TRESPASS 1. Execution against goods of wrong person-Identity
of name-Father and son-Direction of writ-Liability of sheriff and
execution creditor. Jarmain v. Hooper.

861

2. Justification-Custom. See Easements and Profits.
TRUST AND TRUSTEE—1. Breach of trust-Agent-Participation
in breach of trust-Retaining trust funds for own benefit-Liability.
Att.-Gen. v. Corporation of Leicester

2.

49

Costs-Decree complied with-Costs of subsequent pro-

ceedings for distributing fund. Hewett v. Foster

3.

98

Investment on mortgage-Insufficient security-Option
to invest on mortgage or Government security-Exercise of discretion
-Trustee liable for sum lost not for stock which might have been
purchased. Ames v. Parkinson
100

4. Costs of trustee-Deed of disclaimer-Case submitted to
counsel-Person named trustee without his sanction. In re Tryon 132
5.
Administration suit Appointment of new trustees
-Exercise of discretion by trustees independently of Court-Liability
for unnecessary expenses. Cafe v. Bent

280

6. Payment to infant cestui que trust False representation
as to age-Fraud-Release-Lapse of time. Overton v. Banister

386

7. Will-Devise of trust estates-Trusts to be performed by
trustees, their heirs or assigns or the personal representatives of the
survivor-No power to appoint new trustees-Devise by surviving
trustee. Titley v. Wolstenholme
106

8. Admission by cestui que trust-Evidence against trustee.
See Evidence, 8.

UNDUE INFLUENCE. See Fraud and Misrepresentation, 4.

VENDOR AND PURCHASER-1. Lien Reversionary interest
Common mistake-Specific performance impossible. Colyer v. Clay 58

2. Purchase-money-Payment into Court-Interest-Money not
invested-Suit against vendor-Mistake-Conveyance not comprising
whole of property purchased – Injunction · Specific performance.
Humphries v. Horne.

3.

293

Sale by agent-Purchaser a creditor of agent-Set-off of
debt due from agent Private arrangement between agent and
purchaser. Young v. White

4. Title-Leaseholds-Covenant, breach of-Waiver-Forfeiture
-Compensation-Specific performance. Nouaille v. Flight

. 139

5. Wharf-Jetty attached-Structure liable to removal by
Navigation Commissioners-Jetty essential to beneficial occupation of
premises sold-Specific performance. Peers v. Lumbert

WARRANT OF ATTORNEY-1. Form of attestation-No state-
ment that witness signed as attorney for person executing warrant.
Everard v. Poppleton .
. 461

2. Application to set aside-Illegal consideration-Warrant to
secure debt-Agreement to abstain from prosecution for felony. Ward
v. Lloyd
847

WILL-1. Accumulation-Fund for payment of annuities-Direction
to accumulate dividends on death of annuitants-Period of 21 years
runs from death of testator Accumulations belong to residuary
legatees. Att.-Gen. v. Poulden

WILL-2. Condition-Gift over-Conversion-Charitable trust-In-
come of real estate-Statute of Mortmain-Divesting of vested interest-
Void condition. Ridgway v. Woodhouse.

3.

. . 111

Restraint on alienation-Gift over on bankruptcy-
Trust for maintenance of bankrupt and his family-Property passing
to trustee in bankruptcy. Kearsley v. Woodcock

-

5.

-

255

4. Devise - Codicil Substitutionary gift After acquired
property-"Instead of "-Revocation. Doe d. Murch v. Marchant. 853
Cy-près-Cross remainders by implication-Inequality
of devisees-Children of after-born child-Tenancy in common-Estate
tail. Vanderplank v. King
. 186
6.
Estate Gift for life-Limitation over on death without
issue-"Issue of her body" construed "children"-Estate for life.
Goymour v. Pigge

7.
8.

124

307

Dower-Election-Trust for sale. Ellis v. Lewis
Remainder, contingent or vested-Recovery-After-
born children. Doe d. Bills v. Hopkinson

477

9. Gift of residue for division among creditors who had received
composition-Rateable distribution in proportion to debts-Shares of
deceased creditors-Lapse-Debts due to firm-Surviving partners-
Right of residuary legatees to unclaimed shares. Philips v. Philips 296

10. Gift to class-Period of ascertaining class-Prior gift-
Death of objects in testator's lifetime-Share of child of member of
class dying in testator's lifetime-Lapse-Accounts. Gaskell v. Holmes
371

11.

Gift to A. for life and at her death to her brother and
sister and the testator's brothers and sisters equally-Unascertained
class-Shares of legatees dying in testator's lifetime-Lapse-Partial
intestacy. Havergal v. Harrison

-

12. Legacy Advance of lesser amount - Ademption
evidence-Transaction independent of will.

13

Parol

Gift of "goods and chattels" at particular place-
Choses in action-Foreign bonds. Marquis of Hertford v. Lord Lowther 1
15. Legacy, specific or general; cumulative or substitutional
-Foreign bonds-General legacy made specific by codicil-Ademption
of specific legacy-General legacy not set up by ademption. Marquis
of Hertford v. Lord Lowther

16. Mistake-Devise of estates to different devisees-Recital
that A. estate devised subject to charge-Charge in fact on B. estate
only-Intention-Rateable contribution in relief by devisees of A.
estate. Westcott v. Culliford

17. Portion
children
Younger
Marriage settlement
Additional portions given by will-Primary charge on estates devised
to eldest son. Burrell v. Earl of Egremont

63

18. Property passing by will-Property of which testator is "at
the time of his death competent to dispose "-Devise by father to son
-Death of son before father, leaving issue-Issue surviving testator-
Property passing under will of deceased object of gift. Johnson v.

19. Remoteness-Legacy charged on real estate upon failure of
estate tail No available personal estate-Delay in seeking relief-
Absence of legal personal representative. Faulkner v. Daniel .
265

WILL-20. Satisfaction-Rent-charge secured by marriage settlement
-Annuity of larger amount given to wife by will. Wood v. Wood. 54
21. Shifting clause Entailed estate - Possession refers to
possession under settlement Devisee coming into possession under
will of tenant in tail who had barred entail. Taylor v. Earl of Harewood

-

332

22. Substitution Gift to A. or his children-Vesting-Post-
ponement of payment-"In case of death." Salisbury v. Petty

206

23. Uncertainty-Codicil-Additional gift to corporation "for
the same purpose as I have before named "-Reference to former codicil
-No other codicil found-Unknown purpose-Presumption. Mayor of
Gloucester v. Wood
233

24. Vested interest-Gift to class-Direction to "divide and
pay" upon death of tenant for life-Survivorship. Beck v. Burn

130

WORDS "Divide and pay." See Will, 24.

"Goods and chattels." See Will, 14.

"In case of death." See Will, 22.

"Instead of." See Will, 4.

"Issue of her body." See Will, 6.

WRIT OF ERROR-Judgment in C. P.—Writ quashed in Ex. Ch.—
Issues of fact undisposed of—Judgment incomplete-Writ prematurely
brought. Tolson v. Kaye

807

END OF VOL. LXIV.

BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE.