, restored; therefore the pro-
duce of timber on the estate of a
lunatic cut and sold by order on
report, that it would be for his
benefit, is personal assets. Oxen-
den v. Lord Compton.

69

2. Real and personal representatives being equally volunteers must take what they find at the death of the person entitled for life, in the condition in which they find it: there is no equity upon the subject. Page 70 3. If a bailiff cuts timber without authority, and before it is sold the party dies, it is personal assets, and the heir has no action against the personal representative; nor is there any equity between them on the subject.

74

4. As between real and personal representatives their rights are purely legal. Chance decides between them; and neither has any equity to convert the property. The intent of the testator is a consideration for devisees. 176 5. A representative must take his interest as fortune has directed it, and has no equity to vary it; therefore where a lunatic dies entitled to an estate and also to a charge upon it, the heir takes it discharged: a trust term to secure the charge makes no difference; for it remains inert, unless required to be executed for proper purposes: the trustees have no discretion. Lord Compton v. Oxenden.

271

261 6. Testatrix directed her real estate to be sold and all her estate to be converted into money for the purposes of her will; the will was satisfied without touching the real; no equity for the next of kin against the heir. Chitty v. Parker. 7. Testator gave real estates to be sold, and the produce to be considered as part of his personal estate; and thereout and out of his personal estate gave legacies to his next of kin, heir, and others; he gave other estates to be sold, and the produce to be considered from thenceforth as other part of his said personal estate, and to be disposed of in manner following: he then gave legacies, and some estates specifically, and other legacies out of his said trust monies and personal estate; and gave his executor 1000l. to be disposed of ac

REPRESENTATIVES-continued.

cording to any instructions he might leave in writing, and gave all the residue of his goods and chattels, personal estate and effects, whatsoever, subject to debts, legacies, &c. No instructions being found, the heir is entitled to the 1000l. Collins v. Wakeman. Page 683 See Charity, 1. Lunatic, 4. Will, 1, 23. REPUBLICATION.-See Will, 40.

RESIDUE.

1. Executor is entitled to an unbe-
queathed residue, unless there is a
strong and violent presumption
against him: a legacy to him affords
such presumption; but parol evi-
dence of the intention is admissible
to rebut that, and is not to be con-
fined to the time of making the
will: but it must be to shew the in-
tention at that time only. Clennell
v. Lewthwaite.
465, 644
2. Residue unbequeathed decreed to
the executor, who was a legatee,
upon the intention appearing in the
will and by parol evidence. Clennell
v. Lewthwaite.
465, 644

See Trust, 4, 5.
RESIDUARY BEQUEST AND LE-
GATEE.-See Exoneration, 2. Re-
presentative, 7.
RESULTING TRUST.-See Charity,1.
Trust, 4.

REVIVOR.-See Costs, 3, 4. REVOCATION.-See Will, 14, 15, 16, 18, 19, 20, 21, 33, 34, 35, 36, 37, 38, 39, 40, 46.

ROMAN CATHOLICS,-See Mortmain, 2.

SATISFACTION-continued.

will he gave her for life an estate and house, above the value of 100%. a year, with the household goods, &c. and an annuity of 100l. commencing and payable at different times from those in the articles: Held not a performance, nor intended as a satisfaction; no such intent being expressed. Richardson v. Elphin stone. Page 463 3. Covenant to leave a sum of money; which is not done; but personal estate is permitted to descend so that an equal or greater sum would go according to the covenant; that is a performance.

See Power, 10.

SEPARATE

464

Inter

MAINTENANCESee Baron and Feme, 6. SOLICITOR. -See Attorney. pleader, 5. Receiver. SPECIAL OCCUPANT.-See Will, 28.

SPRINGING USE.-See Use, 2. STALE DEMAND.-See Laches, 8. STATE, Foreign and Independent.See Jurisdiction, 1.

SURETY.-See Bankrupt, 15. Principal.

SURRENDER.-See Will, 10. SURVIVOR.-See Will, 7, 29, 41, 48.

TACKING nued.)

SECURITIES ditors; but may against the heir merely to prevent circuity of action. Page 376 4. Two mortgages to the same person absolute at law: mortgagee may insist, that both or neither shall be redeemed by the mortgagor or his assignee. 376 TENANT. See Interpleader, 5, 8. Landlord. Lease.

TENANT IN COMMON.-See Partition, 1. Will, 7.

TENANT FOR LIFE.-See Will, 45.
TITHES.

Bill to establish the rector's right
to tithes and for an account; the
defence, though informally stated
as a prescription de non decimando,
in a que estate, was as to two-thirds
possession by the lord of the manor
under an apparent title by various
conveyances, &c. stated by the an-
swer, from 37 Hen. VIII. of the
lands with tithes generally, or two-
thirds specifically, with evidence of
reputation and notice to the Plain-
tiff, who had purchased the advow-
son, and was lessee of the tithes;
but the commencement of the title
did not appear: the bill was dis-
missed with costs. Strutt v. Baker.

625 See Jurisdiction, 8. Pleading, 8. TREATY.-See Jurisdiction, 1. TRUST AND TRUSTEE.

1. Trustee charged with interest for
wilful misconduct, as not paying
money into Court pursuant to an
order; but slight difference in the
sums admitted and reported in his
hands is not sufficient; and farther
inquiry, whether he made interest,
not to be directed, unless a strong
case. Sammes v. Rickman.
2. Trustee not deprived of costs for
slight misconduct, in respect of
which he is charged with interest.
Sammes v. Rickman.

36

36

3. A corporation being trustee is in this Court the same as an individual.

46

posing of it, but with blanks for names, &c. not filled up, and unexecuted, found with the will; and contradictory evidence of intent: executor having a specific legacy is a trustee for the next of kin. Hornsby v. Finch. Page 78 5. A legacy will not take away executor's right to the residue, unless inconsistent with the supposition, that he is to take the whole.

80 6. Testator directed a new trustee to be appointed, if either should die or become incapable of acting: one absconded charged with forgery, but was not outlawed: referred to the Master to appoint a new trustee. Millard v. Eyre.

94 7. Where testator desires, all his money may be disposed of as land, or vice versa; that is a direct trust, and will be executed in equity.

176 8. The rule, that money to be laid out in land shall be considered as land, holds only, where the quality of land is imperatively fixed on the money.

U.

1. Feoffment by deed to a relation and his heirs, but no livery of seisin: it shall be construed a covenant to stand seised. 226 2. There may be any number of springing uses within 21 years after lives in being.

241

ས.

VESTED REMAINDER.

See Power, 10. VESTING, time of.-See Will, 7, 29, 41, 48, 49.

VICAR.-See Pleading, 8.
VISITOR.

Petition to the Lord Chancellor as visi-
tor of Trinity Hall, Cambridge, there
being no heir of the founder, to de-
clare the election of a fellow void,
and to order the petitioner to be ad-
mitted the Court of King's Bench
having in a similar case declined ju-
risdiction, the Lord Chancellor heard
the petition, and upon the construc-
tion of the statute dismissed it.
parte Wrangham.

W.

WASTE.-See Charity, 2.

Ex Page 609

WIDOW.-See Election, 8. Interest, 2.
WIFE.-See Baron and Feme.
WILL.

1. Testator directed money to be laid out in manors, lands, tenements, tithes and hereditaments, or very long terms, with limitations applicable to real estate: the money not having been laid out, the Crown, on failure of heirs has no equity against next of kin to have it laid out in real estate, in order to claim by escheat: the devisees on becoming absolutely entitled have the option given by the will; and a deed of appointment by one, a féme covert, was held sufficient indication of her intention, that it should continue personal property, against her heir, claiming it as ineffectually disposed of for want of her examination. Walker v. Denne. 170 2. Devise of freehold, and copyhold, surrendered to the use of the will, to trustees and the survivor and his heirs, in trust to pay debts and legacies, an annuity to the testator's son, and for other purposes; then on the marriage or attaining 21 of his granddaughter to convey to her for life; remainder to trustees, &c. remainder to her first and other sons in tail male; remainder to her daughters

WILL-continued.

in tail general; remainder to such persons, for such estates, and subject to such charges and conditions, as he should by any deed or instrument with two or more witnesses appoint. The next day by deed poll with two witnesses reciting his will, and that he had reserved a power of disposing of his estate farther, he directed his trustees immediately after the death of his grand-daughter and failure of her issue to convey all his real estate to the first and other sons of his son in tail male, then to his daughters in tail general, then to the right heirs of the survivor of his trustees, his heirs and assigns for ever. No conveyance was made. The grand-daughter died without issne: then the son died without issue, leaving one trustee surviving. Under the will alone the trus tees have a mere legal estate; and all the equitable interest beyond the express dispositions would result to the son, as heir: but the deed was considered as a codicil sufficiently executed to pass copyhold, but not freehold. The last limitation is a contingent remainder to the heir of the surviving trustee; and a conveyance was directed with an insertion of trustees to support that remainder as to the copyhold; the rents and profits of the copyhold during the life of the trustee, and all the freehold to go to the heir of the testator. Habergham v. Vincent. Page 204 3. Where a testator refers expressly to a paper already written, and describes it sufficiently, as it is if incorporated in the will.

228

4. Instrument, in any form, whether a deed-poll or indenture, if the obvious purpose is not to take place till after the death of the person making it, shall operate as a will.

231

WILL-continued.

7. The decisions, that land charged with legacies by a will duly executed is liable to legacies given by an unattested codicil, do not go upon a power reserved to the testator to increase the charge by a future act, which cannot be, but upon analogy to the case of debts. The rule has not been extended to the case of a primary charge on land, but only to a charge in aid of personal; from the fluctuating nature of which it is necessarily uncertain. Page 236 8. Testatrix gave stock to trustees on trust to pay the dividends to her niece for life, and after her decease that the stock should be equally divided among the brother and four sisters of the testatrix, and in like manner to the survivors or survivor of them. The niece was residuary legatee. This is a tenancy in common between those alive at the death of the niece and the representatives of such as died in her life. Roebuck v. Dean. 265 9. Devise of land to be sold: money produced by the sale charged with simple-contract debts on implied intention. Kidney v. Coussmaker. 267 10. This clause beginning a will "First, "I will and direct, that all my legal "debts, legacies and funeral expences, shall be fully paid " is not sufficient alone to charge legacies on real estates specifically devised; for which the intent must be clear. Kightley v. Kightley. 328 11. Where testator means for a valu

able or meritorious consideration to create a charge, which by law he cannot, Equity will aid the intention, and even supply a defect, as the want of a surrender: but the intent must be clear.

332

12. Trust raised under a recommendation by will to a legatee to dispose of her legacy among certain persons after her death. Malim v. Keighley. 333, 529 13. Testator by shewing his desire creates a trust, unless plain words or necessary implication, that there is to be a discretion to defeat it. 335 14. Testatrix, mortgagee of an estate,

of which her brother was tenant for

WILL-continned.

life, and having his bond for some arrears of interest, bequeathed to him the arrears of her mortgage on his estate; likewise a bond from him in her possession: half of the mortgage money was paid before the will; the principal mortgage-money does not pass. Hamilton v. Lloyd. Page 416

15. The rules as to revocations of wills are the same in law and equity. Brydges v. The Duchess of Chandos.

417 16. Articles to settle estates of the husband, subject to certain uses and trusts, on the first and other sons in tail male; remainder to the husband in fee: the husband confirming the articles devised the same estates in case he should die without issue male, or on failure of issue male in the life of his wife; and by a subsequent settlement in performance of the articles conveyed to trustees and their heirs (after certain uses and trusts) to the use of the first and other sons in tail male; remainder to himself in fee; the whole fee being conveyed, and some of the purposes being inconsistent with the will and the articles, the will is revoked as to the settled estates. Brydges v. The Duchess of Chandos.

ib. 17. If lands devised are conveyed for a partial purpose, as a mortgage or payment of debts, it is a revocation pro tanto only. Brydges v. The Duchess of Chandos.

ib. 18. The rule that after-purchased lands do not pass by a devise, does not arise from the word "having" in the statute of wills, but from the difference between the Roman testament or wills of personal estate, and a devise by the law of England; which is an appointment of the person to take the specific estate in nature of a conveyance, though fluctuating till death. 427 19. Partition is no revocation of a devise otherwise if the object extends farther, even merely to a power of appointment.

429

20. Legal estate taken after a devise of the equitable estate: that is no revocation. 429