DEMURRER. 1. A bill praying discovery, and con- 30 2. Where it appears on the face of the -- 175 428 DISTRIBUTIVE SHARE. DOUBLE PORTIONS. See PORTIONS. DOWER. See WIDOW. ECCLESIASTICAL COURT. ECCLESIASTICAL BENEFICE. ELECTION. See CROSS-BILL. EQUITABLE WASTE. See WASTE. 67 ESCROW. A. having received monies belonging to B., privately and without any communication with B., prepared and executed a mortgage to him for the amount. A. retained the deed in his custody for 12 years, and then died insolvent. After his death, the deed was discovered in a chest containing his title deeds. Held that the deed was not an escrow, there being no evidence to show that it was executed conditionally, but that it took effect from its execution, and was good against A.'s creditors. [Exton v. Scott] ESTATE TAIL. See TENANT IN TAIL. EVIDENCE. 31 1. An uncle made a provision by his will, for his niece, and, afterwards by a settlement on her marriage. of interrogatories under a decree, and the Court is of opinion that one only of the interrogatories ought not to have been approved of, the exception will be allowed. [Moore v. Langford and Wife] - · 323 3. The Master being about to report the defendant's third answer insufficient, he put in a fourth answer, and then moved to stay the report. Motion refused, the Court having no right to deprive the plaintiff of the benefit of the tenth order. [Russell v. Dight] 4. Where a Master reports as to matter not referred to him, his report ought not be excepted to, but it ought to be referred back to him to be reviewed, and even if that is not done, the unwarranted finding will be disregarded. [Jenkins v. Briant] EXCHANGE. 430 603 The question being whether the lat- See POWER OF SALE AND EXCHANGE. 3. If a person interested under a will, files a bill for an account, against the executors, not seeking to charge them for wilful default, and dies pending the suit, his personal representative cannot charge them by bill of revivor and supplement, if the acts complained of were known to the deceased plaintiff. [Ibid.] 4. An executor will be allowed payments made by him to simple contract creditors of his testator, a bond being in existence but not payable, but he will not be allowed payments to legatees, notwithstanding he had no notice of the bond. v. Baldry] See CREDITOR'S SUIT. - PRACTICE, 21.-VENDOR AND PURCHASER, 3. EXONERATION. 621 2. A trust for the separate use of a woman, whether single or married, is valid. [Davis v. Thornycroft] 420 See SEPARATE USE. FORECLOSURE. See COSTS, 4. FORFEITURE. See ALIENATION. FRAUD. [Norman 1. A deed in the custody of a pur chaser for valuable consideration, which the bill impeached for fraud, ordered, under special circumstances, to be produced. [Kennedy v. Green] 6 A wife who had been deserted by her husband, became entitled to a share of an intestate's property, amounting to 3,609 1. The husband, whilst he was ignorant of the amount of the share, assigned it in trust for his wife and children, subject to the payment of 10 s. a week to himself for his life. Although the deed recited that the intestate's estate was very considerable, yet as the administrators, who were the wife's brothers and parties to the transaction, did not disclose to the husband the amount of the share, the deed was set aside. [Groves v. Perkins] 576 See ACCOUNT, 1.—PUBLIC POLICY. GUARDIAN. Guardian appointed to an infant entitled to freehold property worth IMPEACHMENT OF DECREE. See PLEA AND PLEADING, 5. IMPERTINENCE. See NEW ORDERS, 7. IMPLIED GIFT. 801. a year, without a reference. See CONSTRUCTION, 18.-CROSS RE Testator bequeathed 7007. to his daughter's husband, his executors, &c. in trust to pay the interest to his daughter, for her separate use for life, and, after her death, to such persons as she should appoint by will, and, in default of appointment, to her personal representatives. The daughter died without having made any appointment. Held that her next of kin, to the exclusion of her husband, were entitled to the 7001. [Robinson v. Smith] - 47 See CONSTRUCTION, 7, 20.-DECREE, 2.- Deed, 4.-FEME COVERT.WIDOW. MAINDERS. INADEQUACY OF CONSIDERA TION. See FRAUD, 2. INFANT. 1. Guardian appointed to an infant entitled to freehold property worth 80l. a year, without a reference. [Ex parte Jackson] 212 2. Where an infant has an allowance made to him, by his guardians, for his support, a tradesman is not entitled to be paid for articles supplied to the infant, on credit, unless he can make out that, having regard to the infant's circumstances and station (which he is bound to inquire into), the articles were necessaries. [Mortara v. Hall] 3. 465 Evidence cannot be read, even on behalf of an infant, as to a fact not stated in the bill unless it is put in issue by his answer. [Powysv. Mansfield] See COSTS, 1.-Demurrer of PaROL. 565 2. Injunction granted to restrain the 3. Where a party agrees not to do a 474 Testator gave a legacy to his daugh- INTERPLEADER. See AGREEMENT.-BANKRUPT.-Co- |