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"TITY-continued.. .:: ASSETS.
d any other fair and reasonable The personal estate being amply saffi-
mands. A letter from the grantor, cient for the debts, thoagh not equal
itten prior to the grant in the to the discharge of the legacies in
urse of another negotiation be full, and the real estate being de-
een the parties, which did not vised, the Court would not under a
ce place, was admitted in evidence, direction to the executors to pay
t no farther than that he had upon the debts and funeral expences, as

it occasion proposed the insurance soon as conveniently may be, mar-
• his life as a reasonable term. shal the assets in favor of the lega-
. ffman v. Cooke. Page 623 tees. Keeling v. Brown. Page 359
See Bankrupt, 14,

See Will, 25.
: 'ER

ASSIGNEE.

Assignment. Evidence, 2. Prac See Bankrupt. Mortgage, 4.

ice, 5. Tithes, 1, 2.

TASSIGNMENT Op EQUITABLE

AL TO THE HOUSE OF LORDS.

INTEREST.
· pages 71, 161, 266, 508. Prac-

The Court has perhaps gone too far in

permitting assignments of rights in
INTMENT.

accounts to be taken. Such a right

2} Evidence, 3. Implication, 1. cannot be parcelled out; so that

Power. Promotions. Will, 4, 5. every person may file a bill. 589

OPRIATION.-See Will, 6.

See Insolvent Act.

''RATION.

ATTORNEY.

d not to be set aside, because i

See Bankrupt, 12. Mortgage, 4.

** arbitrator made use of the judg. | AUCTION.-See Agreement, 3.,

it of another person. 848 AUTHOR.–See Copyright.

See Agreement, 8.

AWARD.

ARS OF ANNUITY.

See Agreement, 8. Arbitration.

Annuity. 'Purchaser, 6.

"LES.

B.

ticles before marriage to settle BAIL.–See Ne exeat Regno, 5.

gre so expressed, that the husband / DA

and BAILIFF OF THE CITY OF LONDON.

ld have had an estate tail; a

I See Jurisdiction, 6.

lement copying the very words
he articles was reformed. 275 BANK OF ENGLAND.
ticles of marriage to settle estates

The Bank of England are not to look
the husband and wife of equal

beyond the legal title, to the trusts
je in strict settlement, and pro-

of the will; and therefore cannot
ng portions : the wife's estate prevent the executor from selling
g withdrawn by decree on the

out or transferring stock into his
qind of infancy, the younger chil-

own name, The Bank of England

2 were confined, as against the

v. Parsons.

665

"st, to half the portion: the ar- | BANKRUPT.

is providing in the event of no 1. General Order, that in a Country

e male, in which case the estates Commission two Barristers resident

se to separate, that each should near the place be inserted in the list

ra moiety: though they also con of Commissioners; and no Quorum

.plated the case of the wife's re • Commissioner, unless a Barrister.

I to be bound; providing against

578

pien y the forfeiture of her interest. 2. A separate commission of bank-
ugh v. Clough.

710 ruptcy established, though the other

e Construction, 2. Settlement, partner died before the assigoment

1, 2.

Ex parte Smith.

295

AGREEMENT-continued... | ANNUITY--continued. .

yet upon such an agreement, where objections to the memorial for not
some of the parties to be bound containing a clause of redeinption,
were married women, of whom also for not stating the consideration
one had not executed, the Court truly, and other defects. The De-
· refused a specific performance; and fendant admitting he had received

dismissed the bill ; leaving the Plain more than was due to him for prip-
tiff to law. Emery v. Wase.

cipal and interest, the securities

- Page 846 were decreed to be delivered op to
9. Specific performance not of right, l. be cancelled, with costs. Bynes,
but in the discretion of tho Court. Potter.

Page 619
Omerod v. Hardman.

734 7. Annuity void, the memorial not con-
See Deed. Dower, 2. Evidence. taining the clause of redemption, not

Partition. Practice, 29, Pur stating the consideration truly, and
chaser, 3, 4. Will, 40.

being otherwise defective, was set

ANNUITY.

aside by the decree : but the Plain-

1. The Annuity Act with respect to an-

tiff having failed in two applications

nuities subsisting at that time, only

to the Court of King's Bench upon

restrains the action, till its pro-

some of the objections, and having

visions are complied with; not limit in the interval been a party to the

ing the time; and does not, as in

assignment to the Defendant, the ao-

the case of subsequent annuities,

count was confined to the filing of

make the security void. In the

the bill. The Defendant was held
former case therefore the bond being

entitled to the original consideration,
by accident lost, the annuitant was

though exceeding the sum paid on
admitted a creditor for the arrears the assignment. Bromley r. Holland.
of the annuity, the real debt in

610
equity. Toulmin v. Price. 235 8. The refusal of a summary applica-

2. No execution for the penalty of a

tion to set aside an annuity is no ob-

bond securing an annuity; but only

jection to the same ground being

toties quoties for the accruing pay-

taken again upon an attempt to et

ments.

239
force it..

617

3. Arrears of an annuity secured by

0, An annuity being void, the memorial

bond not allowed beyond the pe-

not containing a clause of re-par-

nalty in the administration of assets.

chase, the grantee was not allowed

Mackworth v. Thomas. .. 329

in the account the premiums of in-

4. An annuity secured by a bond and surance of the life of the granter

a term for years being void, the me and costs incurred in supporting the

morial, not taking notice of the term,

annuity. Ex parte Shaw. 620
and the clause of redemption, and

10. Annuity secured by bond and a
stating the payment of the consider-

trust of rents and dividends being
ation in money, though it was paid

void, the memorial omitting a clause
by draft, a general account was de-

of redemption, and the trust, and
creed of the consideration with in stating the consideration untruly a
terest and costs, and of all money

general account was decreed of the
received under the annuity : the ba.

purchase-money from the actual pay-
lance to be paid to the Defendant, if

ment, which was subsequent to the
any; the securities delivered up; and date of the deeds, and of the pre-

a convoyance. Byne v, Vivian. 604 miums paid by the grantee for in-

5. Where an annuity is set aside, and suring the grantor's life, and an e-

an 'action brought for the money,

count of all sums received under the

an account is always taken of all annuity; with interest respectively:

money received under the annuity. on payment of the balance and the

608

costs by the Plaintif the securities

6. Bill to set aside an annuity, secured to be delivered up, &c.: the bill

by a term for y'ars ayd a bond, upon

offering to pay principal and interest
ANNUITY_continued.. ... ASSETS.

and any other fair and reasonable The personal estate being amply saffi-

demands. A letter from the grantor, cient for the debts, thoagh not equal

written prior to the grant in the to the discharge of the legacies in

course of another negotiation be full, and the real estate being de-

tween the parties, which did not vised, the Court would not under a

take place, was admitted in evidence, direction to the executors to pay

but no farther than that he had upon the debts and funeral expences, as

that occasion proposed the insurance soon as conveniently may be, mar-

of his life as a reasonable term. shal the assets in favor of the lega-

Hoffman v. Cooke. . . Page 623 tees. Keeling v. Brown. Page 359

See Bankrupt, 14.

See Will, 25.

ANSWER.

ASSIGNEE.

See Assignment. Evidence, 2. Prac See Bankrupt. Mortgage, 4.

tice, 5. Tithes, 1, 2. .

ASSIGNMENT Op EQUITABLE

APPEAL TO THE HOUSE OF LORDS.

INTEREST.
See pages 71, 164, 266, 508. Praco |

The Court has perhaps gone too far in
tice, 15. i..

permitting assignments of rights in

APPOINTMENT.

accounts to be taken. Such a right

See Evidence, 3. Implicntion, 1.] cannot be parcelled out; so that

Power. Promotions. Will, 4, 5. ! . every person may file a bill. 589

APPROPRIATION.-See Will, 6.

See Insolvent Act.

ARBITRATION.

ATTORNEY.

Award not to be set aside, because i

See Bankrupt, 12. Mortgage, 4.

the arbitrator made nse of the judg- | AUCTION.-See Agreement, 3..

ment of another person. 848 AUTHOR.-See Copyright.

See Agreenient, 8.

AWARD.

ARREARS OF ANNUITY.

See Agreement, 8. Arbitration.

See Annuity. . Purchaser, 6.

B.

ARTICLES.

1. Articles before marriage to settle BAIL.-See Ne exeat Regno, 5.

were so expressed, that the husband | BAILIFF OF THE CITY OF LONDON

would have had an estate tail; a

See Jurisdiction, 6. .

settlement copying the very words

of the articles was reformed. 275 | BANK OF ENGLAND,
2. Articles of marriage to settle estates

The Bank of England are not to look
of the husband and wife of equal

'beyond the legal title, to the trusts
value in strict settlement, and pro-

of the will; and therefore cannot
riding portions : the wife's estate

prevent the executor from selling
being withdrawn by decree on the out or transferring stock into his
ground of infancy, the younger chil-

own name. The Bank of England

dren were confined, as against the

v. Parsons.

665

eldest, to half the portion: the ar- BANKRUPT.

ticles providing in the event of no 1. General Order, that in a Country

issue male, in which case the estates Conimission two Barristers resident

were to separate, that each should near the place be inserted in the list

bear a moiety: though they also con of Commissioners; and no. Quorum

templated the case of the wife's re Commissioner, unless a Barrister.

fusal to be bound; providing against

578

it by the forfeiture of her interest. 2. A separate commission of bank-
Clough v. Clough.

ruptcy established, though the other

See Construction, 2. Settlement, partner died before the assigoment

1, 2.

Ex parte Smith.

295

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BANKRUPT-continued.

BANKRUPT-continued.
3. The Lord Chancellor has no autho effects of the drawer at the time or

rily in bankruptcy to compel a se since. Ex parte Wackerbath(*).
cond mortgagee, not claiming upder

Page 574
the commission, but resting on his

9. Upon a separate commission of
security, to join in a sale obtained bankruptcy the benefit of an in-
by a prior mortgagee under the Ge surance effected by the bankrapt
neral Order, 8th May 1794, not pro upon his own account on a ship, of
ducing enough for both mortgages. which he was joint owner, is not

Ex parte Jackson. Page 357 liable to the joint creditors (+). Es
4. A partnership cannot be established

parte Party.

575
by the evidence of the partners and

10. A commission of bankruptcy on

residence abroad, where the depar-
their private communications. The
fact must be proved aliunde. For

ture from the realm was for a fair
want of such proof a commission

and proper purpose, and not with a
against the osteosible partners was

view of defrauding creditors, tbe
sustained. Ex parte Benfield. 424

trade continued by a partner, and

the petitioning creditor's debt subse-
5. A bill indorsed by the drawer as a

quent, superseded. Ex parte Mutrie.
farther security on discounting an-
other bill for hin: the drawer and

11. A bankrupt cannot file a bill of
acceptor of the bill so indorsed be redemption in respect to his right to
coming bankrupts, the proof against

the surplus : but when he has a clear
the estate of the acceptor, not the interest, and the assignees refuse,
dividend oply, was restrained to the

the Lord Chancellor will upon peti-
original debt(). Ex parte Blox tion and an offer of indemnity compel
ham.

.. 448

them to let him use their names. 590
6. A specialty creditor has the same 12. Order in bankruptcy to tax the so-

right under the bankruptcy of the licitor's bill for striking the docket
Leir of the debtor, as if he bad not and a journey to get an affidavit of
become bankrupt; and may tbere debt; being business relating to the
fore' follow the real assets or their bankruptcy, though previous to it.
speci6c produce in the hands of the Ex parte Smith. . 706
assignees. The subject being small 13. Assignees of a bankrupt removed
relief was giver on petition. Ex on the ground, that one of them had
parte Morton.

. . 449 purchased the bankrupt's estates ua-
7.' Assignces of a bankrupt claiming der the coinmission for himself. A

property in right of his wife must resale was directed; and the pur
make provision for her. Lumb v. chaser to account for a profit gained
Milnes.

517 by him upon a resale of part: but
8. Acceptor for the honor of the he was discharged from the purchase

drawer of a bill originally accepted only conditionally; in case the re-
by the bankrupts, having taken up sale should produce more. Ex parte
the bill, ought, if the bankrupts had Reynolds.
po effects in their hands, to resort 14. Upon a bankruptcy proof of debt
first to the drawer. Therefore though under bonds securing an appuity
his proof was permitted to stand, the was rejected, on the grouod, that a
dividend was restrained for an in bill accepted for the arrear not being
quiry, whether the bankrupts had dishonoured till after the bankruptos,
effects, and if not, whether the per the bonds were not forfeited at the
son, who so took up the bill, had bankruptcy. The bonds being void

707

(*) This point being brought on afterwards (*) Over-ruled, E.r parte Lambert, post, Vol.
·before Lord Eldon, Chancellor, this decision XIII, 179.
was over-ruled. Ex parte Bloxham, 11th August, (+) A similar decision was made by Lord
1801. 27th January, 1802, Post, Vol. VI, 149, | Eldon, Chancellor, ip Ex parte Browu, 15th Junt,
600.

1801.

BANKRUPT-continued.

| BARON AND FEME--continued. in
under the Annuity Act, there being 2. Testator having proved the value of
no enrolment of one, and the consi annuities, secured to the separate
deration of the other not being truly use of his wife, as a debt under the
stated, petition to be admitted a , bankruptcy of the grantors, his assets
creditor for the sums advanced was were charged with the dividends
dismissed on the ground, that the only, upon the foot of that trans-
petitioner having insisted on his se action, not with the annuities, as
cúrities at the date of the commis subsisting. M Lean V. Longlands.
sion, it was not the same debt. Ex

Page 71
parte James.

Page 708 3. A claim by the testator's widow to

15. Money paid by one partner in a dividends, to which he was' entitled

· joint concern, being his liquidated · under a bankruptcy, as a gift by him

share of the joint debts, to another to her separate use, failed; the evi-

partner, as agent for settling the dence not even affording a sufficient

debts, if not applied accordingly, ground for directing an issue. M Lean

may be proved as a debt upon the V. Longlands. .

71

bankruptcy of the latter; and there 4. Demurrer by a married woman to

fore a payment by the other on the a bill of discovery of transactions

same account after the bankruptcy with her as agent to her husband

cannot be recovered from the bank allowed. Le Texier v. The Margrave

rupt; who had obtained his certifi of Anspach.

. 322

caté: but in respect of another pay 1 5. Upon a settlement of the fortape of

ment, also after the bankruptcy, in a ward of the Court, who had mar-

consequence of the failure of the ried a man of no property, the Court

bankrupt and other partners in pay took care to secure a provision for

ing their shares, a right to contri a future marriage. Wells v. Price.

bution arose; and the whole was .

398

recovered in an action against the 6. A legacy to a married woman is not
bankrupt, who had obtained his cer- | . sufficiently reduced into possession
tificate; the Defendant not having by an appropriation by the executrix
pleaded in abatement. Wright v. of a mortgage to the same amount,
Hunter.

792 so as to prevent her survivorship
16. Cross paper, dishonored on each upon her husband's death. Blount

· side; both parties being bankrupt: . v. Bestland.

- 515

· as between the two estates the proof 7. Settlement directed of a legacy to a

was confined to the cash balance married woman claimed by her hus-

without regard to the dishonored band. Blount v. Bestland. 515

bills. Ex parte Earle. 833 8. To prevent the marital right in pro-
See Contingent Interest. Dower, 2.

perty of a married woman a clear
Insolvent Act, Jurisdiction, 4.

intention, that it shall be to her
Lien, 1. Prerogative. Pur-

separate use, must appear: a mere
chaser, 2.

trust to pay the interest to her for

life was held not sufficient: the ca-

BARON AND FEME.

pital being bequeathed according to

1. Upon a marriage with a ward of the her appointment, whether covert or

Court ander gross circumstances a sole, and in default of appointment,

proposal for a settlement of the wife's to ber representatives, including her

fortune, giving the husband in the busband, was admiited to be to her

event of his surviving her a life in separate nse. Lumb v. Milnes. 517

terest, was rejected; and the Court 9. Bequest in trust to pay the annual
refused even to pay out of the accu produce into the proper hands of a

mulation bis debts, chiefly contracted married woman, is a bequest to her

in the maintenance of his wife and separate use.

545

children. Chassaing v. Parsonage. 10. The Court refused to enforce a

socurity upon rents and profits, seto

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