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 ;2) PRACTICE THEREIN, 
 
 ^mmi
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
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 X^ 
 
 
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 N.B. — Vide (1) pages ilL-x., and (2) the "Table of Contents" (on 
 pages ,vv.-r.vi.') in order to obtain a correct idea of the exact plan of 
 this work. 
 
 A DIGEST 
 
 (ALPHABETICALLY ARRANGED), 
 
 OF THE 
 
 («) LAW OR PRINCIPLES AND [b) PRACTICE 
 
 (FULLY DETAILED), 
 
 OF AND IN 
 
 (1) ADMINISTRATIONS, (2) EXECUTORSHIPS, 
 
 AND 
 
 (3) TRUSTEESHIPS 
 
 RESPECTIVELY; 
 
 EMBODYING THEEEIN {INTER ALIA) THE FOLLOWING SPECIAL 
 
 SUBJECTS (NOT CONTAINED IN ANY OTHEE KINDEED 
 
 WORK), VIZ. :— 
 
 (a) Frauds (a Scheme fob the Prevention of) by (1) administrators, (2) execu- 
 
 tors, and (3) trustees respectively, wherein the (a) advantaofes, and {b) objects of 
 the " Special Eepobts " hereinafter mentioned in par. 24 are fully set forth, 
 and (c) an explanation is given of the novel system under which, for the protec- 
 tion of all parties concerned, its adoption is recommended. 
 
 (b) Ebports (Solicitor's Special) to (1) next-of-kin, (2) residuary legatees, and (3) 
 
 cestiiis que trust respectively, on behalf of, and as to (a) an admor's, {b) exor's, 
 or (c) tree's management, realization, and distribution (final or intermediate, as 
 the case may be), of an intestate's or testator's estate. 
 
 (c) Subjects (numerous other (1) Ordinary, and (2) Special) hereinafter 
 
 Alphabetically Classified in the said Table of Contents. 
 
 FRED. VYOOD, 
 
 OF THE middle TEMPLE, BARRISTER-AT-LAW 
 (LATE solicitor). 
 
 London : 
 
 HORACE COX, 
 
 LAW TIMES" OFFICE, WINDSOE HOUSE, BEEAM'S BUILDINGS, E.G. 
 
 1894.
 
 T 
 
 LONDON : 
 
 i'rinted by horace cox, windsor house, 
 bream's buildings, E.C.
 
 PLAN OR "BIRD'S-EYE VIEW" OF 
 THE WORK. 
 
 " Plan " {cin alphabetically classified) or " hinVs-eye view " of the loork, 
 
 embodying therein a "Summary" of the " Contents-Table " 
 
 contained on pages xv. to xxi. inclusive. 
 N.B. — Special attention is called to the "instructions^^ contained in the 
 4: following paragraphs, viz.: — 
 
 1. Arrangement {as to the (a) classified, and (b) unique) of the work: 
 — vide " Preface, <6c.," par. 3. 
 
 2. " Brackets " (as to the matter tvithin) : — the adoption of this 
 somewhat novel, and, it is trusted, unobjectionable plan, has been 
 unavoidable, in consequence of the absolute necessity for secur- 
 ing, as far as practicable, a strictly alphabetical arrangement of 
 the various subjects herein classified. Under these circumstances, 
 the matter within brackets must be read 1st, e.g. : — 
 
 (rt) " Stranger " (cases wherein admon is grantable to a), 4'C. 
 will read thus : — 
 
 (b) " Cases " wherein admon is grantable to a stranger. It 
 has been deemed prudent to offer this explanation, in order 
 to avoid any possible misconception as to the correct reading 
 of the said matter. 
 
 3. Index (the usual) to the contents hereof: — (1) explanation as to, 
 and (2) justifying reasons for its absence : — Having regard to (a) 
 the "alphabetically classified headings " before referred to, and (&) 
 the " ToMe of Contents," the necessity for the usual Index has 
 been avoided, inasmuch as the two combined form a complete, 
 efficient, and reliable guide to such contents. 
 
 4. References {the marginal) in the " Contents-Table" specify the (1) 
 pages, (2) paragraphs, and (3) siib-pars. respectively of the text, 
 and indicate, as directly as possible, the exact position of the 
 
 _ subject-matter required by the practitioner. 
 
 a 2 
 
 -1 r\ I o r n
 
 iv PLAN OR "BTRB's-EYE VIEW " OF THE WORK. 
 
 Cnutenis {TahJe of) thereof. 
 
 A. (1) Administration to (2) Winding-up, &c. {pars. 1 to 28 incl.) -. 
 
 .•omprisino: all the (a) general, and (h) special subjects respectively 
 
 contained InTcin. 
 C. "Contents-Tables" (alphabetically classified), of the several 
 
 " .•^periar' subjects herein contained -.—vide F. (" Forms "), pars. 1 
 
 /., 11 ///(■/. 
 CI. Contents ("Procedure" section), &c. 
 F. "Forms" (mis ^elUineous (a) general, and (i) s])ecial), or prece- 
 
 drllts, .*.L-. 
 
 P. " Procedure," &C., connected with, and incidental to the (a) general, 
 
 and (b) special subjects herein contained. 
 S. "Statutes" (Schedules of all the principal) referred to herein. 
 SI. "Statutes" (Schedules of all the principal) whereof "digests" 
 
 th'Tt'of are herein contained. 
 
 T. (1) Trusts, and (2) Trustees, &c. :—" Summaries," showing 
 
 special classifications therein. 
 
 (A) Administration, &c., to Winding'-up, &c. :— 
 
 1 — Adinini><t ration {the) of ati intestate's personalty : — 
 
 1. Bankruptcy (admon. in) of a deced insolvent dr's estate: — Vide 
 Appendix, on p. 36. 
 
 2. Chancery (an ordinary admon of a deced's estate (a) in, and (&) 
 under the judgment of the) Dn : — Apj). A. 2, pp. 46-51 incl. 
 
 3. Grant (a) of letters, &c. : — the general (1) law, and (2) practice 
 relating thereto, pp. 1-36 incl., pars. 1-138 incl. 
 
 4. Lair (the general) relating thereto : — Vide sub-par. 3. 
 
 .'». Manatjement {the admors subsequent), realisation, and statutory 
 
 distribution of sd personalty amongst the intestate's next of kin. 
 6. Procedure in the 3 following specified cases, viz. : — 
 
 1. Commercial (a large) estate: — 39-43 inch, B., 1-15. 
 
 2. Ordinary {an) admon: — 37-9 inch, A. 1, A., 1 — 17. 
 
 3. Special (a Solicitor's) admon, on liehalf of an administratrix, 
 Ac.— 43-45 incl, C. 1-12 incl. 
 
 2 — (1) Bankers, and (2) their deceased customers' or depositors' personal 
 representatives : — forms, law, and procedure. 65-78 incl. 
 
 3 — "Cfu<es" (all th.,' recognised "Leading") : — Epitomes thei-eof, (1) 
 373-80 incl., (2) 461-66 incl. pars. 1-44 incl. 
 
 3*1— "Crt«e»" (an alphal)etically arranged Table {"A.") of all the 
 " cited ") of iinj»ortince affecting, or in any way connected with
 
 PLAN OR "bird's-eye VIEW " OF THE WORK. V 
 
 (1) Administrations, (2) Executorships, or (3) Trusteeships 
 respectively. 
 
 N.B. — 36. Cases (Supplemental Tables ("I?") of all the said cited), 
 arranged under alphabetical " classifications or headings " of the 
 variants subjects to which they respectively relate. This is a special 
 feature in the worh, and is not (to tlie best of the author's knowledge 
 and belief), adopted in any Icindred ivorJc. 
 
 4 — (1) " Caidions (special) or Precaidions, and (2) Suggestions'' (not 
 contamed in any other kindred work), in upwards of 100 alpha- 
 betically classified (a) general, and (b) special cases respectively. 
 
 4a. — " Contents-Table" (refei*red to on the title-page). 
 
 5 — Descent of an estate in fee simple in " copyholds." 63, C, 1-3. 
 
 6 — Descent of an intestate's realty : — the general " canons " or rules 
 thereon, &c. : — 63-4, F., 1 — 11a inch 
 
 7 — " Directions " (fully detailed practical) or procedure under all existing 
 circumstances, &c. 
 
 8 — " Duties" (all the (1) reciprocal, and (2) other), obligations, remedies, 
 and rights of an admor, exor, or trustee towai'ds and against their 
 " beneficiaries, &c." 
 
 9 — Evidence adducible and required in numerous specified miscellaneous 
 cases :- pp. 79-81 incl, A. 1 — 12 incl. 
 
 9a — Evidence (the) or ^^ pi-oof " adducible in (1) contentious, and (2) non- 
 contentious business respectively, in the Probate Division, in support 
 of, and under numerous specified (a) oi'dinary, and (b) special 
 cases and circumstances resjiectively : — B. 81-93, pars. 1-48 incl. 
 
 10 — (1) Executors, a7id (2) Executorships : — vide " Contents-Table," pars. 
 12-15 incl. 
 
 10a — " Forms " (all the necessary (1) ordinary, and (2) special) or prece- 
 dents, including many not contained in any other Icindred work : — vide 
 " Contents-Table," par. " F.," sub-pars. 1-11 incl. 
 
 11 — '^Frauds" (a scheme for the prevention of), &c. :— vide title-page, 
 par. a, and pp. 127-149 incl. 
 
 12 — " Goodwill " of a deceased's business : — a summary of the law thereon, 
 pp. 215-18, par. 39, sub-pars. 1-19 incl. 
 
 13 — Insurance (Life) policy-claim procedure (to obtain payment of the 
 amount assured) : — 150-160 incl. 
 
 13a — ^^ Keys (explanatory)," or notes to the references herein contained. 
 
 1. Abbreviations (to the) in the table referred to on p. 57, pars. 
 B. and C, and (2) 3 on p. 436. 
 
 2. "References" (the) specified in par. A. (1-5 inch), on p. 461.
 
 vi PLAN OR "bird's-eye VIEW " OF THE WORK. 
 
 8. " Statutes {the Admon.) si>ecified on p. 52, Ai:)p. 3, showing tlie 
 reason for the non-incorporation, in full, in the text, of the vai-ious 
 statutes whereof " digests or epitomes " are not contained herein. 
 4. (1) Trusts, and (2) Trustees :— (I) p. 347, KB. (1-2), and (2) 
 p. 880, par. 6, N.B. 
 
 14 — Legacies: — a summary of the law thereon: — 161-9 inch 
 
 14'-7 — Legacies to charities, &c. : — the like summary, 170-6. 
 
 15 — Letters (private) : — the like summary. 
 
 15a — Letters ( (1) ordinary, and (2) special (o) circidar, and (b) other 
 miscellaneous), itc, referred to in the " Contents-Table," p. xix. 
 par. 19 : — Schedule thereof. 
 
 156 — Letters uTitten " withovf prejudice" : — a summary of the law 
 thereon. 
 
 16 — Management (the), realization, and distribution (final and inter- 
 mediate), of a deceased's estate : — numerous practical " suggestions " 
 thereon. 
 
 17 — Miscellaneous (79) sections, alphabetically arranged : — 177-241. 
 
 17a — Miscellaneous (14) sections, not included under (1) "Cautions," or 
 (2) "Procedure." 
 
 18 — "Mortmain" (the laiv of) or charitable trusts: — a summary 
 thereof. 
 
 19 — "Notices" (numerous miscellaneous (a) ordinary, and (h) special), 
 reqiiired during (1) an administration, (2) executorship, or (3) 
 trusteeship respectively : — vide par. " F.," sub-pars. 8-9. 
 
 20 — Partnership (a deceased's) : — the (a) law relating thereto, and (b) 
 procedure thereon, 251-7 incl. 
 
 21 — "Pjr/ace«" (sui>plemental), in addition to the " general preface " 
 hereto, together with an alphabetically classified scliedule of con- 
 tents in each of the following special cases, viz. : — 
 
 1. Bankers, &c., showing the (1) advantages, and (2) objects of this 
 section of the work: — pp. 65-6, pars. 1-3 (1-4 incl). 
 
 2. Frauds (by trustees) preventio7i scheme :—}27 -131, A, B, C, R. 
 ■i. Insurance (Life) claims procedure, tf-c. : — 150. 
 
 4. " Reports (Solicitor's Special)," d-c. :— preface to 2nd edn thereof, 
 266/7. 
 
 5. Trusteeships, &c. :— pp. 330-333 incl. 
 
 22—" Procedure" ( (a) an alphabetically classified schedule of, and (b) 
 tlie fully detailed) in, and incidental to 86 (1) ordinary, and (2) 
 special matters in administrations, exorships, and trusteeships 
 respectively .— vide " Procedure," supra, par. " P."
 
 PLAN OR " BIRD S-EYE VIEW OF THE WORK. Vll 
 
 22a — " iJffeyjfs " (29 special forms of (1) administration, (2) executor- 
 ship, and (3) miscellaneous) : — 258-64 incl. 
 23 — "Reports {Solicitors' Special) " to Beneficiaries, i*eferred to in par. h 
 
 of the title-page hereto : — 265-318 incl. 
 24 — Sale of a deceasecV s property : — the (1) law, and (2) procedure there- 
 on. Appendix S., pp. 319-21 incl. 
 25 — Stattites (all the principal practical) : — a digest thereof, vide pars. 
 
 S., 8 1, and S 2, " Statutes," supra. 
 26 — Succession {descent of, or) to realty on the oivner's intestacy : — an 
 
 alphabetically classified table, showing the same (in 62 illustrative 
 
 cases). 
 27—" Trustee (the) Act, 1893 : "—a digest thereof :— 338-372 incl. 
 27a — Trustee's (a) obligations, remedies, and rights towards, and against 
 
 his cestuis que trust, and vice versa : — 390-466 incl. 
 27& — Trusteeships ( (1) ordinary, and (2) special) : — the (a) law relating 
 
 thereto, and (h) fully detailed i^rocedure connected therewith : — 
 
 390-466 incl. 
 28 — " Winding-up'^ or "closing" and filial distribution of an estate: — 
 
 the (1) law, and (2) procedure thereon. 
 
 (C 1.) Contents (" Procedure " section) connected with, and inci- 
 dental to the following subjects ; alphabetically classified " Schedules " 
 thereof will be fo%md herein : — 
 
 1 — Bankers, Sec. : — pp. 67-8, par. B., sub-pars. 1-22 incl. 
 2 — Frauds "prevention scheme," S:c. : — App. F. 1, D., p. 127, and pp. 
 
 128/9, T., pars. l-4a incl. 
 3 — Insurance (Life) policy-claim procedure, &c.: — 156-7 incl, B., 1-23 
 
 incl. 
 
 (F) "Forms" (miscellaneous (a) general, and (b) special) or 
 precedents, &c. 
 
 1 — (1) Administrations, and (2) Executorships, vide par. 4 (2). 
 
 2 — Banlcers (all the necessary forms of (1) authorities, (2) letters, (3) 
 notices, (4) receipts, and (5) schedtdes of title-deeds deposited, &c., 
 required between (a) admors, (b) exors, and (c) deced's), ^-c. : — Q&-7 
 A., 1-5 incl. 
 
 1. Forms (for) : — vide pp. 68-71 incl, A., 1-3 incl. 
 
 2. Schedule thereof: — vide pp. 66-7 incl, A., 1-5 incl. 
 3 — Executorship (an) : — vide par. 1. 
 
 4 — Frauds (by trustees, &c.,) "prevention scheme " : — 
 
 1. Forms (for) :— pp. 146-7, 6 (1-6). 
 
 2. Schedule thereof :~(l) 127, D., 1-3 ; (2) 142-3, B., 1-4 incl.
 
 viii PLAN OR "bird's-eye view" of the work. 
 
 S— Insurance {afire) policy:—" Orders" therefor, 222, 7, 7 a, and 7&. 
 6 — Insurance (Life) policy claim procedure, &c. 
 
 1. Forms {for) -.—{a) 151-6, pars. 1-8 incl, and (6) 158, 11 (3). 
 
 2. Schedule thereof -.—150-1, A., a, b., 1-9 incl. 
 
 7 — " Miscellaneoxis" forms, applicable to (1) admhiistrations, and (2) 
 executorships {according to the circumstances of the case) : — 
 
 1. Forms {for sd) -.—vide (a) pp. 112 (1) to 126 incl ; (&) 242-48 incl. 
 
 2. Schedides (3 separate) thereof -.—{a) 110-112, 1-14 incl ; {b) 242, 
 l-6a incl. ; (c) 249-50, 1-16 incl. 
 
 8 — "Notices {special miscellaneous) occasionally reqidred during {a) an 
 administration, or {b) executorship respectively : — 
 
 1. Forms (for sd) : — pp. 121-4 incl, par. 12 (1-6), and "Notices," &c. 
 
 2. Schedule thereof: — p. 249 (2-3), and "Notices," &c., supra. 
 
 9 — " Notices" (16 miscellaneous cases wherein formal written) are generally 
 required as aforesaid. 
 
 1. Forms (for sd) : — vide references on pp. 249-50 incl. 
 
 2. Schedide thereof : — 249-50 incl, pars. 1-16 incl. 
 10— ReceijHs {special), &c.— 258-264, 1-18 incl. 
 
 11 — " Reports" {Solicitor's Special) to Beneficiaries, &c. : — 
 
 1. Forms {for) thereof :—27S-S18, 1-121 incl. 
 
 2. Schedule thereof :— 267 -27S, 1-121 incl. 
 
 (P.) " Procedure," &C., connected ivith, and incidental to the 
 following subjects, viz. : — 
 
 A. 1. Administration (the) of an intestate's personalty : — 1-64 incl. 
 
 B. 2. (1) Banlcers,SM(\. (2) their deced customer's admor, orexors: — B., 
 
 pp. 71-78 incl, pars. 1-22 incl. 
 
 E. 2. 3, Executorship {an) Ac. : — pp. 107-9, pars. 1-15 incl. 
 
 F. 1. 4. "Frauds hy trustees, d-c. : — Prevention scheme: — 129-149 incl. 
 
 5. Goodwill (on the sale of the) of a deced's business: — vide Plati 
 {ante), par. 12. 
 I. 6. Insurance (to obtain payment of a life) policy: — vide Plan (ante), 
 
 par. 13). 
 M. 7. "Miscellaneous" matters not herein ' specifically meiitioned: — 
 177-241 incl. 
 
 7a. " Papers ( (1) Estate, and (2) miscellaneous), &c. : — special course 
 
 suggested to keep the same in strict order, pp. 213-14, 
 
 par. 34, sub-pars. 1-3. 
 
 P. 8. Partnership (to (1) adjust, and (2) afterwards obtain payment for 
 
 the value of a deced partner's share in the) assets, &c. — 251-257 
 
 incl.
 
 PLAN OR ' BIRD S-EYE VIEW OF THE WORK. IX 
 
 R. 1. 9. Reports {Solicitors' Special) to heneficiaries, referred to in par h. 
 
 of the title-page hereto : — vide pp. 265-318 inch for the necessary 
 
 forms from which same can be drawn. 
 
 10. Sale of a deceased's (1) personalty, or (2) realty : — 319-21 inch 
 N.B. 11. Schedule (vide the) of " Procedure " referred to in " Plan " 
 
 (ante), par. 22. 
 T. 12. Trusteeships (1) ordinary, and (2) special), 330-466 inch 
 
 13. " Winding-up " (or " closing," and finally distributing a 
 
 deceased's residuary estate. 
 
 (S.) "Statutes" (alphabeticaUy classified "Schedules'' of all the 
 
 principal practical) relating to the follo\ving subjects will be found 
 herein. 
 
 1 — Charities and Mortmain : — 4 amending Statutes I'elating thereto : — 
 
 322, B. 1, 1-4 inch 
 2 — (1) Executorships, and (2) Trusteeships : — 325/6, C, 1-20 inch 
 3 — '^ Miscellaneoiis " statutes: — 326/7, J)., 1-20 inch 
 
 (S. 1) "Statutes" (Schedule of the principal practical) ivhereof 
 " Digests" are herein contained. 
 1 — Accidents arising from negligence : — as to compensation recoverable 
 
 under "Lord Campbell's Act " therefor :— 328/9, Da., 1-13 inch 
 2 — Apportionment (statutory) of (1) annuities, (2) periodical payments 
 
 of income, and (3) rents respectively : — 329, Da. 1, 1-4 inch 
 3 — Arbitration (statutory) as to compensation for a railway accident : — 
 
 329, Da. Irt, 1-4 inch 
 4— Charitable Trusts (Recovery) Act, 1891 :— 322/3, 1,1-7 inch 
 5 — Distribution (Statutes of), &c. : — 52/3, 7, 1-9 inch 
 6—" Intestates' Estates Act, 1890 " :— 53/4, 10, 1-7 inch 
 7 — " Investment (Trust Funds) Act, 1889 " : — ss. 1 and 7, unrepealed by 
 
 the "Trustee Act, 1893," 335, 11. A. 1 & 7 (1-4), 
 7a — Investinent (Trust Funds) Act, '89 : — " Observations, &c., thereon, 
 
 335-7, par. B., stib-pars. 1. 
 8 — Mortmain and Charitable Uses Act, '91 :— 323, 2, 1-11 inch 
 9—" Trustee (ss. 1 a7id 8 of the) Act, 1888," unrepealed by the " Trustee 
 
 Act '93 " :— 334/5, T., 1-2 (1-7). 
 10— Trustees Appointment Ad, 1890:— 324, 3, 1-6 inch 
 11—" Trustee (the) Ad, 1893 " :— jip. 338-372 inch 
 llfl — Trustee (the) Act, '93, Amendment Ad, '94 : — vide App. S'2. 
 12 — Working Classes Divellings Act, '30 (comprising statutory excep- 
 tions to the " Mortmain Act," referred to in par. 8): — 325,4, 1-6 
 
 inch
 
 X PLAN OE " bird's-eye VIEW " OF THE WORK. 
 
 (S2.) "Trustee (the) Act, 1893, Amendment Act, 1894" 
 
 (s. 5). 
 
 X.B. — Strictly, this Act should have been incorporated in the text after the 
 digest of the " Trustee Act, 1893 " (jh 372), hut (as it only received 
 the Royal Assent on the 18th June last), circumstances have rendered 
 th is impracticable. 
 
 I— Amendment of s. 44, of " T. A., '93 ":— after "trtistee" in 1st 2 
 places where it occurs shall be inserted the words " or other person " 
 (s. 3). 
 
 2 — Ireland {extension to) of the powers conferred on the High Ot in 
 England by s. 41 of " T. A., '93," to make vesting orders as to all 
 (1) land, and (2) jjersonal estate in Her Majesty's dominions except 
 Scotland, are hereby («) conferred upon, and (fe) exerciseable by 
 the High Ct. in Ireland (s. 2). 
 
 3 — Liability (trustee's) in case of change of character of investment : — he 
 shall not be liable for breach of trust by reason only of his con- 
 tinuing to hold an invt. which has ceased to be an invt. authorised 
 by the (1) general law, or (2) trust-instrument (s. 4). 
 
 4 — Repeal in s. 30 of " T. A., '93," of the words: — " as beir, or under 
 the will of a deced. person, for payment of whose debts the judg- 
 ment was given, or order made " (s. 1). 
 (T.) (1) Trusts, and (2) Trustees :—«^#«fee/ica% classified 
 
 "Contents Table'' (or " Smmnaries") thereof, showing the following, 
 viz. : — 
 
 1 — " Trustee (the) Act, 1893 " : — (a) the several cases wherein, and (b) 
 tunes when the therein specified sections thereof are (1) applicable, 
 and (2) inapplicable respectively : — 338-9, Nos. 1-17 incl. 
 
 2—" Trustee Act, '93 " :— (1) section thereof, (2) pages, and (3) subject- 
 matter respectively -.—(a) 339-44 inch, Nos. 1-39 incl. ; (b) 380-90, 
 Nos. l-lU7a incl. 
 
 ^—''Trustee Act, '93 ":—" Repeals ' thereunder; 345-6, Nos. 1-33 
 incl. 
 
 4r— Trusteeships (Supplement" to) &c. :— (1) No., (2) page, and (3) page 
 in 1st Index :— 431-6 incl. Nos. 1-53 incl.
 
 REFACE, &c. 
 
 Contents (alphabeticaUy classified Schedule of the) thereof. 
 
 1. Abbreviations (intelligible) herein: — 2. 
 
 2. Arrangement ( (a) classified, and (b) unique) of the work : — 3. 
 
 3. Goodwill (Mr. C. E. Allan's summary of the law of) : — 4. 
 
 N.B. — 4. "Headings"' {alphabetical) under which, so far as practicable, 
 the various subjects hei'ein have been classified: — Correct mode of 
 reading same, &c. ; — vide " Explanatory -Key " thereto. 
 
 5. Index ( (1) explanation as to, and (2) justification for the absence 
 of the " usual ") to the contents hereof : — vide sd "Explanatory-Key." 
 
 6. Object (the princijjal) of the -work : — 6. 
 
 7. Observations (general) thereon: — 1. 
 
 8. Originality (extent to which) of matter in the work is claimed : — 7. 
 
 9. Professional criticism, &c., as to the necessity for the work :— 8. 
 N.B. — 10. " References " given by "figures " ; — for explanation thereof^ 
 
 vide " Explanatory -Key, c§c." 
 
 11. " Statutes " (abstracts of the principal practical) epitomised herein : 
 — explanation as to same. 
 
 1. Observations (general) : — In the hope that this handy " Digest " may 
 
 be found serviceable to the profession, I have endeavoured to set forth as 
 clearly and concisely as possible, a resume oi the important and numerous 
 duties which are (1) of the most frequent and practical importance, and 
 (2) required of an Admor, Exor, or trustee in the fulfilment of his 
 onerous and lesponsible position, which latter is oftentimes, from com- 
 plications arising from the disordered state of deced's affairs, surrounded 
 with grave difficulties, and hemmed in with dangerous pitfalls, exposing 
 him to great risk of personal liability, by reason of his, perhaps, innocent 
 departure (through an imperfect knowledge, or sheer ignorance), from 
 the strict letter of his " representative duties," in either of the said capa- 
 cities. 
 
 Upon the well-timed discretion which he (acting under professional
 
 xii PREFACE, ETC. 
 
 guidance), exercises, frequently depends the successful management and 
 realization of the estate with the distribution whereof he has been 
 entrusted, either as (1) an Admor (the law's appointee), or (2) Exor 
 (the testator's trusted nominee). 
 
 New difficulties are continually arising, and it is, therefore, of the 
 utmost importance that all persons Avho are, in any way, connected with, 
 or interested in, the management, realization, and distribution (inter- 
 mediate or final), of an estate, should keep themselves posted up to date, 
 by acquiring a minute knowledge of the law and practice affecting this 
 special subject, and I shall, therefore, be gi-ateful, if the varied practical 
 details, hints, and recommendations herein contained will aid (even if 
 only in a limited degree), (1) in guiding its readers aright in the accum- 
 phshment of the important and special objects for which they are 
 intended, and (2) becoming of personal assistance, in serving as a com- 
 plete book of reference, to those who have had previous experience and 
 knowledge of the duties, &c. (oftentimes suddenly devolving upon 
 them), appertaining to an Admorship or Exorship, and (3) in assisting 
 young solicitors, at the outset of their professional career, to ascertain, at 
 a glance, what are an Admor's or Exor's (a) prescribed statutory powers, 
 and (6) relative duties and obligations, and (c) how he may best 
 efficiently exercise the one, and (d) satisfactorily and strictly perform 
 the other, in accordance with the existing law and practice affecting the 
 very important and comprehensive subject upon which this work pro- 
 fesses to treat. 
 
 I scarct4y need mention that the work is simply intended as a 
 succinct and jjractical digest of the said law and practice, and it is not, 
 in the slightest degree, intended to claim for it (1) any pretension what- 
 ever to the position of an indisputable and recognised authority, or (2) 
 to rank it as an equally valuable exponent of the subject with the 
 various excellent treatises already published thereon, notably the very 
 valualjle and exhaustive treatise by the Hon. Sir Roland Vaughan 
 WillianiH, a Justice of the High Court, which has recently passed into 
 a ninth edition. 
 
 '2. " Ahlirrriitiid/Di " (iiiielliyihlt) herein: — It will be readily observed 
 that a very rare, and (it is feared), bold innovation, and unusual, and 
 possibly objectionable departure from the course commonly adopted in 
 the compilation of a legal work, has been made in the way of numerous 
 abbreviations in the text, but it is sincerely trusted that (1) they will be 
 (juickly understood, and rendered thoroughly intelhgible ; (2) that no 
 serious difficulty or " sore trial of the reader's patience " will be expe-
 
 PREFACE, ETC. XUI 
 
 rienced in consequence of their introduction therein; and (3) that tliey 
 will not be hastily or unduly condemned. 
 
 3. Arraiujement ( (a) classified, and (b) unique) of the tvork. — Few 
 
 legal toi)ics afford a modern writer any ground for advancing a claim to 
 any pretension to the merit of originality in his treatment of them, 
 but I venture to think that my plan of specifying the (1) " Cautions " or 
 " Suggestions,^^ (2) " detailed procedure " in nearly every case connected 
 with the subject, and (3) stating (?<n(Ze?- alphabetical headings) the funda- 
 mental principles, and (4) illustrating them by cases {under 2 separate 
 Tables, arranged as hereinafter particularly mentioned under the head of 
 " Cases ") is, so far as I am aware, a new feature in a treatise of this 
 character. Much care has been bestowed on, and every effort exerted to 
 render this special mode of arrangement (1) an eflBcient suhstHide for the 
 usual Index thereto, and (2) a complete and reliable guide to the contents 
 thereof. It is so arranged that no confusion or doubt can possibly arise 
 as to what is (1) existing, and (2) what is obsolete law, s^eciaZ care having 
 been taken to incorporate herein abstracts of (a) all the various important 
 Statutes, and (b) thereby mark distinctly the recent changes in the law 
 affecting the subject down to date. 1, therefore, sincerely hope that the 
 contents of the work will thereby be rendered all the more interesting 
 and reliable to the very large number of practitioners (in many cases 
 popularly known as " family-lawyers "), whose professional life is largely 
 devoted to what is technically termed (1) " Will-making " and (2) 
 " Probate practice,'" consequent thereon, after a client's decease. 
 
 4. " Goodwill (summary, contained in par. 39, pp. 215-18, sub-j^ars. 1 
 
 to 19 incl., of the law relating to) : — The author is indebted for thi-j, (and 
 
 hereby expresses his great obligation therefor) to his learned friend, Mr. 
 Charles E. Allan, M.A. (Edin.), B.A., LL.B. (Cantab), of the Inner 
 Temple and Western Circuit, Barrister-at-Law (author of an excellent 
 treat' se on the " Law relating to Goodwill.") 
 
 5. " Headings (as to the alphabetical) " mider which, so far as practic- 
 able, the various subjects herein have been classified : — vide par. 3. 
 
 6. Object (the principal) of the work: — to provide a comprehensive, 
 
 reliable, and trustworthy practical guide or " vade niecum," readily adapt- 
 able to the exigencies of almost every case occurring in ordinary practice, 
 wherein the services of (1) a " legal personal representative " to a 
 deceased, and (2) his solicitor may be called into active operation. 
 
 7. "Original Matter" — Whilst (1) having strenuously endeavoured
 
 3UV PREFACE, ETC. 
 
 to confiue myself, as far as possible, to original matter, and (2) dis- 
 claiming all iuteutioiial plagiarism, I most heartily beg to acknowledge 
 mv indebtedness to my predecessors (whenever I have availed myself of 
 their learning and labours), and the obligation which any (a) quotation 
 from, or (6) reference to their works necessarily imposes upon me. 
 
 8. Professional criticism, (t-c, as to the necessity for the ivork : — More 
 
 critical readers could hardly be found than the members of the legal 
 profession, nor men better able to say unhesitatingly whether such a 
 work is wanted ; and, if so, whether this one meets the want in any 
 degree. The demand for a second edition has emboldened me to think 
 that this is sufficient evidence of the practical utihty and comprehensive- 
 ness of the work, and that the said want has, in some measure, been 
 supplied. In its compilation (notwithstanding every possible care) there 
 are doubtless many (1) deficiencies that may require to be supplied, (2) 
 errors requiring correction, and (3) redundancies (inadvertently incor- 
 porated therewith) requiring retrenchment, all detectable by a critical 
 eye, and if such is, unfortunately, the case, it is sincerely hoped that the 
 profession will, nevertheless, be kindly disposed towards an earnest 
 attempt to compile a work supjjlying the want, if not wholly, at all 
 events, partially, and gladly overlook any (a) inaccuracies that may be 
 found therein, or (6) omissions therefrom. 
 
 9. Statutes (abstract of the j^rincijjal jjractical) ''epitomised " herein: — 
 
 1. ArraiKjement (as to their (1) classified, and (2) unique: — vide 
 " Statutes " (Schedule of ) par " S." 
 
 FEED. WOOD. 
 2, Brick-court, Temple, 
 \hth Avfjust, 1894.
 
 CONTENTS 
 
 (ALPHABETICALLY CLASSIFIED TABLE OF) REFERRED TO 
 ON THE TITLE PAGE. 
 
 (1.) " Forms" (numerous miscellaneous) or precedents, applicable 
 
 to, and required in the several matters hereinafter specified in pars. 
 1, 2, 3, 3a, aud 4 respectively, viz. : — 
 
 1. Accounts (Special Estate) , &c. : — vide par. 2 (1), " Table of Contents " 
 (snpra). 
 
 2. (1) Aclmons and {2) Exorships :—(a) "Addenda," 112-26, (h) 1-14, 
 and (c) 242-8, l-6a. 
 
 3. (1) Bankers, and (2) their deceased customer's personal representa- 
 tives :—(a) 66-7, A. 1-5; (h) 68-71, A. 1-3. 
 
 Sa. Frauds (by trustees, &c.) prevention scheme : — pp. 146/7, par. 6 (1-6). 
 
 4. Insurance (Life) claim: — (a) 150-6, A. 1-8. 
 
 5. Letters (special (1) circular, and (2) other), &c. : — vide (a) par. 2 (19) 
 and (b) Addenda. 
 
 6. Miscellaneous forms : — (a) 112 (1}-126 incl, (b) 242-8, incl, and 
 (c) Addenda. 
 
 7. Notices (miscellaneous written) occasionally required during (</) au 
 admon.or (6) exorship :— viVZe (1) "Addenda," (2) 121 (12)-124 (6), 
 and (3) 249-50, 1-16. 
 
 7a. Notices (written) usually required as afsd : — vide sub-par. 7. 
 
 8. " Receipts " (29 (1) Adman, (2) exorship, and (3) other special), etc. 
 pp. 258-64. 
 
 9. " Release" (a) in each of the 2 following cases, viz. : — 
 
 1. Next-of-kin (by an intestate's) to his admor, on a final statutory 
 distribution of his residuary personalty — vide suh-p)ar. 2. 
 
 2. Residuary (by a testor's) legatees to his exors, on a final division, 
 &c. : — this, and form No. 1 will be "supplemental" hereto. 
 
 10. Reports (Solicitor's Special) to beneficiaries, Sc. — vide (1) par. 24, 
 " Table of Contents," supra, and (2) pp. 267-318 incl, pare. 1 121 
 incl. 
 
 11. " Winding-up" (or final distribution) a/cs, &c. — vide sub-par. 1.
 
 CONTENTS. 
 
 (2.) *' Miscellaneous " contents, alphabetically arranged. 
 
 (1) Accuu/tts (.tpt'cidl e!<tatt) in {!) AduiinistiMtious ; (2) Executor- 
 ships ; (3) Partnerships (on a partner's decease) ; (4) Sales (completion 
 of) of (a) Copyhold, (b) Fi*eehold, or (c) Leasehold Properties ; and 
 fully detailed instructions for the preparation and completion of every 
 form of (1) Estate, (2) Residuary, or (3) Succession Account, incidental 
 to, or required during the management, realization, and distribution 
 (intermediate and final), of an Intestate's or Testator's Estates 
 respectively : — vide u-orJc No. 3 (" Estate Accounts ") therefor. 
 
 (2) Adtiiinistration ( (a) tUe law, and (b) practice relating to a 
 grant of " Letters " of) to an intestate's personal estate and effects. 
 
 A 1. 1 — Grant {procedure (a) prior to, and (b) on an appln for a) in 
 the following cases, viz. : — 
 
 1. Commercial (a large) estate : — pp. 39-43, par. B. 
 
 2. Ordinary (an) grant thereof: — pp. 37-9, 139 A, pars. 1-17 incl. 
 
 3. Solicitor's (a) special admon on behalf of an admix: — pp. 43-5, C, 
 pars. 1-12 inclusive. 
 
 A 1. 2 — Grant {procedure (1) subsequent to sd), and (2) np to and 
 
 inchiding a final statutory distribution of the intestate's residuary 
 
 personalty: — pp. 37-45 incl. 
 A 1. (2rt) — Administration {an) in banhruptcy of a deced insolvent 
 
 debtor's estate under the " BanJcruptcy Acts " (1) '83, and (2) '90 : — 
 A 2. (25) — Administration {an ordinary) of a deced's estate {a) in, and 
 
 (b) under the judgment of the Chancery Division, &c." : — 
 A 3. (2c) — Administration {all the principal practical) Statutes: — an 
 
 alphabetical schedule thereof, pp. 52-4 incl. 
 A 4. {2d) — Administration under an " intestacy " : — an alphabetically 
 
 classified table of " Succession " to (1) personalty, and (2) realty, 
 
 showing the following, viz. : — 
 
 1. Admors: — the persons entitled to a grant of Letters, &c., entitling 
 them to (1) receive, and (2) distribute the intestate's personalty. 
 
 2. Distribution {mode of) of ppty in cases where the owner dies 
 entitled in his own right, without having made (1) a settlement, or 
 (2) will. 
 
 3. " Land" {descent of), i.e., realty (except leaseholds) in 50 illustra- 
 tive cases. 
 
 4. "Money" {devolution of) i.e., personalty (including leaseholds) in 
 50 illustrative cases. 
 
 Jj. Points" {schedule of miscellaneous important) connected with the 
 said 6uc•c■e^8io^ :— ].p. 55-7, pars. 1-11 incl.
 
 CONTENTS. XVll 
 
 6. "Relationships" (an alphabetically classified table of), showing, in 
 50 illustrative cases respectively, the parties entitled to a grant 
 of Letters, assuming, in each case, there are no nearer relations 
 than those named : — pp. 57-62 inch, par. 6, sub-pars. 1-50 incl. 
 
 6b. Wife's (a) succession, <&c., in 11 illustrative cases: — vide pp. 62-3, 
 par. 51, sub-pars. 1-11 incl. 
 
 N.B. — " Key (an explanatory) " to the abbreviations in the sd table : — 
 vide p. 57, par. B, sub-pars. 1-6 incl. 
 
 (3) Administrator's (an) reciprocal and other duties, obligations, 
 remedies, and rights (a) towards, and (b) against his intestate's next- 
 of-kin, and vice versa. 
 
 (4) Appendices (the several) hereto : — vide " Appendices," supra. 
 
 (5) (1) Bankers, and (2) their deced customer's personal representa- 
 tives : — (a) the necessai'y forms of, and (b) fully detailed procedure 
 incidental to all the (\) notices, and (2) partictdars reqtcired by, and (3) 
 transactions with bankers, from the date of a customer's death, up to 
 and including the closing of his " estate-account " (for the jiurj^ose of a 
 final distribution) : — vide "A," pp. 65-78 incl. 
 
 (6) " Cases " (Epitomes of all the recognised " leading ") relating to 
 the (1) duties, (2) powers, and (3) responsibilities of (a) exors, and (b) 
 trustees (extracted from " White and Tudor's Leading Cases "). 
 
 {6a) Cases (all the) of importance affecting or in any way connected 
 with (a) the law of, and (b) j^ractice in (1) admons and (2) exorships 
 respectively are arranged under 2 tables thereof (A and B), as follows, 
 viz. : — 
 
 A. Alphabetically, according to the general practice in the compilation 
 of a law work, and 
 
 B. Headings (under alphabetical) of the various subjects to which such 
 cases relate. 
 
 (7) " Cautions," or " Precautions " observable in upwards of 100 
 alphabetically classified (a) general, and (b) special cases, embodying 
 therein miscellaneous and special (1) hints, and (2) suggestions to 
 admors, exors, and trees as to (a) their management, realization, and 
 distribution (final or intermediate) of their intestate's or testator's 
 estates respectively, and (b) what they must (1) avoid, and (2) perform 
 respectively, in order to escape personal responsibility for administerial 
 or execvitorial acts and omissions, &c. therein — their utility will (it is 
 trusted) be unquestionable, inasmuch as they will oi)erate as a compre- 
 hensive and handy legal guide to all those who are, in any way, connected 
 with the said management, &c., giving them practical and usci'ul hints 
 
 b
 
 CONTENTS. 
 
 (in order to avoid unnecessary litigation), as to the strict 'performance of 
 the three latter duties. 
 
 (8) Descent of an estate in fee simple in ''copyholds'' •.—^. 63, 
 par. 1. 
 
 (8a) Descent (the general " canons " or rules as to the) of an intes- 
 tate's freeholds of inheritance or " realty," as (a) altered by the 3/4 
 Wm. 4, c. 106, and (h) amended by 22/3 V., c. 35, ss. 19-20 :— pp. 63-4, 
 par. 2, sub-pars. 1-lla incl. 
 
 (9) ''Directions" (fully detailed 2)raciical) or "procedure" 
 (under all existing circumstances), as to (a) an Admor's, (h) exor's, 
 or (c) trustee's respective duties, obligations, remedies, and rights 
 of and in connection with the management, realization, and distri- 
 bution (intermediate and final) of an estate, however (1) extensive 
 the commercial or other undertaking wherein a deced has been 
 engaged may be, and (2) however complicated his affairs may turn out, 
 each successive step, whether in a large or small Adman, exorship, or 
 treeship, being specified, and rendered thoroughly intelligible. 
 
 (10) Duties (all the reciprocal, and other), obligations, remedies^ 
 and rights of an (1) admor, (2) exor, or (3) tree, towards and agst the 
 " beneficiaries " mentd in pars. 3, 12, and 29 respectively. 
 
 (11) Evidence adducible and required in certain si^ecified miscel- 
 laneous cases : — vide pp. 79-81 incl, pars. 1-12 incl. 
 
 (11a) Evidence or " proof " adducible and required in the Probate, 
 &c., Dn, in support of, and under numerous specified (a) " will-cases " 
 and (b) circumstances respectively — vide par. B., pp. 81-93, pars. 1-48 
 incl. 
 
 (12) Executor's (an) recij^rocal, and other duties, obligations, reme- 
 dies, and rights (a) towards, and (b) against his testator's (1) residuary, 
 and (2) other legatees, and (c) vice versa. 
 
 (13) "Executors": — a Digest of the law as to their respective (a) 
 disabilities, (b) duties, (c) powers, (fZ) responsibilities, and (e) rights : 
 — vide pp. 94-106 incl, pars. 1-83 incl. 
 
 (14) Executorship (a?i), embodying the ordinary successive steps in 
 the (a) management, (b) realization, and (c) distribution (without 
 action) of a small estate of a solvent testator: — vide pp. 107-9 incl, 
 pars. 1-15 incl. 
 
 (15) Executorships ( (1) ordinary, and (2) special) : — the (a) law 
 thereof, and (b) fully detailed procedure therein. 
 
 (\^(i) "Frnudx "(a scheme for the prevention of), &c. — vide title 
 page, par. a.
 
 CONTENTS. 
 
 (16) Goodwill (a summary of the law relating to the) of a deced's 
 hxisiness : — pp. 215-18, par. 39, sub-jmrs. 1-19 iucl. 
 
 (17) Insurance (Life) claim: — schedule of all the necessary (1) 
 documents, tvith (2) forms thereof, and (3) particulars, &c., to he left at 
 the comi^any's head office at least seveu days before due- date of claim, 
 pp. 166-7 par. B., sub-par. 1-23 incl. 
 
 (17ff) Insurance ("procedure" to obtain payment of a life) claim: — 
 pp. 150-60, pars. 3-22 iucl. 
 
 (18) Legacies (the general law affecting and incidental to) : — vide 
 pp. 161-9 incl, pars. 1-30 incl. 
 
 (18a) (1) Legacies to charities, and (2) the Laiv of " Mortmain " or 
 charitable trusts: — pp. 170-6, pars. 1-27 incl. 
 
 (19) '^Letters" (a schedide of all the special (a) circular, and (b) 
 other miscellaneous), about 80 m number, contained in Part 1 of "The 
 Legal Correspondent," and comprising all those usually required 
 during the continuance of (1) an admon, (2) exorship, or (3) trus- 
 teeship respectively. 
 
 (20) (1) Management (the), (2) realization, and (3) distnbtUion ( (a) 
 final, and (b) intermediate) of an intestate's or testator's estate: — numerous 
 practical " suggestions " thereon. 
 
 (21) " Miscellaneous " (14) sections, not included under (1) 
 " Cautions," or (2) " Procedure " : — comprising (1) the general law, and 
 (2) practice relating to all other (a) admon, (6) exorship, and (c) trust 
 matters not specifically dealt with, or treated upoii by the other 
 portions of the work. 
 
 (22) Partnership (a deced's) : — the (a) latv relating thereto, and (b) 
 procedure therein. 
 
 1. Act (the Partnership), 1890 (53/4 V., c. 39) : — a classified schedule 
 of the several (1) duties, (2) liabilities, (3) rights, and (4) remedies 
 of a deced partner's admor or exor, towards or against the surviving 
 partners, as amended and declared by sd Act : — pp. 251-3, pars. 
 1-11 incl. 
 
 2. Dissolution thereof by a partner's death : — for the procedure thereon, 
 vide pp. 253-7 incl, pars. 1-18 incl. 
 
 3. Miscellaneous matters: — (1) p. 233, jmr. 54, and (2) p. 253, par. 1. 
 
 (23) " Procedure " (fully detailed) in and incidental to numerous 
 cases, &c. 
 
 (24) Reports (Solicitor's Special) referred to in par. b of the title page: 
 — vide " Observations " thereon as to (1) their (a) advisableness, and 
 (b) utility, particularly in (2) long- continuing trusts. 
 
 6 2
 
 XX CONTENTS. 
 
 1. (1) Advisableness (as to the), and (2) utility thereof: — the novel 
 nature of the facts relating to, and importance of the author's pro- 
 posed scheme in connection with, the sd Reports are of special interest. 
 
 2. Objects (intended) thereof :— to secure an (1) admor's, (2) exor's, 
 or (3) tree's honest management, realization, and distribution (final 
 or intermediate, as the case may be), of his intestate's or testator's 
 estate. 
 
 3. Persons, &c., thereby materially affected, viz. : — 
 
 1. Beneficiaries: — i.e., (1) cestuis-que-trust, (2) next-of-kin, and (3) 
 residuary legatees. 
 
 2. Public (the) interest, represented by the following objects, viz. : — 
 
 1. Conduct (the careful watching, in all cases, of the) of atnistee 
 towards his cestuis que trust. 
 
 2. Duties (the rigorous enforcement of a trustee's strict) towards 
 cestuis que trust. 
 
 3. Fulfilment (to secure the) of the specific object for which the 
 sd scheme has been promulgated. 
 
 4. Rights (the protection of the), &c., of the sd beneficiaries. 
 
 4. Trustees (the (1) duties, and (2) liabilities of) towards their 
 cestxds que trust. 
 
 5. Trusts (long continuing) : — The (1) foregoing, comluned with (2) 
 the author's "Suggestions" as to the special course recommended 
 for adoption under this very imjjortant head (vide pp. 143-7), really 
 deserve earnest consideration, inasmuch as they jointly furnish ample 
 security, &c. : — vide p. 144, par. 3. 
 
 (25) Sale ( (1) preliminary negotiations, through a " transfer- 
 agent," for a) of an intestate ti*adesman's stoct-in-trade, &c., by private 
 treaty, and (2) Conclusion thereof : — p. 319. 
 
 (25a) Sale of a business, formerly carried on by a testator: — p. 319. 
 
 (25fc) Sale by public auction of certain specified properties : — p. 319. 
 
 (25c) Sale (including completion thereof), of (1) freeholds, and (2) 
 leaseholds respectively : — schedule of all the (a) documents required 
 therein, and (h) proceedings incidental thereto (pp. 320-1, pars. 
 1-24 inch). 
 
 (26) Statutes (all the principal practical), &c. : — an alphabetical 
 schedule thereof. 
 
 (26a) Statutes (the most important practical) : — Digests or epitomes 
 thereof. 
 
 (27) '"Succession" (Table of) to (1) personalty, and (2) realty:— 
 pp. 55-63 (11).
 
 CONTENTS. XXI 
 
 (28) " Trustee (the) Act, 1893," consolidating all the enactments 
 (relating to trustees), from (1) "Tlie Legacy Duty Act, 1796," down 
 to (2) " The Conveyancing and Law of Property Act, 1892 ": — a digest 
 or epitome thereof : — 
 
 (29) Trustee's (a) reciprocal and other duties, obligations, remedies, 
 and riglits (a) tow^ards, and (b) against his cestids que trust, and (c) 
 vice versa. 
 
 (30) Trusteeships ( (1) ordinary, and (2) special) : — the (a) law 
 relating thereto, and {h) fully detailed procedure therein. 
 
 (31) " Winding-up)'' (or final distribution of) (1) an intestate's 
 or (2) testator's estate : — the (a) law, and (b) procedure therein. 
 
 (B.) Brokerages, &C., for Stodc Exchange transactio7is for (a) 
 investment, or (b) sale only. 
 
 1 — Discretionary (" Brokerage rates," or broker's usual commission is), 
 according to (no scale being fixed, or recognised by) the London 
 Stock Exchange Committee. 
 
 2 — Precaution (trustees) with reference thereto — Take care to engage one 
 who (1) deals only in sound securities, readily marketable on 'Change, 
 (and not in worthless (a) miscellaneous, or (b) mining shares), and 
 (2) can safely advise (a) intending investors, and (c) those already 
 interested, as to the prospects and stability of any legitimate under- 
 taking. 
 
 3 — Reduced (a London Stock and 8hare Broker's) scale (including both 
 (a) purchase, and (b) sale) for investment transactions only — (1) 
 Bonds (Americin) 1/8 p.c. per $1000 ; (2) Consols, 1/16 p.c. ; (3) 
 Railways, (a) Colonial, and (b) English 1/8 p.c. ; (4) Shares, (a) 
 American, 6d. per share (p.s.), (b) price not excdg (n.e.) =£5, 6d. 
 p.s., £5, n.e. .£10, 9d. per share ; .£10, n.e. £20, 1/- p.s. ; above 
 £20, I p.c. on conson. ; (5) Stocks (a) Foreign, 1/16 p.c. and (b) 
 India, 1/8 p.c. 
 
 4 — Usual rates (vide sub-par. 1). 
 
 1. Bills (Exchequer)— Is. per £100 Stock. 
 
 2. Bonds ( (a) Colonial Government, and (&) Kailway) — 5s. per cent. 
 
 3. Funds ( (a) British and (b) Foreign)— 26\ 6J. per £100 Stock, 
 
 4. Shares— (a) under Mb, Is. per share ; (b) from £5 to £10, 1«. M, 
 p.s. ; (c) from £10 to £25, 2s. p.s. ; (d) from £25 to £50, 5s. p.s. ; 
 (e) £50 and ujjwards, 10s. p.c. 
 
 5. Stock under £5U— jp.e. ; (2) when market price is above £50, 
 10s. p.c.
 
 TABLE OF CASES:-" A. 
 
 ?? 
 
 A. " Cases " (alphabetically arranged table of all the) of 
 
 importance (attesting, or ill any way connected, with (1) Administra- 
 tions ami {'2) Executorships respectively), cited herein. 
 
 N.B. — E.rjiJiiinitioii of, or " Kei/" to the foJloiriiuj references, ffv., 
 
 1. Names (irhere the lititjants) are identical: — the defendant's name is 
 omitted. 
 
 2. Names (where litigants) are not identical : — the 1st and 2nd names 
 represent the (1) plaintiff, and (2) defendant respectively. 
 
 3. Ntnnbers (the) set forth after the various cases (excepting Nos. 27a, 
 49a, 7Sa, 94a, ISla, 139a, 164^, 216a, 266a, 270a, 290a, 299a), 
 indicate the (1) pages, (2) paragraphs, and (3) sub-pars, respec- 
 tively of the text, wherein each cited case may be found. 
 
 4. •' Omissions " herein, for brevity's sake : — 
 
 1. Diffs name, where pit also bears same name. 
 
 2. " V." (the letter), usually placed between the litigants' names in 
 a " Talile of Cases." 
 
 5. Supi'lemcntal Table B. of "^ cited cases " .- — vide same. 
 
 A. 
 
 1. Ab].ott, Al.bott. 14, 60, 2/4; 
 
 21, 7^^, 6. 
 
 2. Aokroyd, Smithson. (L.C.) 168, 
 
 25, 2. 
 
 3. Adams, Wnllrr. 208, 8, 1. 
 
 4. Adamson. 95, 15, 1 ; 104, iSiS. 
 
 5. Adliugion, Cann. 176, 23. 
 
 6. Aldrich, Cooper. 199,11a. 
 
 7. All.-ard, Skinner. 92, 3, 7. 
 
 8. Aneaster, Mayt.'r. 49, 15, 1 ; 
 
 204, 7; 205-6, 13a, 2; 206, 
 
 15a, 2. 
 
 9. Arnold {re) ; Ravenscroft, 
 Workman. 175-6,22,2. 
 
 10. Arundell, Bell. 218,17,2,1. 
 
 11. Ashdown, Wharton. 29, 5,2. 
 
 12. Atkinson, Bernard. 35, 137, 11, 
 
 1. 
 
 13. Atty.-Gl. Mountniorris (Lord). 
 
 175-6, 22, 1. 
 
 14. Atty.-Gl. Parsons. 172, 11, 1. 
 
 15. Atty.-GI. Philpot. 170-1, 2, 1. 
 
 16. Austin, Mead. 212,4a, 1. 
 
 17. Aylifle, Murray. 101, 48, 1, 
 
 2.
 
 TABLE OF CASES A. 
 
 B. 
 
 18. Bacon, Ford. 18, 65a, 2; 21, 
 
 77a, 2, 1. 
 
 19. Bailey. 35, 137, 7. 
 
 20. Ballingall. 4, 10. b. 
 
 21. Bannatyiie. 86, 27, 2, 3a. 
 
 22. Barber. 86, 25 ; 86-7 ; 29, 5. 
 
 23. Barnes, Raekster. 200, I2a, 2. 
 
 24. Barraclougli,Greenhalgh. 92-3 ; 
 
 45,4. 
 
 25. Barton. North Staffs. Rway. 
 
 Co. 106, 78, 2. 
 
 26. Bell, Fotliero:ill. 89-90,38,4. 
 
 27. Bell, Inniswood. 5, 13. 
 
 27a Bellamy (re) ; Elder, Pearson. 
 25 Ch. Dn. 620 ; 49 L. 708 ; 
 53 L. J. 176, Ch. 
 
 28. Bellamy (re) and Metropolitan 
 
 Board of Works. 236, 3, 2. 
 
 29. Bianchi (re). 4, 10a. 
 
 30. Billinghiirst, Viekers. 85, 23, 
 
 2 
 
 31. Bishop, Curtis. 96, 27, 2. 
 
 32. Blaekboro', Davis. 59, 14, P. 
 
 33. Blake, Shaw. 216, 2, 2. 
 
 34. Blandy, Widmore. 8, 25, 1. 
 
 35. Blogg, Johnson. 94, 2a. 
 
 36. Body. 86, 26. 
 
 37. Bothamley, Sherson. 163-4, 6, 
 
 8. 
 
 38. Bouch (re) ; Froude, Bouch. 
 
 163, 6, 3. 
 
 39. Boughton, Knight. 90, 39, 4. 
 
 40. Bowes (re) ; Strathmore (Earl 
 
 of), Vane. 102, 62, 2. 
 
 41. Bowles (Lewis). 12,49, 1. 
 
 42. Boxley, Stubbington. 14, 60, 1. 
 
 43. Boyd, Boyd. 56,6,2,1. 
 
 44. Brackenbury. 5, 14; 26, 105, 
 
 2 ; 28 121, 3a, 4. 
 
 45. Brayne, Reeds. 46 E, 2, 3. 
 
 46. Bremer, Freeman. 12, 47. 
 
 47. Brice, Stokes. 105, 7G, 4, 3. 
 
 48. Bridge, Abbott. 61, 44. 
 
 49. Briggs, George. 46, E, 2, 1 . 
 49a Brook, Haynes. L. Rep. 6 Eq., 
 
 25. 
 
 50. Brown. 98-9, 43, 4. 
 
 51. Brown, Gellatly. 194, 20. 
 
 52. Brown, Niehollson. 35, 137, 13. 
 
 53. Browning, Budd. 83, 9, 3. 
 
 54. Burdett, Thompson. 90, 39, 4. 
 
 55. Burgess (re). 29, 5, 2. 
 
 56. Bushell. 87, 31, 3. 
 
 57. Butler. 35, 137, 2. 
 
 c. 
 
 57a Calver, Laxton. 207-8, 7, 22. 
 
 58. Campbell. 21, 76, 4. 
 
 59. Campbell, Hoskins. 51, 25, 2. 
 
 60. Carlyon (re) :— 51, 20, 2. 
 60a Carneby, Gibbons. 82, 2. 
 
 61. Carr. 15, 60, 4, 4, N.B. 
 
 62. Carson's ease. 3, 6. 
 
 6'S. Chadwiek, Heatley. 237, 62, 5, 
 1. 
 
 64. Chamberlain, Williamson. 191, 
 
 19&, 4. 
 
 65. Chancey's ease. 81, 10, 1. 
 
 66. Chanter. 17, 60, 8. 
 
 67. Chapman (re) ; Fardell, Chap- 
 
 man. 238, 79. 
 
 68. Clarkington. 15, 60, 3. 
 
 69. Clegg, Rowland. 231, 6, 1. 
 
 70. Cleverly, Gladdish. 32, 129,6. 
 
 71. Cole, Rea. 199, 8, 1. 
 
 72. Coppin, Dillon. 21, 76,10. 
 
 73. Corbyn, French. 176, 26,1, 1. 
 
 74. Cordeaux, Trasler. 13, 52 ; 26, 
 
 109.
 
 XXIV 
 
 TABLE OP CASES A. 
 
 75. Cosnahan, Grice. 85, 22, 2 ; 
 
 213, 9, 2. 
 
 76. Cottam. Eastern Counties Ry. 
 
 Co. 77, 17, 1 ; 136-7, S.A., 
 
 1, 1^. 
 
 77. Cowley. 161, 4a, 2, 1. 
 
 78. Cox, Davie. 173, 15a, 2. 
 78a Crause. 1 S. & T. 146. 
 
 79. Creagh, Blood. 83, 9, 4, 1. 
 
 80. Creed. 46, E, 2, 2. 
 
 81. Cres>well. 35, 137, 14, 2 ; 172, 
 
 11, 2, 1. 
 
 82. Cull, Guillermey. 21, 76, 3. 
 
 83. Culpeper, Aston. 235, 61, 1, 1. 
 
 D. 
 
 84. Dampier, Colson. 20, 72, 2, b. 
 
 85. Darke. 98, 38. 
 
 86. DarneU, Corfield. 86. 24, 3. 
 
 87. Davis. 49, 14, 5 
 
 88. Dawson. 16, 60, 5, 5 (1). 
 
 89. Day. 96, 22. 
 
 90. Dixon (re) ; 200, 25, la. 
 
 91. Dowd, Hawkins. 96, 176, 3. 
 
 92. Downward, Dickenson. 35, 137, 
 
 1. 
 
 93. Drage, Hartop. 94, 3, 2. 
 
 94. Drover, Beyer. 80, 5, 2. 
 
 E. 
 
 94a Eastwood, Vinke. 2 P. Wms. 
 617. 
 
 95. Edwards. 12, 48, 1, 1 ; 107, E, 
 
 2, 2, 1. 
 
 96. Edwards, Pike. 83-4, 10, 2, 1. 
 
 97. Elliott, Merryinan. 235, 61, 1, 
 
 2. 
 
 98. Ellis (re) ; Kelson, Ellis. 238, 
 
 7,2. 
 
 99. Ellison. 46, E. 3, 2. 
 
 100. Elme, Da Costa. 199, 8, 2. 
 
 101. Emerson, Matthews. 239, 67, 
 
 8, 1, 1. 
 
 102. Esmond (re) ; 22, 77a, 3. 
 
 103. Evans, Tyler. 104, 67. 
 
 104. Evelyn, 58, 12, 5. P. 
 
 F. 
 
 105. Fairland, Percy. 20, 76, 2, 1. 
 
 106. Fardell, Chapman. 238, 7, 1. 
 
 107. Farhall. 104, 66a. 
 
 108. Field, White. 11, 38, 1. 
 
 109. Fleet. Perrins. 28, 121, 2, 2 ; 
 
 230, 50, 2. 
 
 110. Fletcher, AsliLurner. 195, 22, 
 
 1. 
 
 111. Flower (re) and Metropolitan 
 
 Board of Works. 236, 3, 1. 
 
 112. Foster, Schlesiuger. 190, 18, 
 
 1. 
 
 113. Eraser. 98-9, 43, 2, 2. 
 
 114. Freeke, Calmady. 161, 4a, 3, 
 
 2. 
 
 115. Fronde, Bouch. 163, 6, 3. 
 
 116. Fry. 98-9, 43, 3. 
 
 117. Fulton, Andrew. 90,42,5. 
 
 G. 
 
 118. Gainsford, Dunn. 238, 64, 3. 
 
 119. Gandy, Macaulay, 238, 7, 3. 
 
 120. Gai'net (re) ; Gandy, Macaulay. 
 
 238, 7, 3. 
 
 121. Garth, Meyrick. 164, 7a, 1. 
 
 122. Gill. 35, 137, 11, 3. 
 
 123. Goldshorough. 25, 102, 2. 
 
 124. Gordon's (re) estate. 210, 4, 2. 
 
 125. Gould, Fleetwood. 101,48,3. 
 
 126. Grant, Leslie. 98-9, 43, 2, 2. 
 
 127. Greig. 84, 12. 
 
 128. Griffiths. 81 2, B, 1.
 
 TAIiLE OF CASES A. 
 
 129. Guthrie, Walrond, 161, 40, 3, 
 
 1 ; 165, 9, 1/2. 
 
 H. 
 
 130. Hatroer. 17, 60, 7. 
 
 131. Hail's estate. 88, 35a. 
 
 131rt Hamilton, Dallas. 45 L. J. 
 Ch. 15. 
 
 132. Harris. 50, 17,1; 51,21. 
 
 133. Harrison. 173, 13. 
 
 ■134. Harrison (re) ; Latimer, Har- 
 rison. 207, 7, 2, 1. 
 
 135. Harter, 87, 31, 2. 
 
 136. Hastilow, Stobie. 85, 24 1. 
 
 137. Hawkins, Allen. 173, 15-16. 
 
 138. Hayward, Kinsey. 12, 48, 2 
 
 108, 11. 
 
 139. Hewett, Kay. 212, 4a, 3, 1 
 
 213,11,2. 
 139a Hill, Curtis. L. Rep. 1 Eq. 90 
 
 140. Hoare, Osborne. 176, 26, 2, 2 
 
 141. Hobson, Blackburn, 175, 21 
 
 3. 
 
 142. Holford, Wood. 164, la, 2. 
 
 143. HoUoway, Radcliffe. 196, 6. 
 
 144. Hooley, Hutton. 162, la, 1. 
 
 145. Hooper. 2, 5, 4. 
 
 146. Hopkins, 48, 10, 2, 1 ; 96, 
 
 176, 3. 
 
 147. Hoskins (re) trusts. 198, 4, 
 
 3, a. 
 
 148. Hotcbkys (re) :— Freeke, Cal- 
 
 mady, 161, 4a, 3, 2. 
 
 149. Howe, Dartmouth (Earl of). 
 
 192, 3 ; 194, 21. 
 
 150. Hudson. 4, 8, 2. 
 
 151. Hulkes. 97-8, 35, 1-2 (1). 
 
 152. Hurst, Beach. 162, la, 2. 
 
 153. Hutchinson, Lambert. 35, 137, 
 
 11. 2. 
 
 154. Jackson. 21, 1^, 8. 
 
 155. Jacomb, Harwood. 4, 8, 1, 1. 
 
 156. James. 218, 17, 2, 2. 
 
 157. Jones (re) : — Calver, Laxton. 
 
 207-8, 7, 2, 2. 
 
 158. Jones. Harding. 87, 30, 1. 
 
 159. Judge Tisdall, 137-8, 2, 1-4. 
 
 K. 
 
 160. Keilway. ^-6, 9, P. 
 
 161. Kelson, Ellis. 238, 7, 2. 
 
 162. Kendall, Hamilton. 202, 26 h, 
 
 4,2. 
 
 163. Kensington (Lord) : — 18, 
 
 65 a, 2 ; 21, n a, 2, 1. 
 
 164. King, Mullins. 237, 62, 5, 2. 
 164aKloebe (re) : — 28 Ch. Div. 
 
 175; 52 L. 19. 
 
 165. Lacy, Stone. 174-5, 18, 2. 
 
 166. Lambert {re) : — Stanton, 
 
 Lambert. 24, 97, 1. 
 166a Latimer, Harrison. 207, 7, 
 2, 1. 
 
 167. Leese, 95, 13. 
 167a Lepington, Holland. 
 
 168. Lloyd, Tench. 60, 23 P. 
 
 169. Lockyer, Vade. 25, 100, 1; 
 
 34, 9rt. 
 
 170. London Jt. Stock Bk. 77-8, 
 
 18, 1-6. 
 
 171. Long, Symes. 94, 2, 2; 104, 
 
 68 a ; 214, 36, 2, 2. 
 
 172. Lysaght, Edwards. 6,22, 1, 1. 
 
 M. 
 
 173. Maggi (re) : — Winehouse. 48, 
 
 10, 2, 2 ; 50, 17, 2.
 
 TABLE OF CASES A. 
 
 174. Maley. 99,44, 2. 
 
 175. Manuiiig, Thesiger. 164, 7a, 3. 
 
 176. Mansell, Burridge. 3, 7, 3. 
 
 177. Margarj, Eobinson. 89, 38, 
 
 3, 1. 
 
 178. Martin, Whitmore. 239-40, 
 
 67, 8, 1, 2. 
 
 179. Martindale. 35, 137, 9. 
 
 180. Martiueau, Read. 198, 24, 4. 
 
 181. May, Thompson. 218, 17, 1. 
 
 182. Mc-kenire, Fraser. 93, 46. 
 
 183. Mendes, Guedella. 77, 17, 2 
 
 184. Mentney, Petty. 60, 21, P. 
 
 185. Menzies, Pullbrook. 200, 18. 
 
 186. Messenger, Andrews. 161, 4a, 
 
 3, 3. 
 
 187. Middleton. 35, 137, 5. 
 
 188. MiUigan. 20, 76, 2, 1. 
 
 189. Miles (re) Estate. 197, 1, 7, 
 
 N.B. 
 
 190. Milne, Gilbert. 57, 8a. 
 
 191. Mitchell, Thomas, 83, 9, 5, 1 ; 
 
 85-6, 24, N.B. 
 
 192. Moor, Badham. 59, 14, P. 
 
 193. Moore. 183, 10, 2 ; 213, 8 
 
 194. Moore, Whitehouse. 84, 14 
 
 195. Murgan. 99, 11. 
 
 196. Morley. 4-5, 10. 
 
 197. Mountain, Bennett. 83, 9, 2, 2. 
 
 N. 
 
 198. Natt. 25, luu, 3 ; 34, 131, 9. 
 
 199. Nepean, Doe. 27, 121, 1 
 
 200. Newcomho, Be)oe, 35, 137, 4 
 
 201. Newman, Barton. 98, 35, 
 
 2,3. 
 
 202. Newton, Metropolitan Ev, 
 
 234, 59. 
 
 203. Newton, Walker. 3, 7, 2 
 
 204. Nunn, Barlow. 207-8, 7, 2, 3. 
 
 
 
 205. O'Brien, Tysson 84, 3. 
 
 206. Oldfield, Cobbett. 240, 67, 8, 
 
 la. 
 
 207. Oliphant, 103-4, 63 
 
 208. Ormond (re), 35, 137, 2. 
 
 209. Osmond (re), 18, 65a, 3. 
 
 P. 
 
 210. Pallison, Ord. 17, 60, 6a. 
 
 211. Panchard, Weger, 102, 55; 
 
 104, 68b. 
 
 212. Parker, Duncan. 90, 42, 1 
 
 213. Parker, Hodgson. 165, 8, 2 
 
 214. Parkinson, Chambers. 239-40, 
 
 67, 8, 13. 
 
 215. Partington. Reynolds. 48, 
 
 7a, 1. 
 
 216. Pemberton. 83, 30, 2. 
 21 6« Perry (re). 2 Curt. 655. 
 
 217. Pett, 60, 33, P. 
 
 218. Phillips, Bignell. 12, 48, 3, 
 
 1. 
 
 219. Phillips, Bury. 4, 7, 9. 
 
 220. Philpott, St. George's Hos- 
 
 pital. 170-1,2,2 
 
 221. Pitt (re) :— Lacey, Stone. 
 
 174-5, 18, 2. 
 
 222. Podmore, Whatt n, 35, 137, 
 
 12 ; 86, 27, 1 
 
 223. Porter's Trust. 88, 35fe. 
 
 224. Powell, Hulkes. 97, 35, 1 
 
 225. Prentice, London. 3, 7, 5, 1 
 
 226. Pritt, Clay, 237, 62, 2, 3, 1 
 
 R. 
 
 227. Ramsden, Hylton. 237, 62, 
 
 •2, 3, 2. 
 
 228. Ravenscroft, Workman. 175-6, 
 
 22, 2.
 
 TABLE OF CASES A. 
 
 229. Eawlinson, Burnett. 198, 
 
 24,4. 
 
 230. Reeves, Ward. 12, 48, 1, 2; 
 
 107 E. 2, 2, 2. 
 
 231. Reginca, Hastings. 65 B. 3; 
 
 138-42, 3 a, h. 
 
 232. Reg. Price. 201, 4, 1. 
 
 233. Reg. Stephenson. 201, 4, 2. 
 
 234. Richards. 30, 5 c. 
 
 235. Rickard, Robson. 176, 26, 2. 
 
 236. Ridge, Morrison. 162, la, 3. 
 
 237. Roberts, Phillips. 82, 4, 2. 
 
 238. Roberts. 12, 48, 3, 2. 
 
 239. Robertson, Quiddington. 216, 
 
 2a, 2. 
 
 240. Robinson, Pett. 100, 2-5 ; 
 
 101, 48, 1, 1. 
 
 241. Robinson. 224, 4, 1. 
 
 242. Rogers, Cooper. 239-40, 67, 8, 
 
 1,4. 
 
 243. Rolls, Pearce. 212, 4a, 3. 
 
 244. Rose. 82, 8, 2. 
 
 245. Rownson. 11, 38, 1, 2. 
 
 246. Russell. 4, 7, 6. 
 
 s. 
 
 247. Salterthwaite, Powell, 6, 
 
 20, 2. 
 
 248. Sawbridge, Hill. 35, 137, 10. 
 
 249. Sefton, Hop wood. 91, 43. 
 
 250. Selwyn, 18, 64, 2. 
 
 251. Sewell, Crew-Read. 172, 11, 
 
 2,2. 
 
 252. Sharnian, Rndd. 207, 7, 1, 
 
 1 ; 208, 8, 2. 
 
 253. Sibout, Kirknian. 191, I9b, 
 
 1,1. 
 
 254. Sichel, Raphael. 230, 51, 5, 4. 
 
 255. Siliick, Booth. 29,4, 3. 
 
 256. Smee, 84, 15, 1. 
 
 257. Smith, 238, 63, 6. 
 
 258. Smith, Armitage. 48, 7a, 1. 
 
 259. Smith, Cason. 212, 7, 4. 
 
 260. Snape, Webb. 35, 137, 8a. 
 
 261. Snecsby, Thorne. 4, 8, 1,2; 
 
 95, 17 
 
 262. Solomon, Bank of England. 
 
 106, 78, 1. 
 
 263. Southmead. 17, 60, 9, 2. 
 
 264. Spencer's Will. 83-i, 10, 2, 2. 
 
 265. Spivey, Webster. 3, 7, 1, 228- 
 
 9, 49, 3, 3. 
 
 266. Stacey, Elph. 210, 4, 1. 
 266a. Stahlselmidt, Lett. 1 Sma. & 
 
 Giff. 415. 
 
 267. Stainton. 37, 137, 15. 
 
 268. Stanley. 63, 11, P. 
 
 269. Stanley, Bernes, 5, 16, 3. 
 
 270. Stanton, Lambert. 24, 97, 1. 
 270a Stapleton, Cheales. T.L.C. 
 
 724. 
 
 271. Stenning's trusts. 80, 6, 6. 
 271a Strathmore (Earl of). Vane. 
 
 102, 62, 2. 
 
 272. Stratton, Tinton. 18, 606. 
 
 273. Stretch, Pynn. 35, 135. 
 
 274. Sugden, Lord St. Leonards. 
 
 87, 32a-33, 2-4. 
 
 275. Sutton, Smith. 18, 60, 10, 2. 
 
 276. Syer, Gladstone, 161, 4o,2, 2. 
 
 T. 
 
 277. Talbot, Shrewsbury. 81,10, 2, 
 
 278. Tarn, Commercial Bank of 
 
 Sydney. 183, 1, 1. 
 
 279. Tate, Hilbert. 212, 4a, 3, 2. 
 
 280. Taylor, Diplock. 18, 64, 2; 
 
 35, 137, 14,3. 
 
 281. Thompson, Planet B.S. 3, 7, 
 
 5,1.
 
 TABLE OF CASES A. 
 
 282. Thorold. 35, 137, 6. 
 
 283. Thwaite, Galloway, 35, 137, 
 
 11, 4, 
 
 284. Thompson. 239-40, Q7, 8, 
 
 1,5. 
 
 285. Thynne, Stauliope. 82, 8, 1. 
 
 286. Tickner, Smith. 198,4, 36. 
 
 287. Tidd, Lister. 200, 12a. 
 
 288. Tim 111 is, Piatt. 96, 27, 2. 
 
 289. Tribe, 83, 9, 5, 2. 
 
 290. TugweU, Hayman. 12, 48, 4 ; 
 
 107 E., 2, 6. 
 
 u. 
 
 290rt Udney, L. E. 1 H. L. Sc. App. 
 441." 
 
 V. 
 
 291. Viucenze, Fiederici. 35, 137, 
 
 14, 4. 
 
 292. Vyse, Foster. 2536, 1, 2. 
 
 w. 
 
 293. Walker, Gammage, 25, 100, 
 
 3 ; 34, 131, 9. 
 
 294. Wallis, Hodson. 58-9, 9 P. 
 
 295. Walsh, 55 A, 2. 
 
 296. Ward, Turner. 211, 836, 1 ; 
 
 213, 9, 1. 
 
 297. Waring, 83, 9, 4, 1. 
 
 298. Wan en (7-0,35, 137,3. 
 
 299. Watson, Saul. 169, 29a. 
 299a Watten, Smith. 4 Mad. 325. 
 
 300. Weir, 21, 7Q, 9. 
 
 301. Welthorp, Hill, 231, 6, 2, 
 
 302. Werner, Humphreys, 191,196, 
 
 1,2. 
 
 303. West, Willby. 35, 137, 86. 
 
 304. Wheeler, 6, 19; 89, 38, 3, 2; 
 
 90, 41. 
 
 305. Whithead, Taylor, 98, 36, 2 : 
 
 183, 7. 
 
 306. Wilkinson 100, 3. 
 
 307. WnUams, 23, 88. 
 
 308. Williaois, 201, 7. 
 
 309. Williams, Kershaw. 175,21,3. 
 
 310. Wilson, Coxwell. 207, 7, 1, 2. 
 
 311. Wilson, Wigg. 191, 19a, 1, 2. 
 
 312. Winehouse. 48, 10, 2, 2 ; 50, 
 
 17,2. 
 
 313. Wing, Angrave. 90, 41. 
 
 314. Wingrove, 91, 44. 
 
 315. Winsor, Pratt. 89, 37. 
 
 316. Woodward, Goulstone. 87, 
 
 32a, 3. 
 316a Womersley (re), 29 Ch. Dn. 
 557; 53 L. 260; 33 W. R. 
 935. 
 
 317. Wright, Monarch, &c., 3, 7, 
 
 5, 1. 
 
 Y. 
 
 318. Young. 5, 15, 2. 
 
 319. Zambaco, Cassavetti. 51, 25, 2.
 
 '' Ti ?? 
 
 TABLE OP CASES :-" B. 
 
 (B.) " Cases " (Supplemental Table of the cited) contained in 
 Table A., arranged under alphabetical " classifications " or headings of the 
 various subjects to ivhich they respectively relate. 
 Explanation of, or " hey " to the numbers set forth after the following 
 
 cases : — Instead of repeating the (a) cases, and (&) pages, &c. 
 where same may be found, (contained in " Table A."), it has been 
 deemed sufficient, for brevity's sake, to simply include herein the 
 corresponding number of each case in Table A., which will readily 
 enable the practitioner to select such cases as he may require under 
 any given head. 
 A. Administration of a deceased's estate in the Chancery 
 
 Division (pars. 1-10 incl.) 
 
 1 — Bequest (effect of a specific) to A. in conson, whereof (a) he shall pay 
 
 testor's debts (which far exceeds its value), and (b) testor makes him 
 
 his (1) exor, and (2) residuary legatee, 77, 129, 148, 186, 276. 
 2 — Bond or covt under seal : — class wherein same is payable in an 
 
 ordinary a/c. 99. 
 3 — Debts (payment of) : — order in which, under a judgment, assets of 
 
 various descriptions are administered therefor. 8. 
 4 — (1) Decree (effect of a general admon) or (2) judgment: — 182, 
 
 173, 312. 
 5 — Default (charging an executor ivith wilful) under (a) an admon 
 
 stimmons, or (b) order:— 67, 98, 106, 119-20, 161, 215, 258. 
 6 — hisolvent (an) deced : — rules prevailing in the Court's admon of his 
 
 assets, insufficient for full payment of his debts, 146-7, 173, 312. 
 7 — (1) Insolvent (an), and (2) a solvent c^ecerZ :— order of admon, 
 
 inter se, of legal assets amongst certain specified Crs, 18, 163, 209. 
 8 — Order of admon, inter se, of legal assets amongst certain specified 
 
 Crs, 18, 163, 209. 
 9—Bef2isal (when) by Ct of an admon. (a) judgment, or (b) order is 
 
 justifiable, 60, 87.
 
 TABLE OF CASES B. 
 
 10_]t^,-,7.s- (rfft'ct of 2) for tlie said admon, 59, 319. 
 
 A. 1. Administratorships : — M t^^e most important cases relating 
 
 thereto (jpars 1-51 incl.) 
 1 — Absence (presumption of law as to the) abroad of an intestate 
 
 (unheard of for upwards of 7 yrs), 199. 
 2 — Actions (1) against, and (2) by(rt) an adnior, or (&) exor, 93. 
 3 — Administration generally, 11, 44, 55, 255. 
 4 — Administrators under specified illustrative intestacies: — 27a, 28, 78a, 
 
 166, 270. 
 6 — Advice (when Court's) is unobtainable, without a/c, by an 
 
 admor, 145. 
 6 — Alien (an) may be an admor, 62. 
 7 — Assignment (an) of leaseholds by one of several admors : — conflict of 
 
 decisions as to its legality, 150-155. 
 8 — Attorney (admon. to an), (1) resident abroad, or (2) in Scot- 
 land, 20, 29. 
 9 — Attorney (an admor's (1) liabilities, and (2) rights under a Power 
 
 of), 123. 
 10 — Attorney (a regularly-executed Power of) is unnecessary, 196. 
 11 — Bankruptcy of the applicant for Letters of Admon, &c., 27. 
 12 — Bond (condition of a) given by a Creditor-applicant therefor, 44. 
 13 — Bond (procedure agst sureties where condition of a) is broken, 318. 
 14 — Bond (a joint) must be given by joint admors, 269. 
 15 — Burial (deced's) in a manner suitable to the estate left, 95, 230. 
 16 — " Capita {per) " : — where children of a deced daughter or son so 
 
 shai-e, 295. 
 17 — (1) Collection (admor's) or (2) realization of all intestate's person- 
 alty, 138. 
 18 — " Commorientes," &c. — 304. 
 
 19 — Contested (rule as to a) application for a grant of Letters, &c., 74. 
 2<J — Conveyance of the legal estate by (a) an admor ox (h) "legal 
 
 personal representative " in 5 specified cases, 172. 
 2\— Costs (when the Ct will deprive an admor of the) of an a/c 
 
 brought agst or hy {tvherein jiulgment is recovered agst) him, 147, 286. 
 2- — Creditor (cases wherein grants are made to a), 185. 
 2'.i— Creditor (requisites of a) applicant's fileable afEt of amt of 
 
 estate, 180, 229. 
 24 — Creditor's (costs on a) ejectment from the admorship, 21, 100. 
 24^1— Death (surviving "contractor's" resi^ective (1) remedies, and (2) 
 
 rights on the) of either party to a contract, 31, 64, 288.
 
 TABLE OF CASES B. XXXl 
 
 25 — "Devastavit" (when a) is not committed l)y an admor, 108, 245. 
 
 26 — " Domicile " (French) of an intestate Britisher, 40. 
 
 27 — (1) Domicile (distribution, according to French law, of ppty here 
 
 of an intestate Britisher ivJio has acquired a cle facto), and (2) is 
 
 resident in France : — 131a. 
 28 — Farmer's (administration of a) personal estate and effects, 234. 
 29 — Grant (10 classes or forms of) : — (1) Cessate, 1 ; (2) Cceterorum, 
 
 42 ; (3) Colligenda, 68 ; (4) De bonis non administratis, 61, 263 ; (5) 
 
 De bonis non cum testamento annexo, xohere there is no exor apptd, 88 ; 
 
 (6) Durante absentia, 210 ; (7) Durante minore cetate, 130 ; (8) 
 
 Litem (ad) 66 ; (9) Lunatics, &c., 263, and (10) Pendente lite, 275. 
 30 — Grant (admor's duty to obtain a) of Letters of Admon, &c., 290. 
 31 — Guardian of a minor of whole is preferred to half blood, 272. 
 32 — " Hotchpot " (advancements to be brought into), 43. 
 33 — Hiisband's exclusion from a share of his wife's effects, 190. 
 34 — Husband's (surviving) right to admon to his wife's estate, 250, 280. 
 35 — Inventory ("exhibition " of an) of intestate's personalty, 218, 238. 
 36 — *' Joint admon" is only granted on consent, 84. 
 37 — " Justifying-sureties " (7 cases ^vherein) are required by Rules of Ct 
 
 to an " Admon Bond " : — 
 
 1. Absentee's (to protect an) rights, 105, 188. 
 
 2. Appointee's (practice on the) failure to act, 82. 
 
 3. Increasing (on) the duty on a grant (vide sub-par. 6a), 300. 
 
 4. Lost (a) will, the contents whereof were known, 58. 
 
 5. Minor (on a) (1) attaining 21, and (2) taking grant, 1. 
 
 6. Receivership (a) for a temporary purpose, 154. 
 
 6a. " Ee-swearing (on) estate under a larger amt (vide sub-2:)ar. 3), 
 300. 
 
 7. Unsuccessful (an) appUcant for a grant, 72. 
 
 38 — Lease (liability of an admor on a) to his intestate : — 40, 271a. 
 
 39 — Limitation (Court's advice is unobtainable, without action, by an 
 
 admor, as to the effect of a) in an instrument, 145. 
 40 — Loan (an admor's negotiation of a) is illegal, 107. 
 41 — Nephew (when a) is entitled to a grant of Letters, &c., 307-8. 
 42 — Next-of-Kin (grant to wife's) in absence of proof of husband's 
 
 survival, 250, 280. 
 43 — Next-of-Kin (order in which) are legally entitled to a grant, as 
 
 regards " priority of claim " to administer an intestate's estate, 
 
 166, 270. 
 44 — Preference (attempted) by a t!r-admor over other Crs, 44.
 
 XXXii TABLE OF CASES B. 
 
 45 — " Priori petenti" ( 2 applicants of equal right), 74. 
 
 40 — Retainer, Sc, of a debt (althougli statute-barred) due to (a) an 
 
 adnior., or (5) exor :— 57a, 134, 157, 166a, 204, 252, 266a, 310. 
 47 — Selection (1st general) of an admor, &c., 167a. 
 4^ — " Stirpes (per) : " — when next-of-kin so take personalty, 169, 198, 
 
 293. 
 49— Sureties (no) on " transfer " of ppty to Acct-Gl. of old Cli Ct :— 70. 
 50 — Survival (onus of provincj) in Commorientes • — 247. 
 51 — Widow's (a) right to adraon to her husband's estate, unless 
 
 objections prevail, 273. 
 
 A. 2 (1) Annuity (effect upon an) (a) charged specifically by will 
 upon realty, and (h) insuflBciency (after absorption of pslty), to keep 
 down payments, &c., and (2) effect upon general legacies, 45, 49, 80. 
 
 A 3. Arbitration (reference of disputed matters to) : — 176, 203, 219, 
 225, 246, 265, 281, 317. 
 
 A 4. Assignment (an) of leaseholds, 202, 261. 
 
 C (1). " Charities,' ' and (2) ''Mortmain'' : — vide pars. L. 2, and 
 M. 1. 
 
 C 1. Chose-in-action (result, as to a married woman's), unreduced 
 into possession by her husband (survivor) in his lifetime, 109. 
 
 C 2. Construction (doubtful) of (a) a marriage settlement, or (b) 
 will, 112. 
 
 C 3. Conversion (constructive) : — equitable doctrine thereof as laid 
 down in Fletcher v. Ashburner, 110. 
 
 C 4. Conversion (an exor's duty as to the) of " wasting ppty " 
 included in a general residuary bequest, 51, 149. 
 
 C 5. Conversion (when sl joint) is necessary, 143. 
 
 C 6. Covenant (husband's), in his marriage-settlement, to leave by 
 his will, ^10,000 to his wife, 34. 
 
 C 7. " Cremation " ( (1) collection, and (2) burial of the ashes after), 
 and (3) reading of the Burial-Service, pursuant to deced's wishes, 90. 
 
 C 8. " Cremation " (2 cases wherein) amounts to a misdemeanour* 
 232-3. 
 
 D.l- — Death (surviving " contractor's " respective (1) remedies, and 
 (2) rights on the) of either party to a contract, 31, 64, 288. 
 
 D 2. " Domicil" (lex domicilii) of a married woman, during 
 coverture, 164a, 290r/. 
 
 D 3. "Donatio mortis causa" :— 16, 75, 139, 193, 243, 259, 279 
 296. 
 
 E. ''Emblements" : — Leivis Bowles* case, 41.
 
 TABLE op CASES B. 
 
 El." Executorships " :—all the most important canes rrlating 
 thereto (pars. 1-32 incL). 
 
 1 — Accounts (exorship) : — the effect of delay in taking yame, 35. 
 2 — "Acts (administrative) ," compelling an exor to prove will, 171. 
 3 — Acts (ante-pbte), performable by an exor before pbte, 193, 278. 
 Za— Appointment of exors of 2 or more consistent wills, 195. 
 4 — Assigtiability (no)i) of an exorship, 4. 
 5 — Bankruptcy (exor's) is not a disqualification for the office, but 
 
 security may be required, 91, 146. 
 6 — Conditional (a) exorshiji, 89. 
 7 — " Contracts" whereon exors (as such) are generally (a) liable, and (b) 
 
 can sue, 311. 
 8 — " Contracts " whereon an action is not maintainable agst an exor for 
 
 his testor's non-performance thereof, 64, 253, 302. 
 8fl — Conveyance of legal estate by a " legal personal representative " in 
 
 5 sijecified cases, 172. 
 86 — Costs (when the Ct will deprive an exor of the) of an action broiight 
 
 against or hy (toherein jitdgment is recovered agst) him, 147, 286. 
 9 — Death (equitable rule as to effect of) of 1 of 2 joint "bond- 
 obligors," 162. 
 10 — Death (respective (1) remedies, and (2) rights of "contractors" on) 
 
 of either party to a contract, 31, 64, 288. 
 U~Debts (payment of) by exors.— 3, 132, 173, 252, 312. 
 12 — " De son tort" exor: — when his discharge avails agst a legal exor's 
 
 action, 139o. 
 12a — " Devastavit" (when a) is not committed by an exor, 108, 245. 
 13 — " Disclaimer " (what amounts to a) of a trust, where personalty is 
 
 bequeathed to exors as trees, 124, 266. 
 14 — Distress (exor's ratification of his testator's) viarrant, SiC, 305. 
 \b— Distribution (bond -fide) of assets by an exor upon what turns out to 
 
 be a wrong principle, 151, 201, 224. 
 16 — " Eligibles " : — persons eligible for an exorship, 85. 
 17 — " Executor of an executor " : — 49rt. 
 18 — " In forma pauperis" : — when an exor may so sue, 101, 178,206, 
 
 214, 242, 284. 
 18ft — Lease (liability of an exor on a) to his testator, 40, 271«. 
 19— Legatee (a) without any specific dvities, 207. 
 19a — Limitation (Court's advice is unobtainable, without action, by an 
 
 exor, as to the effect of a) in an instr^iment, 145. 
 20 — Limited executorships, &c., 4. 
 
 c
 
 XXXIV TABLE OF CASES B. 
 
 21 — Loan (an exor's negotiation of a) is illegal, 107. 
 
 22 — Lunatic (appt of a) exor's " Committee " as admor, 103. 
 
 22a — " Pauperis (in forma) " : — vide par. 18 as to when an exor may so 
 
 sue. 
 23 — Probate (exor's duty to obtain a grant of) of testor's will, &c., 290. 
 24 — Receipt (effect of an exor joining in a), 47. 
 25 — Release (cases wlierein a), &c., may be refused, 63, 164. 
 26 — Renunciation (effect of a) of exorsliip, where pslty is bequeathed to 
 
 exors as trees, 124, 266. 
 27 — Responsibilities (exors') for each other's acts. 
 
 27a — Retainer {exor's) of a debt, &c., vide " Administratorships," par. 46. 
 28 — Security requirable on an exor's bankruptcy, 91, 146. 
 29 — Tenor (exor according to the) of the will, 50. 
 30 — Tenor (examples of an exor according to) of will, 113, 116, 126. 
 31 — Transfer (void) by one (a) co-exor, or (b) co-trees of (1) bank, or 
 
 (2) Railway Stock, registered in names of all, 25, 262. 
 32 — Unassignable (an executorship is) , 4. 
 
 G. "Goodwill " of deceased's biisiness :~10, 33, 156, 181, 239. 
 
 L. Lapse of personalty, &c., 2. 
 
 L 1. " Legacies .*" — M the most important cases relating thereto 
 (pars. 1-12 incl.) 
 
 1 — Accumulative (an) Legacy. — 144, 152, 236. 
 2 — Bonus (right to the) of shares in a Company, 38, 115. 
 S— Death (effect of the legatee's), 213 
 4 — Follow ( (1) claimants and (2) creditors right to) assets in legatee's 
 
 hands, 69, 301. 
 5 — Limitation (effect of the Statutes of) thereon, 299. 
 6 — '^Residue" (as to) in case specified in A. 1 (Admon), &c., 129, 148, 
 
 186, 276. 
 7 — Residue (rule where a legacy is followed by a gift of the) of realty 
 
 and pslty, 118. 
 S— Satisfaction thereof :— 94a, 299a. 
 9—" Specific " legacies, 37, 115. 
 10— " Substitutional" legacies, 121, 142, 175. 
 11 — Two (legatee's rights as to) distinct legacies by will (a) one beneficial 
 
 and (b) the other onerous, 129. 
 12—" Vested" Lrgncir^, 270a. 
 
 L 2. (1) Legacies to Charities, and (2) Mortmain : — Charit- 
 
 able (a) legacies and (b) trusts. 
 
 1 — (1) Almshouses, or (2) hospital : — charital)le legacies therefor, 15, 220.
 
 TABLE OF OASES B, XXXV 
 
 2 — "Marshalling " (by Ct.) of assets in favour of a charity, 165, 221. 
 3 — ■Payability of a charitable legacy : — ppty out of which it is payable 
 
 where the will contains no special directions on the point, 141, 309. 
 4^— Payment (effect of testor's directions for) of a charital)lo legacy 
 
 exclusively out of pure personalty, 9, 13, 228. 
 5 — Re-building (effect of a bequest of Consols to be applied in) (a) a 
 
 parsonag-e-house, or (b) public hospital respectively, 14, 81, 251. 
 6 — " Secret charitable trust, '^ 5. 
 7 — Trust (effect of a) for keeping in repair (a) a monument, or (6) 
 
 painted window (1) in, and (2) forming part of a chtcrch, 73, 140. 
 8 —Trust (effect of a) for keeping up a family tomb, separate from a 
 
 church, 235. 
 9 — Will (silent) : — ppty out of which, &c. (vide sub-par. 3), 141, 309. 
 
 M. "Marshalling" of (a) assets, and (b) securities. 6, 
 
 23, 287. 
 
 M 1. ''Mortmain'' or gifts to " charitable uses":— 78, 96, 133, 137, 
 205, 264. 
 
 JV. " Ne-exeat-regno" (exon of a writ of) a,ga.inst a.n " ahsco7iding " 
 tree, 254. 
 
 P. Partnership (a beneficiary's action in respect of a) carried on by 
 exors, 292. 
 
 P 1. Purchase Money (precautions to be taken on a pchr's behalf 
 on payment of his) to trustees, 28, 111. 
 
 B. Register (when a) booh, &c., is admissible in evidence, 131, 233. 
 
 R\. Release (a) is generally governed by the ''recitals'' therein, 
 226-7. 
 
 R 1. Renunciation, &c. — an exor (a) cannot renounce pbte of 1st 
 will, and (&) take pbte of 2nd, 216rt. 
 
 R 2. " Representation " (transmission of the chain of) by surviving 
 exor, alone is allowed, &c., 257. 
 
 T. Trustees ((1) some of the cases relating to) are contained in 
 the " Executor ship-cases," and (2) all the others of importance are con- 
 tained in App. T., under their proper heading of " Trusteeships." 
 
 W. Writ (exon of a) of " we exeat regno " agst an " absconding " tree, 
 254. 
 
 c 2
 
 xxxvi "cautions" or precautions, etc. 
 
 (C) " Cautions " or Precautions, &c., observable in the following 
 
 cases, viz. : — 
 
 1 — Accountant (when an) is employable, &c. — 178, 5&, 1. 
 
 2 — Accounts usually required to be taken after death : — vide par. 2 (1). 
 
 2a — Accotints (Special Estate), &c. — vide tvork No. 3. 
 
 3 — Advancing duty, &c., pending a grant : — p. 71, B. 2. 
 
 4 — Advice (matters wherein a Solr's) should always be taken : — 177-8, 5, 
 
 1-2 a and h. 
 5 — " Ante-probate " (an alphabetically classified schedule of the various) 
 
 acts performable by an exor before he obtains pbte, 182/3, 10. 
 6 — Apportionment (stat^dory) of (1) annuities, (2) Consols, (3) rents, 
 and (4) other periodical payments of a current year's income 
 when necessary, (a) 183-4, 4a, and (h) 184-5, 5, 
 6a — Arbitration (admor's, &c., personal liability for costs in a submission 
 
 of disputed matters to) : — 3, 7, 1. 
 66 — Arbitration (on the submission of disputed matters to) : — 3, 7, 1. 
 7 — (1) Auctioneer, and (2) licensed valuer : — as t ) his employment, vide 
 
 178, ob (N.B. 2). 
 7a — Broker (employment of a) for Stock Exchange transactions for (1) 
 
 investment, or (2) sale only : — vide " Brokerages, &c.," par. B. ante. 
 7b — Business (deced's) : — vide the important points connected therewith, 
 
 189, 10. 
 8 — Cash in any (a) agent's hands, or (b) bank, &c. :— 189-90, 16, 1-2. 
 8a — Cestui-que-trust : — his rights where a trustee keeps trust-funds in 
 
 his own hands, 190, 17. 
 9 — Cheques : — precautions observable in order to prevent (1) forgeries, 
 
 and (2) frauds in connection therewith, 73, 12, 1-6. 
 10 — Cheques (suggested procedure as to signing) : — 72, 8, 1-2 
 11 — Collection (exors' personal) of the estate is generally necessary. 
 12 — Collector (when a reliable) of (1) book debts or (2) rents must be 
 
 employed: — 178, 5b, 6, 6a, 6b. 
 13 — Controller (official letter from) of the Legacy and Succession Duty 
 Office, received in due course after grant, must be promptly 
 attended to : — 
 13a — Conversion of estate or "realisation of assets": — exor's duty in 
 
 relation thereto :— 191-5, 20, 22. 
 14 — Costs (admor's, &c., personal liability for), &c. : — 3, 7, 1. 
 15 — Creditor (a) can sue for a debt immediately after a grant, &c. 
 16 — Death (effect of)oi a j arty or parties in certain specified cases, 
 202-3, 266, 5.
 
 "cautions" or precautions, ktc. xxxvii 
 
 16a — Death (husband's admon to lier share on the) of a married woman 
 
 legatee before a final distribution : — reasons therefor, 10, 30, 1-3. 
 17m — Debt due from an exor to his testor : — effect of a Cr (a) appointing 
 
 his dr exor of his will, and (6) then dying, 203, 27, 5. 
 17a— (1) Debtors (joint), and (2) liability (joint) :— 203, 27a, 3. 
 17b 7n — Debts (payment of all just) owing by deced (pursuant to a " statu- 
 tory notice to Crs "),out of his personalty : — (1) 203-6, 28, 18; (2) 
 
 233-4, 56, 9. 
 17c — Distribution (a) of assets amongst beneficiaries must not take place 
 
 until all (1) debts and (2) liabilities are (a) paid, or (b) provided 
 
 for : — 
 I'S— Distribution (a- deferred) of capital or corpus U7itil a life-tenant's 
 
 death .—210, 316, 1. 
 1^— Distribution (interim) interest ajc : — vide " Estate-accounts ^ 
 20 — Dividend (unpaid) warrants found amongst deced' s papers : — 87a. 
 21 — " Estate-accounts " : — vide (1) observations upon the schedule of 
 
 particulars generally required therein, and (2) as to the necessary 
 
 precautions in the (a) preparation, and (&) completion thereof, con- 
 tained in work No. 3 ("Estate-accounts, &c."). 
 22 — " Estate papers " ; — suggested course to keep same in strict order, 
 
 34, 1-3. 
 23 — Evidence adducible by beneficiaries of their relationship (if any) to 
 
 testor :— App. E., 79, 3, 3a, 36. 
 23a — " Executors' " disabilities, &c. : — vide Apjp. E 1, pp. 94-106 incl. 
 236 — "Exemptions" (15 statutory) from (1) admon or (2) pbte: — (a) 
 
 vide " Somerset House Guide," j). 31, par. 45, pars. 1-15 incl., 
 
 therefor, and (6) ascertain (before ajjplon for grt), if the estate falls 
 
 within the same. 
 23c — Exemptions (statutory) from (a) stamp-duty, or (b) further duty : — 
 
 vide " Somerset House Guide," pp. 32-5, par. 46, sub-pars. 1-19 incl. 
 
 therefor. 
 24 — Exor (an), but not an admor, of ayi exor represents the original 
 
 testor. 
 24a — Farm-produce (a bequest of) : — vide p. 164, par. 12. 
 25 — Farming (liquidation of liabilities on) (1) covts, and (2) leases : — 
 
 secure exoneration from further hability thereon — vide p. 219, 
 
 par. 3, 1-3. 
 26 — " Folloiving (by (1) claimants, (2) farm-lessor, and (3) unpaid Crs) of 
 
 assets " in the hands of (a) next-of-kin, or (b) residuary legatees : — 
 
 231, 6.
 
 XXXVlii " CAUTIONS ' OR PRECAUTIONS, ETC. 
 
 26a — " Fra^uls-prevent{on scheme" : — vide App. F 1, pp, 127-149 iticl. 
 27 — Funeral expenses : — if (1) disproportionate to value of estate, or (2) 
 
 othermse excessive, are certain to be (a) challenged, and (h) a full 
 
 explanation demanded (vide p. 214, par. 37 (2), sub-par. 2 (1-2). 
 28 — Fiineral (ivJien exors are personally responsible for) exps : — 215, 
 
 S7a, 6. 
 29m — Ftirniture (a life-tenant of) must be required to (1) furnish, and 
 
 (2) sign (a) an "Inventory" and '^ Undertaking" to take proper 
 
 care thereof : — 215, 38. 
 ZOm — Goodwill of deced's business: — vide pp. 215-18, 39, 1-19 i7icl. as to 
 
 the (1) laiv, and (2) practice connected therewith. 
 31m — Indemnity (as to securing exoneration or a statutory) from further 
 
 liability in respect of certain specified claims, &c. : — vide pp. 218-20, 
 
 40, 1-19 inch 
 32 — Infant (investment of an) legatee's share: — 103, 62a (1 and 8). 
 33 — Insurance of (1) mortgaged, and (2) unincumbered (a) freeholds or 
 
 (b) leaseholds against fire : — 221-3, 1-8 incl. 
 34 — Interest (when) is (1) addible or (2) payable : — 223, 43, 1-10 incl. 
 35 — Investment of trxist-funds by trustees : — as to their several (1) duties, 
 
 (2) liabilities, (3) rights, and (4) remedies in relation thereto, vide 
 
 (a) pp. 223-5, ^ars. 1-12 incl, and (b) " The Trustee Act, '93," s. 1. 
 36 — Investment of capital or corpus until a life-tenant's death : — 210, 
 
 316, 1. 
 37 — Investment (as to the) of proceeds of sale of "wasting-property" 
 
 included in a general residuary bequest, to be enjoyed by persons in 
 
 succession : — 194, 45(x, 20. 
 38 — Investment of trust moneys in land: — " Precautions thereon," 225, 
 
 45&, 1-4. 
 39 — Investments (authorised) : — vide (1) " Trust Funds Invt Act '89," 
 
 (2) companies included therein, (3) " Observations " thereon, and 
 
 (4) " The Trustee Act, '93," s. 1 :— pp. 335-7, and 347-9, 2 (1-13). 
 40 — Investments on mortgage by (a) a life-tenant, or (b) trustees: — 225-6, 
 
 46, 1-2. 
 41 — Investments (statutory) under Siipreme Ct Rules, '88 : — 226-7, 47, 1-6. 
 41a — Legacies (precautions in dealing with) : — vide (1) Appendices 
 
 L. and L 1, pp. 161-176, and (2) "Procedure," par. 246. 
 42 — Losses (as to the various) falling upon exors personally for certain 
 
 specified (a) acts or (6) omissions, &c. : — vide pp. 228-9,49, 1-9 incl. 
 ^—Married women : — vide pp. 229-30, 50, 1-2, as to their several (a) 
 
 disabilities, (2) remedies, and (3) rights.
 
 "cautions or precautions, etc. XXXIX 
 
 44 — Mortgage (on exors offering tester's leaseholds for) to enable them to 
 
 pay his debts : — (1) ordinary questions, and (2) any other special 
 
 qns applicable and necessary to the exceptional circumstances (if 
 
 any) connected with the required loan, to be (a) submitted by the 
 
 intended mtgee's solr to, and (6) answered by the exor-mtgors') : — 
 
 120-1, 11, 1-13. 
 45 — Mortgage (precautions observable (a) prior to, and (b) on the 
 
 execution of a) by exors, to enable them to pay the testor's debts : — 
 
 120, 10, 1-2. 
 46 — Mortgaged leaseholds : — mtges thereon are deductable from value 
 
 (31/2 V. c. 124). 
 47 — " Ne exeat regno " (ivrit of) against an " absconding trustee'' : — 230-1, 
 
 51, 1-5. 
 48 — Notice (statutory) to Crs tinder 22/3 V. c. 35 : — as to the necessary 
 
 insertions, vide 230-1, 52, 1-2. 
 48a — Notice (statutory) to Crs, &c. : — when more care is necessary to 
 
 advertise sufficiently, 233, 16. 
 49 — Notices (miscellaneous formal written) : — vide (1) 2^<^'>'- N., p.xlix.-liv., 
 
 and (2) App. N. (249-50, 1-16 incl.) for the various cases wherein 
 
 such notices are generally required. 
 50 — Ordinary busi7iess acts performable by exors cannot be delegated to a 
 
 Solr:— 179, 9. 
 51 — " Outstanding a/cs " above £1 : — reason why same should be paid by 
 
 cheque. 
 52 — OverlooJc (don't) debts of testor as (1) a co-director, (2) guarantor 
 
 for " relatives' a/cs," or (3) mortgagor : — 
 53 — Papers ( (1) Estate, and (2) Miscellaneous) : — 34, 1-3. 
 54 — Partner-ship : — miscellaneous matters relating to the reciprocal (a) 
 
 obligations, (b) rights, and (c) remedies of a deced partner's (1) 
 
 admor, (2) or exor, and (3) the surviving partners : — vide p. 233> 
 
 pars. 54, 54a- and b. 
 55 — " Passing over" or excluding an exor from the exorship : — vide p. 233, 
 
 par. 55, sub-pars. 1-5 incl. as to the Court's statutory powers 
 
 therefor. 
 56 — Payment (an exor's duty in relation to the legal classified order of) 
 
 by him of all the ascertained " estate liabilities," before legacies : — 
 
 233-4, 56, 1-9. 
 5 7 — '^^ Poor-rate" payable in respect of deced' s cottage-property: — 
 
 compound therefor (by the usual printed form of agrt, obtainable 
 from Collector), with Overseers of Poor.
 
 xl "cautions" or precautions, etc. 
 
 58 — Poicer ( (1 lialilities and (2) rights of an admor under a) of 
 
 Attorney ;— 25, 102, 1-2. 
 59 — " Preference " (when an exor^s right of) or payment of one Cr before 
 
 an J other Crs, even if his debt be statute-barred, will be (1) dis- 
 allowed and (2) exercisable resply : — 234, 57, 1-4. 
 60 — "Preserve" {for future reference, if, and when required), all (1) 
 
 books, and (2) papers, &c., relating to deced's (a) estate, and (h) 
 
 private affairs respectively. 
 t)l — " Probate " (constituting the exor's only (1) proper title, and (2) 
 
 authority to act after grant), must be obtained within 6 mos after 
 
 testor's death, otherwise statutory penalties are incurred {vide 
 
 " Somerset House Guide," p. 54, j^ar. 4). 
 62 — Production of every (1) deed or instrument, or (2) a copy thereof, 
 
 affecting ppty comprised in an a/'c must be sent for examination 
 
 with Residuary a/c : — vide " Somerset House Guide," p. 14, 
 
 par. 20. 
 63 — " Profits " made by an exor's application of assets (a) in his trade 
 
 or (b) to his own use — 234, 58, 1. 
 63a — Profits (as to) out of assets emi>loyed in testor's trade : — 234, 
 
 58,2. 
 636 — Profits (as to partnership) : — 234, 58a. 
 64 — Purchase-money (reason why payment of) before pbte cannot be 
 
 compelled : — 234. 59. 
 65 — Purchase (restrictions as to a) at a sale by (a) private treaty, or (b) 
 
 public auction resj^ectively : — 234-5, 60, 1-2, 
 ^Q — Purchaser's (a) Solicitor's 8 " special precautions " on completion of 
 
 a 2Jurchase from a trustee, &c. :— 235-7, 61, 1-7. 
 ^7 — Receipt (exors') for purchase-money, before pbte, is good, but the ivill 
 
 must be eventually proved : — 
 68 — "Release" (a formal deed of): — cases wherein (a) exors and (b) 
 
 trustees of a will should require same, from all adult residuary 
 
 legatees, on a final division : — 237-8, 62, 1. 
 68a— Release (how such a) shoidd be drawn:— 2^7, 62, 2 (1-5). 
 69 — Rent (when a) Collector should he appointed : — 179, 8. 
 70 — " Renunciation " (a) by an exor refusing to accept office must be (1) 
 
 signed and (2) filed. 
 70a — "Report" (Solicitor's Special) to beneficiaries: — vide App. R. 1, 
 
 pp. 265-318 incl. 
 '^'^—"Representation" (connection whereby the "chain" of) may be 
 
 carried on indefinitely: — 238, 63, 1-6.
 
 "cautions" or precautions, etc. xli 
 
 72 — " Reservation of jpoiver" to an unwilling exor (others pro via i^), to 
 
 (1) thereafter come in, and (2) prove, or take ofl&ce : — 
 
 73 — Residuary a/c: — As to the "special precautions" requisite before 
 
 sending it to London Agent for (1) lodgment with, aad (2) 
 
 assessment of duty thereon by the Commrs, &c. — vide " Somerset 
 
 House Guide," pp. 68-70, par. 75, suh-pars. 1-8. 
 73rt — Residuary {miscellaneous "precautions" observable in connection 
 
 with a) a/c subsequent to delivery thereof : — vide " Somerset House 
 
 Guide," p. 70, par. 75d, sub-pars. 1-4. 
 74 — " Residue," £'c. — vide pp. 238-9, pars. 64, 65, and 65a respectively. 
 75 — (1) "Retainer" (exor's improper and unjustifiable), and (2) 
 
 employment in his trade of large unproductive balances of his 
 
 testator's money in his hands : — 239, 66, 1-2. 
 75a — " Retainer, &c. of a debt due to an exor : — 207-8, 7, 1-2. 
 76 — " Rights " (iniscellaneotis) of exors, &c.—vide schedule thereof, 239- 
 
 40, 67, 1-19. 
 77 — Sale (on a) by auction of any portion of the estate : — 178, 56. 
 
 N.B. 1-2. 
 78 — Sale iadmor-vendor' s " precatitions" on preliminary negotiations for a) 
 by private treaty of an intestate's (a) business, and stock-in-trade 
 
 &c. :— 80-1, 9, 1-2. 
 79 — Sale of stock-in-trade by public auction : — vide App. S., p. 319, 
 
 par. c. (3). 
 79a — Sale of " ivasting-ppty," &c., included in a general residuary bequest : 
 
 — vide p. 194, i>ar. 20. 
 80 — Solicitor (ivhen a) is employable, &c. : — 179, 9. 
 81 — "Stock Exchange" (as to) transactions for (1) investment only ; not 
 
 (2) fortnightly settlement — vide " Addenda." 
 
 82 — Stock-in-trade (legacy of testator's) : — vide p. 164, par. 12. 
 
 82a — " Svccessio7i duty a/c " : — vide " Somerset House Guide," pp. 78-85, 
 
 incl. pars. 77 and 78, ior the" precautions," &c., connected therewith. 
 83 — Transfer (applon to Bankers for a) of testors a/c into exors' names : 
 
 78, 20. 
 84 — " Times " ( (1) statutory, and (2) other limitations of) for performance, 
 
 &c., of certain specified acts, &c., must be strictly observed : — 240-1, 
 
 68, 1-18. 
 85 — Transfers, &c., into exors' names on all undertakings, &c., wherein 
 
 testor was interested as a shareholder, &c. 
 86 — " Transmission" (as to) of the exorship on death of (1) a co., (2) 
 
 last surviving, and (3) sole-exor respectively, 97, 27a, 1-3.
 
 Xlil LETTEBS (nECESSARY), ETC. : — SCHEDULE THEREOF. 
 
 87 — Trust-money (as to payment of) into Ct under 10/11 V. c. 96: — 
 
 p. 80, par. 6. 
 87a- — Warrants (unpaid dividend) foiind amongst deced' s papers : — vide 
 
 p. 211, par. 6. 
 876 — " Wasting-pjity " (sale of), &c. — vide par. 79a (ante). 
 88— Watch (a bequest of a), &c. -.—vide (1) p. 163, par. 13-6 (4), and (2), 
 
 164, par. 13 
 89 — " Winding-up (or final distributions ") a/cs : — vide tvorJc No. 3. 
 90 — Wines (a bequest of) : — vide p. 164, par. 12. 
 91— Women (married) :— 229-30, 50, 1-2. 
 
 (F.) " Forms " (alphabetically classified schedide of the various) 
 applicable to, and required in (1) an admon, or (1) exorship : — vide 
 " Contents-Table" (ante), par. 1. 
 
 (F. 1.) Forms (alphahetically classified " Schedules " of the) 
 specified in par. 1 o/ " Contents-Table.^' 
 
 (L.) "Letters" (Schedide of) referred to in "Contents Table" 
 (ante), par. 19. Vide abstracts of the (a) "Law Times" and (b) other 
 reviews of the ^^ Legal Correspondent'^ (to ivhich thoroughly practrtal, 
 great time-saving, unique, and tisefid work, special attention is called). 
 (1.) Account (applications for an) in the following cases, viz. : — 
 
 1. Appointee (to an) under a Power of Attorney (authorising him to 
 realise an estate in the U.S.A., i:)roceecIs of sale whereof belonged to an 
 English legatee). 
 
 2. Testator's (a) estate : — for a detailed account, &c., thereof. 
 
 3. Trustee (to a) : — for a detailed acct of his alleged investments. 
 
 4. JJnadministered (estate) : — for a detailed acct, &c., thereof. 
 
 (2.) Administrations (applications, letters, &c., iinder) or '^intestacies." 
 
 1. Administratrix (sp)ecial letter to an), with (a) balance-sheet, and (b) 
 other papers, for perusal, prior to final settlement of an intestate's 
 affairs, by her solicitor, who had (in consequence of their complicated 
 character), been entrusted (on her behalf) with the entire (1) manage- 
 ment, and (2) realisation of the personal estate and effects. 
 
 2. Creditor (to an intestate's), to forbear proceedings agst widow 
 (admix). 
 
 3. Creditors (io an mtesta,ie iradef^man's), asking for a f/^'scct/wi of 10 
 per cent, for cash down, payable by adnior out of his own money, pending 
 realisation uf estate. 
 
 4. Debts (outstanding) : — (1) with particulars of claim agst a customer, 
 and (2) or payment of amt on behalf of a deced wholesale tradesman's 
 admix.
 
 LETTERS (necessary), ETC.: — SCHEDULE THEREOF. xliii 
 
 4a. Debts (outstanding) : — sup[)lomental letter, in the event of non- 
 compliance with No. 4. 
 
 5. Delivery (for) up (by an intestate^s (a) brother, or (b) other relative) 
 of estate to his widow (who had hecn living apart from hiu)), to enable 
 her to apply for a grant of letters of admon thereto. 
 
 6. Next-of-lcin of a wealthy intestate who died in America : — letter of 
 inquiry therefor, by solicitors to one of Her Majesty's Vice-Consuls 
 there. 
 
 7. Solicitor of an admix to intestate's former solr : — peremptory special 
 application for immediate delivery to former of latter's (1) bill of costs, 
 and (2) all papers, &c., relating to business transacted for deced. 
 
 7a. Solicitor (same) to intestate's sister: — for information respecting 
 estate, <fec. 
 (3.) Agreement for sale (by trustees) of a testator's freeholds : — 
 
 Reply (refusal) to a railway co.'s solrs, who wanted vendors to specifi- 
 cally convey mines (unmentioned in agrt), under purchased premises. 
 (3a.) ^'Arbitration" (reference by (\) anadmor, (2) exor, or (3) trustee, of 
 disputed matters to) : — Schedule of (a) letters, and (b) notices 
 between (1) pit's and (2) deft's solrs, (3) an arbitrator, and (4) his 
 solr respectively, during the course of an ordinary arbon, including 
 arboi-'s recei])ts for documents : — D.S. (Dft's Solr) ; P.S. (Pit's Solr). 
 
 1. D. S. to P. S. Undertaking (an) to accept service of copy writ on 
 deft's behalf. 
 
 2. D. 8. to P. S. Returning writ (endorsed with sd acceptance). 
 
 3. D. S. to P. 8. (1) Memdum (with), and (2) notice of appce to sd 
 writ. 
 
 4. P. S. to Arbor. Request to accej^t appt as arbor (if agreed upon 
 with D. S.). 
 
 6. Arbor to P. S. Acceptance (formal) of appt as arbitrator. 
 
 6. P. 8. to Arbor. Coines (with) of (1) writ, and (2) order of refer- 
 ence for perusal, &c. 
 
 7. Arbor to P. 8. Receipt for copies of sd (1) writ, and (2) order, &c, 
 
 8. D. S. to P. 8. Notice (1 week's) of any ai:)pt, before arbor, is 
 wanted, 
 
 9. D. 8. to P. 8. Inspection (request to produce documents for). 
 
 10. Arbor to P. and D. 8. Reference (notice of his intention to pro- 
 ceed with). 
 
 11. Arbor to P. and D. 8. Letter with the said notice. 
 
 12. Arbor to P. and D. 8. Enlargement (notice of) of time for making 
 his award.
 
 Xliv LETTERS (nECESSARy), ETC, : SCHEDULE THEREOF. 
 
 13. Arhor to P. and D. S. Ready (notice that his award is) or " pub- 
 lished." 
 
 18a. Arho/s solrs notice to parties that sd award is ready, &c. 
 
 14. Arbor to P. S. Notice to produce documents not produced on 
 the rfce. 
 
 15. D. S. to P. S. Eequest for coj^y award. 
 
 16. P. S. to B. 8. Letter with copy award, as requested. 
 
 17. B. S. to P. 8. Receipt for requested coj^y award. 
 
 18. B. 8. to P. 8. Apj)ointraent (for an) to pay amt awarded. 
 
 19. P. 8. to B. 8. Appointment (rei:)ly as to) for sd settlement. 
 (3&.) " Assessments " of testor's in-operty to the " Poor-rate.'^ 
 
 1 . Certificate (overseer's) thereof : — letter to him therefor, prior to a sale 
 by public auction. 
 
 2. Certificate (overseer s), required by Inland Revenue Commrs. 
 
 (3e.) Bankers (exors' soh's letters to dececVs) : — vide A., pp. 68-9, par. 1 
 
 (1-8). 
 (3cl.) Bankers (schedide of sd letters to deced's) : — p. 66, A. 2 (1-7). 
 (4.) Beneficiaries (circular letters, &c., to) respecting the folloioing 
 
 matters : — 
 
 1. Appointment ( (1) for, or (2) ivith an) respecting the matters 
 hereinafter specified in sub-pars. 2 (1, 3), 3, 5, 5a (1), b and c, respec- 
 tively, 
 
 2. Claim (a dispided) against a testator's estate : — 
 
 1. Conference (with an appt for a) to consider claim. 
 
 2. Report ( (1) with official) of court of inquiry, appointed hy Marine 
 Bept of Board of Trade, as to formal investigation into 
 circumstances attending supposed loss of a British steamship, 
 whereof a deced residuary legatee was captain, and (2) for other 
 legatees' final decision as to course of action intended to be adopted 
 with reference to claim of his (a) tvidoio and. (b) child. 
 
 3. Meeting (proposed) for (a) consideration, and (b) final decision, 
 &c. : — with an apjit therefor. 
 
 4. "Resolutions" (favo^irable) passed at sd meeting : — Solr's report 
 to sd widow's solr as to same. 
 
 3. Claim (a doubtful) against a testor's estate by admix (with will 
 annexed), of his son : — for an appt for a conference thereon. 
 
 4. Belay in poinding up testor's affairs: — (1) explanatory, and (2) 
 supplemental letters to residuary legatees as to same. 
 
 5. Bivision (a final) of testor's residuary estate : — with an appt 
 therefor.
 
 LETTERS (necessary), ETC.: — SCHEDULE THEREOF xlv 
 
 5a. Diviaion {a final) of sd residue: — ^jpecial circular letter to 
 importunate beneficiaries as to the followiui; matters, viz. : 
 
 1. Appt (with an) for a fiual distribution, 
 
 2. Delay (^unavoidable) in winding-up testor's affairs : — full explana- 
 tion thereof. 
 
 3. Remuneration (a special) to an exor for his (1) loss of time, and 
 (2) trouble in attending thereto (unprovided for by the will). 
 
 5b. — Division (^an interim) of cash at Bankers : — with an appt 
 therefor. 
 
 5c. Division (a second interim) thereof: — with an appt therefor. 
 
 6. Relationship (their) to testor : — circular letter to them for (1) parti- 
 culars, and (2) formal legal proof thereof. 
 
 6a. Relation.ship (their), &c.: — (1) Questions thereon, and (2) replies 
 thereto (answerable by each claimant or residuary legatee). 
 
 7. Report (detailed) to a claimant's solicitor as to " resolutions " 
 passed at a meeting of other residuary legatees, respecting her deced 
 husband's share under deced's will : — (vide par. 4 (2-2) ). 
 
 8. Will (copy), &c., for legatee's perusal and use: — circular letter 
 therewith. 
 
 (46.) Certificate (a (1) baptismal, or (2) marriage) : — letters therefor. 
 
 (4c.) Certificate (fee for a) : — letter therewith. 
 
 (5.) Creditors (special explanatory letter or " Report " submitted to a 
 
 testor's) , where exors are unable to pay his debts forthwith, containing 
 
 the folio iving, viz. : — 
 
 1. Position (exact) of estate (vide footnote, N.B.) 
 
 2. Request (a) for further timeiox payment of their claims, until the 
 exors have had an opportunity of realising a portion thereof, wherewith 
 to pay. 
 
 N.B. — Acct (an) of testor s personalty must accompany said Report. 
 (5a.) Creditors (special circular letter to), who have failed to reply to 
 
 No. 5 letter, for their final decision. 
 (5b.) Creditors (to), for particulars of their claims: — to enable exors to 
 
 obtain a deduction of debts before swearing affts to lead to a gi*ant 
 
 of pbte. 
 (5c.) Creditors (to), with exors^ cheq^ue for amt of their respective 
 
 claims. 
 (6.) Damage (claim for), &c., to cottages, caused by mining operations : — 
 
 Series of special letters to (a) colliery proprietors and (b) their so//v 
 
 respecting same. 
 1. Appln (preliminary) as to (a) the extent and (b) nature of the
 
 Xlyi LETTERS (nECESSARy), ETC: — SCHEDULE THEREOF. 
 
 injury thereto, and (c) for pajmeut of the amt of compensation 
 claimed. 
 
 2. Reply (exors' solrs) to colliery proprietors' solrs. 
 
 3. Appln (further) for an amicable settlement. 
 
 ■i. Compensation offered :— letter respecting amt thereof. 
 
 5. Appln {^iirther) for an increased offer forthwith. 
 
 6. Apphi (final), on default of a satisfactory increased offer. 
 
 7. Arbitration (proprietors' solrs proposal to refer question of 
 damage to). 
 
 8. Arbitrator (claimant's) : — nomination thereof. 
 
 9. Procedure : — Reply to proprs' solrs as to course to be adopted. 
 (6a) Debts (applnsfor) i7i the following cases, viz. : — 
 
 1. Debt (payment of a), either (a) forthwith, or (6) by instalments 
 (to be thereafter agreed upon) : — ordinary " letter before action." 
 
 2. Doctor (exors of a deced) : — for a debt owing to them. 
 
 3. Services rendered to a testor : — appln for a claim therefor. 
 
 4. Tradesman's (a deced) extrix : — appln for a debt therefor. 
 
 (7.) Detinue: — appln on behalf of a deced's children for delivery up 
 
 of her goods, alleged to have been illegally taken away by her 
 
 sister. 
 (8.) Funeral (exors' invitation to testor's friends to attend his). 
 (9.) Insurance (a fire) policy : — with an order therefor on exors* 
 
 behalf. 
 (9a.) Insurance (a life) policy claim : — letters required in relation 
 
 thereto. 
 (96.) Insurance (a life) policy claim : — notice to co.'s local agent of 
 
 death of assured. 
 (9c.) Insurance (proceeds of a life) policy : — ajipln for ]3ayment thereof. 
 (10.) Landlord (deced) and Tenant : — rent in arrear, <&c. 
 
 1. Tenant under an agrt ivith testor : — appln to him for rent due there- 
 under. 
 
 2. Tenants (yearly) : — circular letter by exors' solr reminding them of 
 the due date of their respective rents. 
 
 3. Tenants (yearly) in arrear : — final notice to them. 
 
 (11.) Legatee (to testor's nephew, resident at a distance, informing him 
 
 that he is a) under testor's will. 
 (Ua.) Legatee (payment of sd legacy to) : — (1) with an appt therefor, and 
 
 (2) to sign official receipt. 
 (12.) Letters (when) oi)erate as a binding agrt for (1) sale and (2) 
 
 purchase of an estate.
 
 LETTERS (necessary), ETC. : SCHEDULE THEREOF. xlvii 
 
 (12a.) Letters (jniblication of ^^ })rivate") : — injunction to prevent or 
 " restrain " same. 
 
 (12&.) Letters written " without prejudice " : — epitome of the law thereon. 
 
 (13.) Municipal Corporation: — Notice to the town clerk thereof of (1) 
 tester's decease, and (2) for an acct of interest due on his mort- 
 gages of boro' rates. 
 
 (14.) Poor-rate (assessments of testo/s ppty to) : — vide par. 3a. 
 
 (15.) Probate (afftsfor a grt of) : — with an appt to be sworn thereto. 
 
 (16.) Purchasers of testor^s freeholds, &c. : — notices to their solrs as 
 to:— 
 
 1. Delay {unreasonable) in completion of purchase : — (1) complaining 
 thereof, and (2) demand for completion, to enable exors' solrs to finally 
 wind up testor's affairs. 
 
 2. Notice (final) of intended a/c to enforce specific performance of con- 
 tract. 
 
 (17.) Baihvay (iiotices to a) Co.'s (a) Secretary, or (b) Treasurer in 
 the folloiving cases : — 
 
 1. Death (a stock-holder s) : — notice thereof. 
 
 2. Transfer of his shares into exors' names : — letter with documents 
 required thereon. 
 
 (17a.) Betit (chief or groxmd) : — Exors' solr's letter with (1) account 
 
 therefor, and (2) a cheque for the amt thereof. 
 (17fc.) Rent (a defaulting) collector: — (1) 1st and (2) final applns to him 
 
 for (a) detailed particulars of (1) rents collected, and (2) bills pd 
 
 by him, and (b) immediate payment of the balance (if any) under 
 
 his a/c, and (3) notice of revocation of his appt. 
 (18.) (1) Residuary a/c, and (2) schedules thereto (if any) : — letter to 
 
 Controller of Inland Revenue therewith, for assessment of duty 
 
 thereon. 
 (18a.) Residuary a/c, &c., returned for amendment : — letter to sd Cr 
 
 thereon. 
 (18&.) Residuary (amended a/c, &c.) : — letter to sd Cr therewith. 
 (18c.) Residuary (comptrolled) a/c: — letter with cheque for duty 
 
 assessed. 
 (19.) Sale of an intestate tradesman' s biisiness as a " going concern ": — 
 
 special letter to applicants for the purchase thereof. 
 (19a.) Sale (intended) , by public aiiction, of a valuable public-house : — 
 
 Special letter (sent to local brewers, &c.), in order to insure the fullest 
 
 publicity. 
 (20.) Solicitor's exors' notice as to continuance of his practice.
 
 xlviii LETTERS : — (1) PRIVATE, AND (2) " WITHOUT PREJUDICE." 
 
 (21.) (1) Trustees, and (2) other accountable parties: — applications to 
 
 them for an account, &c., vide par. 1, sub-pars. 1-4 incl. 
 (22.) (1) Wills a7id{2) codicils, &c. : — 
 
 1. Copy {an office) luill, &c. : — letter to District Pbte Rgr therefor. 
 
 2. Cost {as to) of an office copy will, &c. : — inquiry therefor. 
 
 3. Grant {papers, &c.,for) : — letter to Dt Rgr with (1) affidavits, &<.-., 
 (2) engrossment (for pbte) of, and (8) will and codicil (if any), and (4) 
 for an acct of {a) duty, and (6) ct fees, &c., payable in respect thereof. 
 
 3a. Grant of pbte thereof: — letter to District Rgr with (1) banker's 
 draft, or (2) cheque for amt of sd (a) ct fees, and (&) duty, &c. 
 
 4. Receipt {extracting solr's) to Dt Rgr for grt of pbte. 
 
 5. Replies (local solrs) as to a supposed will, (1) alleged to have been 
 prepared by them on behalf of a former client, but (2) which could not 
 be found amongst latter's papers. 
 
 6. TJndiscoverable {as to an) will : — vide sub-par. 5. 
 
 7. Value {present market) of stock: — letter of inquiry as to same. 
 (L. 1.) Letters (private) : — Epitome of the law thereon. 
 
 1. Injunction (the Ch Dn of the High Ct of Justice will restrain by) 
 the publication of a private letter, whether of {a) a literary 
 character, or (b) otherwise, where same is attempted without the 
 writer's consent, unless it is necessary for the vindication of the 
 receiver's character {Earl of Lytton v. Davey, 52 L. T. Rep. N S. 
 121). 
 
 2. Property {receiver* s) therein : — is of a qualified kind, and does not 
 go beyond the purpose for which it was sent. 
 
 (L. 2.) Letters written "without prejudice": — Epitome of 
 
 fill' lair titereon. 
 
 1. Correspondence {ivhen the ivhole) is covered thereby : — where it was 
 begun with a letter written " without prejudice " {Ex parte Harris, 
 44 L. T. Bktcy 33). 
 
 2. Evidence {when same cannot be used as) : — Generally, neither (a) 
 letters written without prejudice, nor {b) replies thei-eto, though not 
 similarly guarded ( (1) Hoghton v. H. 15 Bev. 278, 21 L. J. Ch. 482, 
 725, 728 ; pee (2) In re River Steamer Co., L. R. 6 Ch. 822, and 
 (3) Paddock v. Forester, 3 M. & Gr. 903). 
 
 3. Evidence {when) for " offerer " : — offers made " without prejudice" 
 have sometimes been allowed to be given in evidence for the offerer, 
 to show a willingness to settle the dispute { (1) Jones v. Foxall 15 
 Beav. 388, 21 L. J. Ch. 725, and (2) Williams v. Thomas, 2 Dr. & 
 P. 29, 31 L. J. Ch. 674).
 
 (1) MISCELLANEOUS, AND (2) NOTICES, ETC. xlix 
 
 (M 1.) Miscellaneous (14) i<cctions not included iiadcr (1) 
 
 '^ Caufions" or (2) "Procedure." 
 
 1 — Bond-debts: — illustrative cases as to same, 188, 13, 3. 
 
 2 — Contracts wherein exors (as such), are generally (a) lia1)k', &.c., and 
 
 (h) can sue, 191, 19a, 2a. 
 3 — Contracts whereon an action is not maintainable agst an exor for his 
 
 tester's non-performance thereof, 191, 196, 5a. 
 4 — Conversion (constructive) : — the equitable doctrine thereof, 195-6, 
 
 22, 1-14. 
 5 — Conversion (no): — assets which need not be (a) realised, and (b) 
 
 converted into money by the exors, 195, 21, 4. 
 6 — Costs (cases wherein) are (a) allowed, and (6) disallowed respectively 
 
 197-8, 23, 4. 
 7 — Creditors' (dececVs) several (1) disabilities, (2) rights, and (3) 
 
 remedies, 198-200, 24, 1-18. 
 8 — " Cremation " : — the (a) law and (h) procedure affecting, or relating 
 
 thereto, 200-1, 25, 1-7. 
 9 — Damacje to ppty hy ^^mining-operations" : — reason why a claim for 
 
 further provable subsequent damage, the result of continued work- 
 ing, can be made therefor, 202, 26a. 
 10 — Debts (exors' payment, equally, of all the testor's) : — chronologically 
 
 arranged successive steps whereby a deced's lands have been made 
 
 liable thereto, 206-8, 29, 1-8. 
 11 — " Donatio mortis causa " : — 211-13, 336, 1-11. 
 12 — " Executor de son tort " (one of his own wrong) : — 214, 36, 1-2. 
 13. — Interest: — (1) cases wherein, and (2) circumstances under which it 
 
 is (a)>ddible or (h) payable, 223, 43, 1-10. 
 14 — Liability (bantrupt-exors' personal) to residuary legatees : — 227-8, 
 
 48, 1-8. 
 
 (N.) Notices (8 supplemental miscellaneous written), inadvertently 
 omitted from pp. 121 (12) — ^124 (6), occasionally required during (a) an 
 admon, or (b) exorship : — 
 
 Schedule (alphahetically classified) thereof. 
 
 1. (1) Appointment (notice of) of new trustees under a will, and (2) 
 transfer of an equitable mortgage to latter. 
 
 2. Creditors (short jieremptory notice to the) o: an iuti's'ute or a 
 testor. 
 
 3. Creditors fbtatut <Yy notice to the) of an intestate. 
 
 d
 
 1 NOTICES (miscellaneous), ETC, 
 
 4. Creditors (statutory notice to tlie) of a testator. 
 
 5. Farm-tenant's (notice to a deced) exors (given by liis landlord's 
 agents and solicitors), to quit a farm, &c. 
 
 6. Mortgage (notice of exors' intention to repay principal and interest 
 owing under testator's). 
 
 7. Rent (notice by A. B. (a solicitor), "for C. D. and self, as trustees 
 and exors of a deced mtgee," to a tenant, to pay) of mtged premises 
 to them. 
 
 8. Be7it (notice by trustees of a settlement to tenants of the settled 
 ppty to pay the) thereof to a newly appointed collector. 
 
 9. Tenant (notice to the exors of a farm) to quit same. 
 
 (1.) (V) Appointment {notice of) of neiv trustees under a will, and (2) 
 transfer of an equitable mtge to latter. 
 
 To (1) life-tenant entitled to the interest of the ppal secured by 
 sd mtge, (2) equitable mtgor, (3) their solrs, and (4) all others whom 
 it may concern. 
 
 Whereas A. B., late of • afsd, (description), deced, by his last will, 
 
 dated (date) (1) apptd (a) me the undersigned and (h) R. E., then of, 
 &c. (since deced), trees and exors thereof, and (2) thereby directed that 
 if we, or the survor of us, should die or desire to be discharged from, or 
 refuse, or become incapable to act in the trusts thereof, then, and in any 
 of such cases, it should be lawful for the surviving or continuing trees 
 or tree for the time being to nominate and appt any other person or ps 
 to be tree or trees in the place or stead of the tree or trees so dying, 
 desiring to be discharged, or refusing or becoming incapable to act as 
 afsd, and as often as any new tree or trees should be nominated and 
 apptd as afsd all the trust este and premises as should be then vested 
 under that his wl should be resjjly assigned and transferred in such 
 manner that the same might be legally and effectually vested in the pn 
 or ps so apptd as afsd, either solely or jointly with the surviving or con- 
 tinuing tree as the case might require Upon the trusts, and to and for the 
 uses, intents, and purposes therein expressed and decld, or such of them 
 as shd be then subsisting and capable of taking effect, and the pn or 
 ps 80 apptd as afsd should be entitled to exercise the same powers and 
 authorities as if he or they had been apptd tree or trees by the sd wl. 
 And whras the sd R. E. died some yrs ago. And whras I hereby give 
 you and each of you notice that I, the undersigned, as such survg tree 
 as afsd, being desirous of being discharged from the trusts thereof, in 
 exercise of the power for that purpose given to me thereby, and of all 
 other powers, if any, me thereunto enabling, have, by an indre, dated
 
 NOTICES (miscellaneous), ETC. 11 
 
 the day of last, apptd two of uiy sous, namely {names, addresses, 
 
 and descriptions), to be the trees of the sd wl in the place of the sd R. E. 
 and me, and they did thby consent to be such trees accdgly. And lohras 
 by the sd last mentd indre it was agreed and decld that the sd (appointees) 
 thr exs, ads, and assns shd stand possed of and interested in the sum of 
 £ owing by the sd on the security of an agrt dated the 
 
 day of 189 made betn him of the one pt, and me 
 
 and the sd R. E. of the other pt, to be transferred into their joint 
 names as mentd in the now reciting appt Upon the trusts and with 
 and subject to the powers and provns upon, with, and sbjt to which 
 the same ought to be held under the sd wl. And tvhras I hby give 
 you and each of you further notice that by an indre dated the day 
 of last, I, as survg equitable mtgee of the premes agreed to be 
 
 mtged to me and the sd R. E. by the said under the sd agrt of 
 
 the (date), assnd unto the sd (apptees), (1) the sd ppal sum of £ 
 thby secui'ed, and (2) all int henceforth to become due thereon, and 
 (3) the full benefit of all securities for the same, and (4) all my este 
 and int in the hdits and premes then erected and thereafter to be 
 
 erected by the sd , and (5) the full benefit and advantage of the 
 
 sd agrt To hold the same unto the sd transferees absolutely, subject to 
 such right or equity of redon as was then subsisting thrin by virtue of 
 such agrt. 
 
 As ivitness my hand the day of 
 
 (Signatiire) 
 
 (2.) Creditors (short peremptory notice to the) of (1) an intestate or 
 (2) testor to send in forthwith detailed particulars of their undelivered 
 claims : — 
 
 Re A. B., late of , deced. — All persons having any claims 
 
 agst the deced' s este are hereby requested to forthwith send detailed 
 particulars thereof (if not already delivered), to (1) C. D. (address), or 
 (2) E. F., solr to (a) the intended admor, or (b) the exors {as case 
 may he). 
 
 (3.) Creditors (stattitory notice to the) of an intestate : — 
 
 A. B. deced.— Pursuant to the Act of Parliament, 22 & 23 Vict. c. 35, 
 intituled " an Act to further amend the Law of Property and to relieve 
 Trustees," notice is hereby given that all crs and other persons having any 
 claims or demands upon, against, or aflfecting the estate of A. B., late 
 of, &c., deced, who died on the (date) and to whose i)ersonal este and 
 effects Letters of Admon were granted by the Dt Ry at of the 
 
 Pbte, &c,, Dn of Her Majesty's High Ct of Justice on the (date), to
 
 lii NOTICES (miscellaneous), etc. 
 
 C. D., his lawful widow and relict, are hby required, on or before the 
 (date) next, to send to me, the undersigned, solr for the sd admix, 
 particuhirs in wrtg of their respective claims and demands, after which 
 day she will proceed to administer the sd este according to law, and 
 distribute the intestate's assets among the ps legally entitled thereto, 
 having regard only to the claims and demands of which she shall then 
 have had notice, and she will not be liable for the assets, or any pt 
 throf, so distributed, to any person or ps of whose claim or demand 
 she shall not then have had notice. 
 
 Dated, 
 
 {Name and full address of the solr for the sd admix.) 
 
 (4.) Creditors {statutory notice to the) of a testator : — vide (1) Form 3 
 adapting it to an exorship, or (2) any of the London " Dailies " for a 
 form thereof. 
 
 (5.) Farm-tenanfs {notice to a deceased) exors (given hy his landlord's 
 (1) agents, and (2) solicitors) to quit a farm, &c. — 
 
 To the exors of the late A. B. : — On behalf of your Landlords {names), 
 Devisees in trust of the late {name). Esquire, and {names), Devisees of 
 the late {name), Esquire. 
 
 We hereby give you notice, and require that you quit and deliver to 
 them peaceable and quiet possession of the farm lands, buildings, out- 
 buildings, and other the premises, with the appurts, known as " The 
 
 {name) Farm," in in the co. of , whereof you are now tenant 
 
 under them, in manner following, that is to say, (1) of the meadow 
 land, on the 25th day of Dec. next, (2) of the arable and pasture land 
 (except the outlet), on the 2nd day of Feb. also next, and (3) the rest of the 
 premises, on the r2th day of May next following, provided your tenancy 
 originally commenced at those respective times, or otherwise that you quit 
 and deliver up peaceable and quiet posson of the sd premises resply 
 at other the time or respective times on which the end of your tenancy 
 next after the end of one half year from the time of your being served 
 with this notice shall resply expire. Ayid if yon (a) neglect to quit 
 accordingly, and {b) wilfully hold over (1) such posson, will not only be 
 sued for by ejectment, but (2) you will be called upon, under the 
 authority of the statute in that case made, to pay after the rate of 
 double the yearly value of the premises for the time you shall so hold 
 over. Whereof you have this notice. Dated, and signed by the said 
 Solrs and agents. 
 
 (6.) Mortgage {notice of exors" intention to repay the {a) principal and 
 {h) interest owing under their testator's). — As exors under the last will and
 
 NOTICES (miscellaneous), ETC. Hu 
 
 test of A. B., late of {address anddescrpn), we hereby give you (and each 
 of you in case there are 2 or more mtgees) notice that we shall, on (a) the 
 
 day of next, or (b) otherwise on the day thereafter on which you 
 re-assign (re-convey, or surreador), the premises mortgaged by him 
 to you (and each of you jointly) by Indre bearing date the (date), 
 repay to you (jointly) (1) the ppal thereby secured, and (2) all int then 
 due thereon thereunder. Kindly acknowledge in due course red of this 
 notice. (\) Dated, &c. (2) E^ivrs' signatures, or {2a) Signe of one exor for 
 ^^ self and co-exors^ 
 
 (7.) Bent (notice of A. B. (a solicitor) "for C. D. and self, as trustees 
 and exors of E. F., a deced mtgee, to a tenant, to pay) of mtged premises to 
 them : — 
 
 We do hereby give you notice as follows, viz. : — 
 
 1. That by an indre dated (date) and made betn (name, address, 
 and description) , hrinafr called " the mtgor," of the one pt, and 
 E. F., then of (address and description) hrinafr called " the 
 mtgee," since deced, of the other pt, the messe or dwghse and 
 premises now in your possession were assigned by the mtgor to the 
 mtgee, his exs, ads, and assns, by way of mtge for securing the ppal 
 
 sum of £ and int thron after the rate thrin mentd. That by 
 
 another 
 
 2. Indre date 1 (date) and made betn the mtgor of the one pt, and 
 the mtgee of the other pt, the mtgor charged the sd messe or 
 dwghse and j>remises with the paymt to the mteee, his exs, ads, 
 
 and assns of the further ppal sum of £ and int tlii'on after the 
 
 rate thrin mentd. 
 
 3. That under the sd indres the sd ppal sums of £ and £ 
 
 are still due and owing, togr with an arrear of int thron resply. 
 
 4. And we therefore require you (1) to pay to us, the undersigned 
 
 (name) of afsd and (name) of • afsd, gentn, as trustees 
 
 and exors of the last -will and testament of the sd mtgee deced, the 
 rent now due and hereafter to accrue due in respect of the sd 
 premes, and (2) on no acct to pay any rent in respect of the 
 sd premises to the sd mtgor or any person or persons other than 
 ourselves, or one of us. As vntness our hands the (date). Signed 
 hy thesd A. B. as afsd. 
 
 (8.) Bent (notice by trustees of a Settlement to tenants of the settled ppty 
 to pay the) thereof to a neioly appointed collector. 
 
 To A. B. the tenant < r occupier of the messe or dwghse and premises 
 situate in and nod. — in (situation).
 
 liv (1) NOTICES, ETC., AND (2) "PROCEDURE SCHEDULE." 
 
 In pursuance of two indres of settlt, dated resply (dates), and made 
 betn C. D. of the one pt, and E. F. and Gr. H. of the other pt, and as 
 exors under the last wl and test of the sd E. F., we the undersigned 
 {7iames, addresses, and descrijjf ions), herehy give you notice that you are 
 henceforth required (1) to pay to Mr. (name, address, and descpn), the 
 agent duly apptd by us, all the rent now due and hereafter to accrue 
 due in respect of the sd messe or dwghse and premes, and (2) on 
 no acct, after the date hereof, to pay any rent in respect of the said 
 messe or dwghse and premes to (iiame and address), or to any other 
 person or ps other than the sd (narm). As witness our hands this 
 day of 189 . Signatures of (1) trustees of the sd settlts, and (2) 
 exors of the will of the sd E. F. deced. 
 
 (9.) Tenant's (noticeto a farm) exors to quit same : — vide Form No. 5. 
 (P 1.) '' Procedure " (alphahetically classified schedule of the fully 
 detailed) in, and incidental to the foil Giving matters, viz. : — 
 
 1 — Abroad (legatee), i.e., absent beyond the seas : — 
 
 1. Discharge (course adoptable, in the absence of any express direction, 
 by (a) an admor, or (b) exor, in order to (1) obtain a valid) for, and 
 (2) be free from responsibility in respect of such legatee's legacy : — 
 
 1. Deduction of the assessed legacy duty payable in respect thereof, 
 and 
 
 2. Payment of legacy into the Bank of England, (a) with the Pay- 
 master-General's privity, (b) to be placed to (1) sd absentee's, or 
 (2) infant's credit. 
 
 2. Statutes (3) controlling sd procedure : — (1) 36 Geo. 3, c. 52, s. 32 ; 
 (2) 37 Geo. 3, c. 135, and (3) 35/6 V., c. 44. 
 
 3. Stock (if legacy consists of) : — an ex parte order to pay is required. 
 2 — Abroad (a legatee returned from) : — payment out of Ct to him. 
 
 1. Afft (an) of his identity must sup2:>ort the 
 
 2. Petition (necessary) to support appln for such payment, which 
 must he 
 
 3. Summons (by) at chambers, where the amt of (a) money, or (b) 
 securities in Ct does not exceed (1) lOOOZ., or (2) lOOOZ. nominal 
 value (O. 55, r. 2, sub-sect. 4). 
 
 S— Abstract (special) or epitome of title, &c. :— 112-13, 1, 1-14. 
 
 3a — Accounts ( (1) ordinary, and (2) special estate), &c. : — vide 
 
 work No. 3 ("Special Estate Accounts"). 
 '•ih^Administration of an intestate's personal estate and effects : — 
 1. Actions by an admor: — 1, 1, 3.
 
 " PROCEDURE SCHEDULE." Iv 
 
 2. Administration in the following cases, viz. : — 
 
 1. Commercial (a large) estate: — vide B., pp. 39-43, pars. 1-15 incl. 
 
 2. Ordinary (an) grant of letters : — vide A., pp. 37-9 (1-17). 
 
 3. Relationless (a) intestate, i.e., where there are no next-of-kin " ah 
 ovo iisque ad mala," &c. :— (1) 23/4, 91, 1/10 ; (2) 121, 30/1, sub- 
 par. 9 (1-11 incl). 
 
 4. Solicitor's (a) special admon on behalf of an admix: — C. pp. 
 43/5. 
 
 3. Advice {on admor obtaining Court's) without a/c : — 2/3, 5, 5. 
 
 4. Assignment (on an) of leaseholds by an admix after her re-marriage : — 
 
 4, 9, 1/2. 
 
 5. Bond (admon) : — 11, 41, 1. 
 
 6. Bond (an admon) since C. P. Act, '57 : — 5, 16, 1/4. 
 
 7. Bond (broken) : — procedure agst sureties where condition of their 
 bond is broken : — 5, 15, 1/2. 
 
 8. Building (on the death, intestate, of (a) depositors in, or (b) members 
 of) societies:— 9110, 29a, 1/3. 
 
 9. Cotinty (statutory facilities for obtaining (a) cheaply and (b) easily a 
 grt of admon in the district) Ct : — 8, 6, 1/8. 
 
 10. Death (husband's admon to her share of the) of a married woman 
 legatee before a final distribution : — 10, 30, 1/3. 
 
 11. Debts (for recovery of outstanding) : — 1, 1, 3. 
 
 12. Delay (certificate of reason of) in appln for a grant: — vide 
 " Somerset House Guide," p. 14, par. 20a, sub-pars. 1-3 incl. 
 
 13. (1) Depositor (on death, intestate, of a) in, or (2) member of a 
 building society : — 9/10, 29a, 1/3. 
 
 14. Duties (an admor s several) : — 12, 48, 1/6. 
 
 15. " Hotchpot " (advancements brought into) : — (1) 2, 4, 3 ; (2) 55, 
 A. 2a ; (3) 56/7, 6, 1/2. 
 
 16. Interrogatories (when an admor must administer) to df t : — 13. 
 
 17. Judgment (final) in the following cases: — 
 
 1. Action (in an) agst (a) an admor or (b) exor : — 20, 74. 
 
 2. Admission (on an admor's) of (a) assets and (b) debt in a Cr's 
 action for admon, &c. : — 2, 3, 1. 
 
 3. Denial (on an admor's) of (a) amt or (b) debt in a Cr's action 
 for admon, &c. : — 11, 36. 
 
 4. Order (under) 14, r. 1 : — 13, 51, 1/4 (vide now O. 3, r. 6). 
 
 18. " Uegistration " (cases wherein) of letters of admon is necessary : — 
 26/7, 115. 
 
 19. " Relationless " (admon of a) intestate's pslty :—vide par. 2 (3).
 
 Ivi " PROCEDURE — SCHEDULE. 
 
 20. Special (10) grants of letters, &c., to an intestate's personalty : — 
 27-31, 121, 1-10. 
 
 21. Sureties (usual practice as to the number of) required to an admon 
 bond :— 32, 128, 1-3. 
 
 22. Trustee (on death of a sole) of trust ppty : — 34, 133 
 
 4 — ''Advertisements" usually insertable in (1) local, and (2) other 
 
 necessary papers : — 177. 
 5 — Advise (instrons to Counsel to) on title, &c. : — 112, 1. 
 ba — "Affirmation" (in all cases of) only the exact statutory ivords appli- 
 cable to the particular case are (1) usable, and (2) receivable. 
 5b — (1) Agents, &c., employable by (a) an adnior or (b) exor, and (2) their 
 
 charges :— 178-82. 
 6 — Agreement for a lease of business premises : — 40, 4, 1. 
 7 — "Agreements'^ (miscellaneous), &c., sometimes required during an 
 
 exorship, &c. : — 182, 5. 
 7a — Apportionment of (a) Consols, and (b) 3 per cent. New Annuities : 
 
 —184-5, 5. 
 7b — Arbitration (exors' statutory powers of reference to), &c. : — 185, 2. 
 7 c — Assignment of fixtures, &c., purchased by a lessee of business premises 
 
 where the purchase money is secured by a contemporaneous mort- 
 gage :— 208, 31, 1. 
 8 — Assignment of interest in a lease of sd premises (on lessee's death), by 
 
 his widow as (1) residuary legatee, and (2) sole executrix: — 208, 
 
 31,2. 
 8rt — Assignment (on an) of two lots of a testors leaseholds by his exors to 
 
 a pchr thereof at a sale by public auction : — vide ivorJc No. 4. 
 9 — Assignment (parties to an) of specifically bequeathed leaseholds, not 
 
 required for jjaymeut of debts: — vide par. 24c (2). 
 10 — (1) Bankers, and (2) their deced customer's personal repres : — App. 
 
 B. (1) 67-8, B. 1-22 incl. and (2) 71-78, 1-22 inch 
 11 — Beneficiaries' shares, &c. : — (Ij Evidence adducible in support thereof, 
 
 and (2) other miscellaneous matters connected therewith : — 185-8, 
 
 1-18 incl. 
 12 — Business (testor's) : — when same is carriable on by his exors, &c. : 
 
 —189, 14. 
 13 — Case (drawing a) for counsel's opinio7i : — (1) vide 110-11, F. 6, N.B. ; 
 
 (2) the adoption of the course there suggested (a) facilitates reference, 
 
 &c.,and (b) will be found very convenient. 
 13a — " Chose-in-action " (result as to a married woman's) not reduced into 
 
 possession by her husband (survivor) in his lifetime : — 229-30, 50, 2, 
 
 (1-2).
 
 "procedure — SCHEDULE." Ivii 
 
 136 — Claim (an excessive) agst the estate : — procctlure : — 115, 4 and 4(/. 
 13c — Construction (doubtful) of (a) a marriage settlement, or (b) will : — 
 
 procedure by (1) exors or (2) trustees, to secure a complete 
 
 indemnity for their acts in relation thereto : — 190-1, 18, 6. 
 ISd — Construction (doubtful) of a will: — 2 alternative courses in such a 
 
 case :— 191, 19, 2. 
 13e — Conversion of estate : — exor's duty in relation thereto : — 191-5, 20, 22. 
 14 — (1) Damage to (a) cottage, or (b) other ppty by " mining opei'a- 
 
 tious," and (2) settlement (without litigation) of claim therefor : 
 
 —201-2, 26, 1-6. 
 14rt — Debts (where exors cannot pay deced's) forthwith : — suggested pro- 
 cedure :— 208, 30, 2. 
 146 — Deeds (Schedule of the various), &c., incidental to a (1) lease of 
 
 Imsiness premises, or (2) sale of fixtures, &c., thereon, and (3) other 
 
 miscellaneous jrarposes : — 208-9, 31, 8. 
 14c — Declarations (special statutory) required in 5 cases: — (1) 110, 2, 1-5, 
 
 and (2) 113-15, 2, 1-5. 
 15 — Direction (deed of) executed (1) by, and (2) to the follotving parties, 
 
 viz : — 
 
 1. Next-of-kin (all the intestate's), who are sui juris, to an admor, 
 
 1. Appoint (empowering him (for special reasons), to) a collector of 
 the rents of unsold leaseholds, pending an ultimate sale thereof, 
 and 
 
 2. Postpone (to) the sale thereof hejond the admor'syear, &c. 
 
 2. Residuary (all the testor's) legatees (who are sui juris), to his (1) 
 exors, or (2) trees, &c., for the sd pur|)oses, 42-3. 
 
 15a — Disclaimer (deed of) : — of (a) an exorship, or (b) treeship : — (1) 
 115, 3, and (2) 209-10, 31a, 7. 
 
 16 — "Dividend ivarrants " : — application for their postage, &c. : — 210-11 > 
 32, 1-6. 
 
 17 — Division (an interim) of cash at hankers, &c., amongst benefici- 
 aries:— 211, 33, 1-7. 
 
 18 — (1) Estate, and (2) miscellaneous papers, &c. : — course suggested to 
 keep same in strict order : — 213-14, 34, 1-3. 
 
 18a — " Evidence " or proof on all subjects not herein specifically mentd, 
 procedure as regards same : — 79-93. 
 
 186 — " Executorship " (an ordinary) : — procedure therein : — 107-9, 1-15. 
 
 18c —" Exhibits " (memdum as to) endorsable on (1) cei'tificates of (a) 
 birth, (6) death, or (c) marriage, (2) letters of admon, and (3) 
 pbte (as to production of Nos. 2 and 3) : — 115-16, 5, 1-2 (1-3).
 
 Iviii " PROCEDURE SCHEDULE." 
 
 I8d — " Forms" required in connection ivith " Procedure": — vide (1) Tahle 
 
 of Contents, ante, p. xv., far. 1, sub-pars. 1-11, and (2) " Notices," 
 
 pp. xlix.-liv. (ante.) 
 18e — " Frauds " (scheme for tJie prevention of) by adviors, &c. : — 127-49. 
 \*^ —Funeral (deced's) : — procedure (a) prior to, and (b) thereat: — 214- 
 
 15, 37, 1-10. 
 20 —Furniture (bequest of tise of) to (a) A. for life, and (h) after his 
 
 decease to B. :— 215, 38. 
 21 — " Goodwill" of deced's business: — practice connected therewith : — 
 
 215-18, 39, 1-19. 
 22 — Indemnity (securing a statutory), &c. : — 218-20, 40, 1-19. 
 22a — ^^Instructions" (dravnng) to counsel in 4 special cases: — 110-11, 
 
 6, 1-4. 
 22& — Instructions to a ^'surveyor " to enable Mm to prepare ^^ plans," &c. : 
 
 —111, 7. 
 22e — Instructions required for '' transfers" oi (1) Bonds, and (2) Rail- 
 way, and (3) other stock (standing in tester's name) into exors' 
 
 names :— (1) 111, 8, 1-2, and (2) 118, 8, 1-3. 
 22/ — Insurance (an) action, to recover amt of a policy on the life of, and 
 
 assigned by testor to trustees : — parties thereto : — 220-1, 41, 2. 
 2'2g — Insurance (life) claim procedure: — 157-60. 
 23 — Insurance of property against fire: — 221-3, 43, 1-8. 
 24 — Investment of trust-funds, &c. : — investors' several (a) duties, (6) 
 
 liabilities, (c) remedies, and (d) rights in relation thereto : — (1) 
 
 223-7, 44-7; (2) 335-7, II. (1-8); (3) 361-2, 19c to 20e inch, and 
 
 (4) 409, 59, 1-8. 
 24a— (1) Legacies (charitable), and (2) trusts: — 170-6, 1-27. 
 246 — Legacies (general law affecting, and incidental to) : — 161-9, 1-30. 
 24c — Legacies ('precautionary procedure in dealing with), &c. 
 
 1. Abroad (a legatee) : — obtaining a valid discharge for his shai'e, vide 
 par. 1. 
 
 2. Assent (exor's) to a specific legacy : — (]) 105, 70a, and (2) 161, 3. 
 
 3. Furniture (a bequest of the use of) to (1) A. for life, and (2) after 
 his decease to B. : — 215, 38. 
 
 4. Infant's (an) legacy : — 165, 10. 
 
 4a. Infant's (investment of an) legacy or share, &c. : — 103, 62a, (1 
 and 8.) 
 
 5. Payment of legacies given to a testor s children, some of whom have 
 married since date of will, but in his lifetime : — points to be borne in 
 mind in advising an exor thereon : — 167-8, 23, 1-4.
 
 " PROCEDURE — SCHEDULE. ll 
 
 6. Recovery (an unpaid legatee's alternative remedies for) of hin legacy : 
 —168, 24, 1-6. 
 
 7. Woman (legacy to a married) by a testator dying (n) before, and 
 (6) since 1st Jan., 1883, respectively :— 169, 30, 1-2. 
 
 24d — Legacy duty afc procedure : — vide " Somerset House Guide " therefor, 
 
 pp. 44-7, par 60a, suh-pars. 1-14 incl. 
 25 — ^'Licences" to assign leaseholds : — 118-20, 9, 1-2. 
 26 — Losses (in order to avoid) falling upon exors personally: — 228-9,49, 
 
 1-9. 
 27 — Mortgage (exon of a) by exors, to enable tliem to pay tester's 
 
 debts :— (1) 111, 10-11, and (2) 120-1, 10-11. 
 27rt — " ^e exeat regno'' (writ of) agst an absconding (1) exor, or (2) 
 
 trustee :— 230, 51, 5 (1-4).' 
 2^— Notice (statutory) to crs under 22/8 V., c. 35 :— 230-3, 52, 1-16. 
 28a — Notices (ordinary), usually required during (1) an admon, or (2) 
 
 exorsbip. 
 286 — Notices (special) occasionally required: — vide " N.," xlix.-liv. 
 29 — Papers ( (1) estate, and (2) miscellaneous), &c. : — 213-14, 34, 1-3. 
 30 — Partnership (on dissolution of a) hy a partner's death : — 253-6&, 
 
 c. 1-18. 
 31 — Payment (exors') of all ascertained "estate liabilities" before legacies: 
 
 —233-4, 56, 1-9. 
 32 — Policy (life insurance) claim procedure : — 156-60 B. 
 33 — Purchase (completion of a) from (1) an exor, or (2) trustee, &c. : — 
 
 Purchaser's solicitor's 8 special "precautions" thereon: — 235-7, 
 
 61, 1-7. 
 
 34 — " Beading " (when the) over of documents to parties thereto is 
 
 necessary : — 185-12, 4 (1-2.) 
 35 — " Reading will " (after funeral), if desired by beneficiaries. 
 36 — Release (a formal deed of) must be executed to the exors, &c., 
 
 by all the adult residuary legatees, on a final division : — 237-8, 
 
 62, 1-7. 
 
 37 — Rent (appointment of a) collector: — 42, 10, 1. 
 
 38 — Report (a) must be (1) drawn, and (2) rendered by the solr (pui'suant 
 to the recommendations contained in (a) Apj?. F., pp. 131-6, par. B., 
 sub.-pars. 1-16, and (b) adapted (according to the sjjecial require- 
 ments of each particular case) from the precedents of " Reports " 
 contd in App. R. 1, pp. 267-318, pars. 1-121). 
 
 38rt — Residuary duty a/c procedure: — vide "Somerset House Guide" 
 therefor, pp. 62-71, ^mrs. 75 to 7 bE inclusive.
 
 ll •' PROCEDURE — SCHEDTJLE. 
 
 39 — Sale of business formerly carried on by deced : — 319, par. 6, sub- 
 pars. 1-6. 
 
 40 — Sales {hij (a) private treaty, and (b) public auction) of a dececVs (1) 
 business, (2) freeholds, (3) leaseholds, and {^) stock-in-trade, &c. : — 
 procedure (a) prior to, (6) at, and (c) after such sale, up to and 
 including completion thereof: — 319-21, pars, a, b, c, and d. 
 
 41 — ''Schedules" (cases wherein) are (1) recommended, and (2) generally 
 required, for reference : — vide " Estate Accounts " (work No. 3). 
 
 42 — '-Somerset House Guide": — vide same for the fully detailed pro- 
 cedure in connection with the (1) preparation, (2) completion, and 
 (3) passing of (a) legacy, (b) residuary, and (c) succession duty a/cs 
 respectively. 
 
 43 — Stock-in-trade (testor's) : — a legacy thereof : — vide par. 43a. 
 
 43a — Stock-in-trade (a portion of testor's): — a legacy thereof : — 163 (4); 
 164 (12). 
 
 44 — Succession duty a/c procedure: — vide "Somerset House Guide" 
 therefor. 
 
 45 — Surrender of a lease (by lessee's extrix to lessor) : — (1) 209, 8 (1-2), 
 and (2) 319, b 5. 
 
 46 — Transfer {into exor's names) of deced's stock in 2 special cases: — 118, 
 8, 1-3. 
 
 46a — Transfers (miscellaneous) by (1) adniors, and (2) exors : — (1) 111- 
 12, 14, 1-4, and (2) 125-6, 14, 1-4. 
 
 47 — Trust-money {on payment of) into Ct under 10/11 V., c. 96 : — p. 80. 
 par. 6, sub-par. 1-6. 
 
 48 — " Winding-up" (or (1) ordinary, and (2) special estate) ales : — vide 
 work No. 3 " Estate Accounts," &c. 
 
 49^ TTomaw's (adman to a married) chose-in-a/c, &c. : — vide par. 13o.
 
 APPENDIX A. 
 
 ADMINISTRATION (1) LAW AND (2) PRACTICE. 
 
 (A.) Administration of an Intestate's Personal Estate and 
 Effects. 
 
 1 — Law (the general) relating thereto. 
 2 — Letters of administration — the general (1) law and (2) practice 
 
 relating to a grant thereof. 
 3 — Procedure in the 3 following cases, viz. : — 
 
 (1) Commercial (in the case of a large) estate. 
 
 (2) Ordinary (in the case of an) grant of letters of admon. 
 
 (3) Solicitor's (a) special admon on behalf of an admix. 
 
 (1) Actions maintainable (a) against and (b) by an 
 admor. 
 
 1 — Admon ajcs — Creditor's action against an intestate's (1) admor and 
 
 (2) heir-at-law for an admon of his (a) pslty and (6) realty. 
 
 2 — Admor ( (1) against and (2) hy an) — vide " Execidors," sub-par. 3. 
 3 — Debts (for recovery of ontstanding) — (1) obtain judgment, if practic- 
 able, under Order 14, r. 1, and (2) failing this, then interrogate, &c. 
 
 (2) Administrators' (Persons entitled to a Statutory 
 Right as). 
 
 1 — Children, after their father s death, dying (1) intestate and. (2) vnthout 
 (a) wife, or (6) child, i7i their mother's lifetime — Every (1) bx'other 
 and (2) sister, and (3) their representatives share equally with her 
 (1 Jac. 2, c. 17, s. 7). 
 
 2 — Creditor (a), but, usually, the written consent of (1) the next-of-kin, 
 and (2) residuary legatee is required before a grant to a Cr. 
 
 3 — Husband {the) of a feme covert {dying intestate), is entitled (by 29 
 Car. 2, c. 3, s. 25, which, however, is only declaratory of the 
 common law), to (a) administer, and (&) enjoy her estate. 
 
 4 — Insolvent {tvhere an intestate's estate is) — Admon is grantable by the 
 Ct, in its discretion, to (a) a stranger, or (b) some other person 
 other than the person who is by law entitled thereto. 
 
 5 — (1) Next-of-hin or (2) widow of an intestate. Admon was grantable to 
 Nos. 1 or 2 by the " Ordinary " (21 Hen. 8, c. 5, s. 3). 
 
 B
 
 2 ADMINISTRATION. 
 
 6 — Stranger (cases wherein achnon is grantahle to a) &c. (vide sub-par. 4). 
 
 (1) Creditor (a) — vide sub-par. 2. 
 
 (2) Exor (where there is «o)— 20/1 V. c. 77, s. 73. 
 
 (3) Insolvency (by reason of the) of the deceased's estate. 
 
 (4) Special (where other) circumstances render it necessary to so 
 appoint, &c. 
 
 7 (1) Widoiv or (2) children of the intestate — His effects are distribut- 
 able (a) amongst them, and (h) in default of children, amongst his 
 other next-of-kin &c. 
 
 8 — (1) Widoiv, or (2) next-of-kin of intestate — vide sub-par. 5. 
 
 (3) Admission (admor's) of (a) assets and (b) debt in a 
 Creditor's action for admon, &c. 
 
 1 — Judgment will be for payment of (1) debt, and (2) costs to be 
 taxed, &c. 
 
 (4) "Advancements " ^vithin meaning of " Statute of Distribu- 
 tions" (22 3 Car. II., c. 10, s. 5). 
 
 1 — Definition thereof — Payments (1) made to, or (2) on behaK of a son 
 
 by his father, during latter' s lifetime. 
 2 — Examples thereof — 
 
 (1) " Apprenticing," or placing out his son. 
 
 (2) Army (formerly, purchasing him an) Commission. 
 
 (3) Debts (discharging his said son's). 
 
 3 — "Hotchpot" (same must be brought into) by (i. e., deducted from said 
 son's share, where positive proof of such advances can be adduced), 
 before he is entitled to a distributive share in the estate upon his 
 father's death intestate. (Boyd v. B., 36 L. J. Ch. 877.) 
 
 (5) Advice (the), &c. of the Court is obtainable (without 
 action) by an admor. 
 
 l—Ad relating thereto— 22 3 V. c. 35, s. 30. 
 
 2 — Exoneration — An admor., acting in accordance therewith, is freed 
 
 from responsibility, except in the cases specified in sub-par. 3 
 3 — Exoneration (no) — where admor has been guilty of (1) concealment, 
 
 (2) fraud, or (3) misrepresentation in obtaming such advice. 
 4 — Inapplicable (s. 30 is) to a question arising as to the effect of a 
 
 limitation iu an instrument — (1) Re Hooper, 29 Beav. 656, and 
 
 (2) 23/4 V. c. 38, s. 9. 
 5 — Procedure — an admor may apply, liy (1) petition to the Ct, or (2) Sums, 
 
 and (3) statement at chambers (served on all parties interested), 
 
 supported by counsel's attdce, if recjuired by the judge, for the
 
 ADMINISTRATION. 3 
 
 latter's (a) advice, (b) direction, and (c) ojnnion on any <inestion 
 toucliing the management of the assets or trust ppty, 
 
 (6) Alien (an) may be an admor — Carson's rasi', Cro. Car. 8. 
 
 (7) Arbitration (reference of disputed matters to). 
 
 1 — Costs (precaution must be taken, on an admor's behalf, in a submission 
 to arbon, to guard him against personal liabihty for) ; otherwise he 
 (1) impliedly admits that he has in hand sufficient of his intestate's 
 assets to meet the charges of the award, and, (2) if he is thereby 
 directed to, but (3) fails to i)ay them, an attachment will lie to 
 compel him ; (4) " no assets " beinrj afterwards non-pleadahle 
 {Spivey v. Webster, 2 Dowl. 46). 
 
 2 — Attachment (an) will not lie against an admor of a deceased party to 
 enforce an award made against latter who has died without 
 obeying it. 
 Reason — The contempt being personal, punishment therefor dies 
 with the committer, the legal maxim being " Actio personalis moritur 
 cum persomf (Netvton v. Walker, Willes, 315). 
 
 3 — Joint and several liability — persons who bind themselves " jointly and 
 severally" to perform an award, are all liable to do so (Mansell v. 
 Burredge, 7 T. E. 352). 
 
 4 — Powers (statutory) of reference, &c. 1 — "Conveyancing (iinder the) 
 and Property Act" '81 (44/5 \^., c. 41, s. 37, and the 
 2— ''Lands Clauses Consolidation Act," '45 (8/9 V., c. 18.) 
 3 — Admor (an) may (1) refer, or (2) otherwise settle any (a) account, 
 (b) claim, (c) debt, or (d) thing whatsoever, relating to the intestate's 
 estate, without being responsible for any loss occasioned by any act 
 or thing so done by him bond fide. 
 
 5 — Referable (9 classes of disputed matters) to arbitration. 
 
 1 — Building Societies — Certain special statutory clauses for reference 
 to arbitration of internal disputes therein have been decided (after 
 some conflict), to be compulsory, except whei'e the real question is 
 whether a claimant against (is a member of) the society at all 
 —(1) Prentice v. London, L. R. 10 C. P. 679; (2) Thompson v. 
 Planet B. 8., 15 Eq. 333 ; (3) Wright v. Monarch Investment B. S., 
 5 Ch. Div. 726. 
 
 la — Statutes (2) relating to B.S. established before Nov. '74 — (1) 6/7 
 Wm. 4, c. 32 ; (2) 31/2 V. c. 134, s. 11. 
 
 Ih— Statutes (4) relating to B.S. established after Nov. '74— (1) 37/8 V. 
 c. 42 ; (2) 38/9 v.," c. 9; (3) 40/1 V., c. 63, and (4) 47/8 V., <•. 41. 
 
 2 — Compensation {questions of) for land (under the Rway. Clauses 
 
 B 2
 
 4 ADMINISTRATION. 
 
 Consolidation Act, '45, 8/9 V., c 20)— (1) taken, or (2) used for rway 
 purposes, or (8) injuriously affected liy its construction, and (4) for 
 damages in respect of such land, (a) ascertainable and (h) determin- 
 able according to the Lands C. C. A. '45. 
 
 3 — Compensation (questions of) for land taken for public purposes, 
 where the owner's claim therefor exceeds 501. (L. C. C. A.) 
 
 4 — Examination (where a prolonged) of documents is required (Arbitra- 
 tion Act, '89, s. 14 (3). 
 
 5— Friendly Societies. — Same as sub-sect. 1 hereof. 
 
 5a — Friendly (Statutes relating to) Societies. — Consol. (1) 17/18 V., c. 56 ; 
 (2) 38/9 v., c. 60 ; (3) 47/6 V., c. 47, and (4) 50/1 V., c. 56. 
 
 6 — Partnership (1) disputes and (2) questions arising therefrom (Russell 
 V. B., 14 Ch. D. 471). 
 
 7 — Title (questions of) to land by (1) devise, and (2) generally. 
 
 8 — Waste : — Questions between landlord and tenant respecting same. 
 
 9 — Will (disputes as to the construction of a), arising between (1) the 
 exors or trustees thereof, and (2) beneficiaries thereunder, hut a 
 testator cannot provide " that if any disputes arise respecting his 
 will, an arbitrator thereby appointed shall decide them " (Phillips v. 
 Bury, Skin., 469.) 
 
 (8) Assignment (conflict of decisions as to the legality of 
 an) of leaseholds by one of several admors. 
 
 1 — (1) Jacomb v. Hartrood (2 Ves. Sen. 265) and (2) Sneeshy v. Thome 
 (1 Jur. N. S. 536) : — held therein that same is good, they having a 
 joint and several interest in their intestate's pslty, but in 
 
 2 — Hudson V. H. (1 Atk. 460) it was held that their authority wsiS joint 
 only. 
 
 3 — For this reason, the Ct is disinclined to grant a joint admon. 
 
 (9) Assig-nment (procedure on an) of leaseholds by an scmix 
 after her re-marriage. 
 
 1 — 2nd (her) husl)and need not be a party to assnt, as the whole term is 
 
 (1) vested in, and (2) assignable by her alone. 
 2 — No acknowledgment by her of said assnt is necessary, because the 
 
 whole estate passes thereby. 
 
 (10) Attorney (admon. to an) — if (l) resident abroad, or (2) in 
 Scotland, his sureties must b(^ within the jurisdiction (In the Goods of 
 (a) Louis Bianchi, deed., 1 Sw. «fc Tr., 50, & (h) Ballingall, d2 L. J., 
 P. & M., 138.) 
 
 (11) Attorney (a regularly-executed Power ot) is not
 
 ADMINISTRATION. 5 
 
 required (In Morley's goods, 3 Sw. .t Tr. 425; 33 L. J., P. & 
 M. 108.) 
 
 (12) Attorney (payment pursuant to, and under a power of) 
 
 — An admor. (a) cloiny; any nvt, or (h) )iiak]ii<;- any i>;iyiiiciit (Ij hoiiu 
 fid^', and (2) without notice thereunder, is not liable for such aet or pay- 
 ment, although the donor of the power was (a) then dead, or (b) had 
 revoked it ( (1) 22/3 V., c. 35, s. 26 ; (2) 44/5 V., c. 41, s. 47.) 
 
 (12a) Bankruptcy {ndmonin) of a deced insolvent debtor's estate, 
 &c., iinder the " BankrujAcy Acts," '83 & '90. Vide " BankrujAcy Admon," 
 sujprd. 
 
 (13) Bankruptcy (applicant's) is a, material question for the 
 Court's consideration (Bell v. Tiintiswood, 2 Phillim. 22). 
 
 (14) Bond (admon.) given by (1) a Creditor and (2) his sureties, 
 on an apj^ln for a grant of Letters. 
 
 Condition thereof. — to pay all other Crs, pro rata (Brackenbnry, 
 2 P. D. 273 ; 36 L., 744 ; 46 L. J. 42, P & D.) 
 
 (15) " Bond (broken) "—procedure ag-st sureties where the 
 condition of their bond is broken- 
 
 1 — Assiytiment on breach (as it is given to the President), by a Rgr. (by 
 
 the Court's order) to an interested j^erson, e.g. -. 
 2 — Next- (a) -of -kin, who is entitled to (1) sue on bond in liis own name 
 
 (as if originally given to him), and (2) recover thereon, as a trustee 
 
 for all parties interested (20/1 V., c. 77, s. 83 ; Yonmj, L. Eep. 
 
 1 P. c& D. 186 ; 35 L. J. 126 P. & D. 
 
 (16) Bond (practice as to an admon) since C. P. Act, '57- 
 
 1 — Conditions (5) thereof. — to (1) exhibit an inventory, (2) administer, 
 (3) account for, and (4) distribute the residue of the intestate's 
 pslty, and (5) exhibit will (if any Ite thereafter found). 
 
 2 — Indispensability (its). — the said l)ond cannot be dispensed with. 
 
 3 — Joint (a) bond is reqtdred for joint admors (Stanley v. Bernes, 
 1 Hagg. 222). 
 
 4 — Sureties (the) thereto must l)e in England. 
 
 (16a) Building Societies :—^« to death of (1) depositors or (2) 
 
 members intestate, vide jiar. 21)(f. 
 
 (17) Certificate of reason of delay in applo. for gd. Vide 
 " Forms." 
 
 (18) Children (grant of letters to) : 
 
 1 — Degree (they stand in the first). 
 
 2 — Equality — they are equal, as primogeniture gives no preference or 
 right.
 
 ADMINISTRATION. 
 
 3 — Preference — descending line is preferred to the ascending. 
 
 (19) " Commorientes " — (1) Where the deaths of (a) husband 
 and {h) wife have taken place at or about the same time — 
 i.e., where there is no evidence that one survived the other, the 
 next of kin is entitled to administer their estates respectively 
 {Wheeler, 31 L. J, Prob. 40). 
 
 (20) Commorientes (onus of proving survival of a husband 
 or wife in) :— 
 
 1 — Representatives (it lies upon the) of the deced for whom it is claimed. 
 2 — Repre (in case of sd.) inability to prove said survival — the other 
 
 deceds. next of kin take the grt. to his or her estate (Salterthwaite v. 
 
 Powell, 1 Cui-t. 705). 
 
 (21) Conveyance of the legal estate by an admor.— If a mort- 
 gagee in fee died intestate, as he had the legal estate, it 
 
 , descended to his heir-at-law, but, in equity, as a mtge. is only 
 considered as a security for the money lent, the legal personal 
 repres were (1) entitled to the money, and (2) the heir was 
 compelled to join them in a re-cyce of the estate, although he 
 might not be entitled to a Is. of the money, hut they might (a) 
 convey under 37/8 V., c. 78, s. 4, and, (b) in case of death (after 
 31/12/81) by 44/5 V., c. 41, s. 30, both the (1) estate and (2) 
 (2) money vest in them. 
 
 (22) Conveyance of the legal estate by an admor or " legal 
 personal representative " in the five following cases :— 
 
 (1) — Copyholder s (a deced) land, where, (1) at his death, there was a 
 subsisting contract for the sale thereof, enforceable against his (a) 
 customary heir, or (b) devisee, and (2) where he was sole trustee. 
 
 1. The said heir, or devisee, must join the admor in such cyce, 
 unless (a) the contract is binding on both parties (Lysaght v. 
 Edwards, 2 Ch. Div. 607), and (6) was prior to 50/1 V., c. 73, 
 s. 45, (as 44;'5, V., c. 41, s. 4, only applies to " sales of (1) fee 
 " simple, or (2) other freehold interest descendible to his 
 " heirs general.") 
 
 2. Prior to 1/1'82, the sole trustee's heir or devisee should have 
 transferred said copyholds, but since then, and prior to 50/1 
 V. c. 73, the trust estate will vest in his personal repre, who 
 will be the proi>er transferor (s. 30) — vide suh-par. 4 (2). 
 
 {2.)— Death {on the) intestate, after 31/12/81, of a ''hare sole trustee" 
 {i.e., one who has (a) no beneficial interest in, nor (b) any active duty 
 to perform in respect to the property whereof he is seised), as to
 
 ADMINISTRATION. 7 
 
 any (1) corporeal, or (2) incorporeal hereditament, wln.-rcijf he was 
 seised in fee simple. His })ersonal repre is the party to convej his 
 legal estate in each case (s. 30). 
 
 (3) — Death (on the) of a mtgee in fee intestate, after 31/12/81 — Both 
 the estate and money vest in his personal repres (notwithsfandlug 
 any testamentary disposition), who are, therefore, the proper ps to (1) 
 reconvey mtged premises, and (2) give rects. (s. 30). 
 
 (3a) — Exception in such case to s. 30 of 44/5 V., c. 41 — Said sect, does 
 not apply to laud of (1) copyhold or (2) customary tenure vested in 
 the tenant on manorial Ct rolls upon (a) trust, or (b) by way of 
 mtge (50/1 v., c. 73, s. 45). Therefore, if a mtgee has been 
 admitted tenant, his heir or devisee would have to join in a sur- 
 render to the mtgor, but if a mtgee be not' tenant on the court 
 rolls, he does not come within sd. statute. 
 
 4 — Land in fee to a pcher under the following circumstances — (1) devise 
 by A. thereof to, and (2) appt of B. as exor, (3) contract for sale, 
 (4) death of testator, (5) pbte, and (6) death of B. intestate before 
 completion of sale. 
 
 1. Presuming ct of sale to be binding on both j^arties, A. became 
 constructive trustee of the estate sold, from date thereof, for 
 A., the pchr. 
 
 2. By 44/5 V., c. 41, ss. 4 and 30, ppty vested on any trust in any 
 person solely devolves on his personal repres, from time to time, 
 Hke a chattel real, with full power to dispose thereof. 
 
 3. Letters of admon cum testamento annexo to A. — As B., the 
 original personal repre, dies intestate before cyce, a new repre 
 (by vjhom the estate may be conveyed to a pchr), must be consti- 
 tuted by taking out said letters. 
 
 (23) County (statutory facilities for obtaining (a) easily 
 and (b) cheaply a grant of admon in the District) Court. 
 
 1 — Applicants therefor : — The (1) widow, or (2) any of the children uf 
 the intestate. 
 
 2 — Fees to be tahen (on a personal appln at) in the (1) Dt. and (2) Ppal. 
 Reg. &c. (in non-contentious liusiness) on letters granted to an 
 intestate's (a) widow, or (b) one, or more, of the children of (1) an 
 intestate, or (2) intestate widow (except those granted pursuant to 
 (a) 36/7 v., c. 52, as (b) extended by 38/9 V., c. 27), where the 
 pslty is sworn not to exceed in value 20/. (5«), 30 (6), 40 (7), 50 (8), 
 60 (9), 70 (10), 80 (11), aO (12), and 100 (13). The figures in 
 brackets represent shillings, the fees payable.
 
 8 ADMINISTRATION 
 
 3 — Fees {what the sd) include — 
 
 (1) Grant (all fees payable in respect of such). 
 
 (2) " Renunciation" (a) executahle hy the sd widow — Fees payable for 
 
 (1) taking instrons for, (2) drawing, and (3) copying same. 
 
 4 — " Intestates (statutory) " — poor persons, and others possessed of 
 
 limited means. 
 5 — Limit of personalty — It must not exceed in value 1001. 
 6 — Procedure incidental to the sd ajjjjlication — 
 
 (1) Application may be made by (a) sd widow or (b) child to the Egr 
 
 of the Dt Co Co, who may require proof of applicant's (a) 
 
 identity, and (b) relationship, and such 
 2 — Rgr must prepare, complete, and swear applt's usual (1) affts, and 
 
 (2) bond {the escon whereof is attestable by the Rgr), required by 
 P. D. to lead to sd grt, and afterwards 
 
 3 — Post same to the {a) Dt or {b) Ppal Ry (as case may be), which will 
 
 in due course, 
 4 — Prepare, seal, and send grt to the sd 
 5 — Rgr, who delivers it to the applicant, gratuitotisly, except the (a) fees 
 
 and (b) stamp duty mentd, in sub-par 2.) 
 7 — Residence required — Applt must be residing more than 3 miles from 
 
 the (1) intestate's Dt Ry, or ( 2) the Ppal Ry, &c. 
 8— Statutes (2) affording the sd facilities— {I) 36/7 V., c. 52, and (2) 
 
 38/9 v., c. 27. 
 
 (24) Court's (the) Discretionary Power— Ct is unrestricted by 
 an admor. 
 
 (25) Covenant (effect of a) by a husband (who afterwards 
 dies intestate), under marriage settlement, to leave, by his will, 
 £10,000 to his wife. 
 
 1 — Case (leading) — Blandy v. Widmore, 2 L. C. Eq. 347, 2nd ed. 
 
 2 — A. dies intestate, possed of 40,0007. pslty, leaving (a) B., (b) one 
 child, and (c) one grandchild surviving. 
 
 3 — As there can be no breach of covenant until A's death, B. will not 
 take (1) the 10,0007. under covt, and (2) her statutory distributive 
 share of the residue (divisible herein into 3 parts), /or the latter is to 
 be considered as a performance, (a) total, or (b) partial, of such covt ; 
 in this case it is a total pfce thereof. 
 
 (26) " Crown- Nominee " (3 cases wherein a g-rant of 
 Letters is made to the) — When the intestate is (1) a bastard, or (2) 
 
 fel<iii. and ('■)) lias in. known relation. 
 
 (27) Cum Testamento Annexe— Cases wherein a grant of
 
 ADMINISTRATION. 9 
 
 Letters of Admon with the Will annexed usually becomes 
 necessary. 
 
 1 — Ahscntee-exor (an) — Resident out of the Ct's jurisdiction (U. K.) at 
 date of testator's death, if it ajjpears to the Ct (1) convenient, or 
 (2) necessary, on special grounds, to appt some other person to 
 administer the estate (20/1 V., c. 77, s. 73). 
 
 la — Attorneij (Ms), acting under a Power of Atty (P. K. (12, r. Ii2, 
 N. C.) — Said admon is grantable to him, but the Ct can, luider 
 s. 73, pass over the sd exor, //' there he special reason there/or. 
 
 2 — Death (exor's) he/ore (a) testor or (b) pbte of his will. 
 
 3 — Failure {the appointed exor's) to act. 
 
 4 — Idiot cy (the) of an exor is a ground (under Ct's statutory power) for 
 " passing over " or excluding him from the exorship. 
 
 5 — Imbecility (an exor^s mental) is a ground, &c. 
 
 6 — Inahility of the appointed exor to act. 
 
 7 — Infant (where an) is appointed sole exor, sd admon will be granted, 
 during minority, to (a) his guardian, or (h) such other person as the 
 Ct may think fit (38 Geo. 3, c 87, s. 6). 
 
 8 — Lunacy (an exor's) is a ground, etc., vide sub-pars. 3, 4/5. 
 
 9 — JVow-a/>^f— Testator's failure to appoint an exor in his will. 
 
 10 — (1) Refusal (the apptd exor's) or (2) unwillingness to act. 
 
 11 — Renunciation of the appointed exor. 
 
 12 — Umvillingness (the apptd exor's) to act. 
 
 (28) Cum (admon) testamento annexe. 
 
 1 — Appointee (the Ct\s) or nominee in the foregoing cases (upon whom 
 devolves the duty of seeing that the testor' s wishes are carried out), 
 is the person most interested in the pslty ; generally the residuary 
 legatee. 
 
 2 — BistriJjution (Statutes of) do not apply thereto. 
 
 (28a) Customs (ail special)— '-^^a^"*^ ^^ i'«% ^^^ere abolished by 
 
 19/20 v., c. 94. 
 
 (29) Death (admor's)— hi« rights necessarily cease thereon. 
 (29a) Death (intestate) of (a) depositors in, or (b) members 
 
 of "Building Societies." 
 
 1— dCSO (a sum not exceeding)— ii any depositor or member, having 
 same m the society's funds, die intestate, it may be paid to the 
 person who shall appear to the (1) Committee of management, or 
 (2) directors to be entitled under the Stat, of Distributions to 
 receive it, withoid tahing out Letters (37/8 V. c. 42, s. 29, " Building 
 Societies Act, 1874).
 
 10 ADMINISTRATION. 
 
 2 — Mortgagee's statutory rights as to payment of balance to an intestate 
 mtgor's admor. — Vide sub-par. 3. 
 
 3 — Mortgagor (an intestate). — When a member-mortgagor dies intestate, 
 leaving (1) an infant heir or (2) co-heiress, the society may, after 
 selling the mtged premises, pay to deced's admor any amt not 
 exceeding 150/. remaining in their hands, after deducting (a) the 
 ppal, and (b) sale costs, without being required to pay it into the 
 Post Office Savings Bank, as provided by the " Trustees Relief Acts," 
 s. 30. 
 
 (30) Death (husband's admon to her share on the) of a 
 married woman legatee before a final distribution— 
 
 1 — Letters, (tc. — Where a legatee dies before a final distribution, leaving 
 
 her lawful husband, and only next-of-kin her surviving, he must 
 
 obtain a grt of sd letters to her personal estate and effects, to enable 
 
 him to give a valid 
 2 — Receipt to the exors for (1) her share of the tester's residuary estate, 
 
 or (2) the balance thereof, if intermediate distributions have been 
 
 made. 
 3 — Letters {production of sd.) — if not obtained through the exor's solr, 
 
 same must be (a) produced to him for inspection, and (Jb) a copy 
 
 thereof be made to keep with the estate papers. 
 
 (31) Death of a mortgagee in fee intestate after 31 12/81— 
 
 (1) the estate and (2; money vest in his legal personal repres. 
 
 (32) Debt (admor's liability for) in an a/c wherein judgment is 
 
 recovered agst him — vide " Costs.'' 
 
 (33) Debts (payment of) owing l)y a deced, pursuant to a statu- 
 tory notice to his crs, out of pslty.— vide " Debts, &C." 
 
 (34) " Declarations " (3 cases wherein) of pslty by an 
 applicant for Letters of Admon are unnecessary. 
 
 1 — Chancery Dim. — where he is thereby apjxjinted guardian to (a) 
 
 infants or (b) minors. 
 2 — Testamentary (a) guardian — where he is such. 
 3 — Twenty pounds — where pslty is under .£20 (P. R. '62, rr. 33/6.) 
 
 (35) Declarations (sworn) of pslty— cases wherein same 
 may be (a) exhibited and (b) filed in the Registry. 
 
 1 — AbseMee (deced) — e.g., where a deced (a) went al)road upwards of 7 
 yrs ago, and (b) has not since been heard of, and (c) being 
 possessed of pslty in England, to which it is desired to obtain 
 admon.
 
 ADMINISTRATION. 11 
 
 2 — (1) Infants and (2) Minors — on a minor (a) attg 21, and (6) taking 
 
 letters, &c. 
 3 — Lunatic (a) — where Letters are obtained by any person, other thaa 
 
 the Committee of his estate, for his (a) benefit and (h) use. 
 
 (36) Denial (effect of an admor's) of (a,) amt or (b) debt in 
 a Cr's a/c for admon. 
 
 Judgment ivill he given for (V) an aect. to betaken of what is due to 
 the pit, (2) payment thereof, and (3) of costs to be taxed, <fec. 
 
 (36a) (1) Depositor (death, intestate, of a) in, or (2) member 
 of a Building Society — vide po-r. 29a. 
 
 (37) Descending (the) line is always preferred in a grt of 
 admon. to children. 
 
 (37a) Descent {for the rules of) on the death of an owner of (1) 
 copyholds or (2) freeholds intestate — vide App. A 4. 
 
 (38) " Devastavit " (as a rule a) is not committed by an 
 admor. by paying his intestate's statute-barred debt, l>iit not 
 one which the Cr is jirevented from enforcing by the St. of Frauds 
 {as this anomalous rule is not extendible { (1) Field v. White, 29 Ch. 
 Div., 358; (2) Be Rownson ; 
 
 (39) Discretionary (the Ct has a) power in granting 
 letters, &c. 
 
 (40) Disqualification (4 grounds of), which, if established, 
 would induce the Ct. to exclude an applicant for a grt of Letters, &c. 
 
 1 — (1) Bankruptcy {his), or (2) insolvency. 
 2 — Character {his) — the badness thereof. 
 3 — Health (extreme want of) . 
 
 4 — Interest {that he has an) incompatible with the due admon of the 
 estate. 
 
 (41) Distinction (an important) existing between (a) 
 admon and (b) pbte. 
 
 1 — Bond {Admon)— dull admors must, unless absolved by the Ct, find 
 security for a fair and just admon of the estate, which is done by 
 their entering into an admon l)ond to complete which the require- 
 ments specified in par. 138, sub-pars. 4, 5, (i. & 7, are necessary. 
 
 2 — Seciirity {no) is required from an exor. 
 
 (42) Distrain (the (a) admor, or (h) exor of any (1) landlord or (2) 
 lessor may either (a) before, or (t) after a grt) for arrears of rent due to 
 his (1) intestate, or (2) testor in his hfetime (3/4 Wm. 4, c. 4-2, ss. 37,8). 
 
 (43) Distress (as to ratification of a)— vide "Executors," 
 sub-nar. 35.
 
 12 ADMINISTRATION. 
 
 (44) Distributions (Statute of) does not apply to admon cum 
 testamento annexo. 
 
 (45) Distribution (statutory) of pslty, &c.— vide App. A. 2. 
 
 (46) Division (or statutory distribution) of an intestate's 
 pslty, does not take place for a year from his death, for the 
 security of the estate (St of Distributions, s. 3;. 
 
 (46a) Division (primary; of grants— 
 
 1 — General, embracing (1) all the deced's estate, or (2) all, &c. save and 
 
 except some distinct portion, and 
 2 — Limited, (a) for a special purpose in relation to, and (h) embracing a 
 portion only ( (c) the residue being included luider a " Cceterorum " 
 grt), which grts may he limited as folloivs : — 
 1 — Estate (in) — as where an admor has died, leaving his intestate's 
 
 ppty unadministered, thus necessitating a de honis non, &c., grt or, 
 2 — Time {as to)— e.g. (a) ad colligenda bona (to (1) obtain, and (2) 
 preserve perishable ppty) (h) durante minore xtate, or (e) jjendente 
 lite, or (d) for a particular object. 
 
 (1) — Ad colligenda bona defuncti: — for a particular object, e.g., to 
 (1) obtain, and (2) preserve perishable proijerty, vide par. 60, 
 sub-pars. 1 & 2. 
 (2) — Durante minore ietate—vide par. 60, sub-par. 7 (1-3). 
 (3) — Pendente lite — r?V?e par. 60, sub-jjar. 10 (1-2). 
 
 (47) Domicile (a) in France is not acquired by "mere 
 
 residence" (Br>',n>^r v. Freeman, 28 L. T. Re]*. 0. S. o7.) 
 
 (48) Duties (as to an admor's). 
 
 \~Burij {to) deced—{\) Edwards v. Edwards, 2 Cr. &M. 612 ; (2) Beeves 
 
 V. Ward, 2 Scott, 395. 
 2 — Collect (to) the intestate's personalty — Hayward v. Kinsey, 12 M. & R. 
 
 573. 
 3 — Exhibit (to) an inventory of intestate's personalty — (I) Phillips v. 
 
 Bignell, 3 Phill. 239 ; (2) Roberts v. Roberts, 2 Lee, 399. 
 4 — Grant {to obtain a) of Letters — Tagwell v. Hayman, 3 Camp. 298. 
 5 — Payment of all intestate's debts in legal order — vide (1) par. 77a, & 
 
 (2) " Debts;' &c., as to latter. 
 6 — " Residue " — distribution thereof amongst the next-of-kin in the shares 
 
 to which they are entitled under St of Distributions. 
 
 (49) "Emblements." 
 
 l—Case {leading )~Leicis Bowles, Tudor'sL. C. C, 103, 3rd Ed. 
 
 2 — Entitled (who is) thereto on a life-tenant's death intestate : — As between
 
 ADMINISTRATION. 18 
 
 (1) his personal repres, and (2) the reversioner, same wi.ul.l Ii.-long 
 
 to the former. 
 3 — " Growing crojjs" (being emblements) would go to sd rrpres. 
 4 — " Tree-Fruit" — the (1) apples, (2) pears, and (3) other fruits hanging 
 
 on the ti'ees would belong to the reversioner. 
 
 (50) Englishman (an intestate) domiciled in France: -the 
 
 disposition of iiis pslty is regulated by French law — ride " Dominie." 
 
 (51) "Entries" (the effect of) in (a) a Pass-book, whioli has 
 
 been in a customer's possession, and (h) in an intestate-tradesman's books 
 (made in the ordinary course of business when goods wei'e suppUed) : — 
 1 — Evidence (they ^ ovldi probahly be) agst such customer. 
 2 — Entry (as to proof of delivery of goods whereof no) teas made at his 
 
 death, delivery in some other way must be proved. 
 3 — Judgment under Order 14, r. 1 — must, if practicable, be obtained, if an 
 
 action has been commenced. 
 4 — Judgment (if ad nwr fails to ohtainsd) — hemustthen interrogate thedeft. 
 
 (52) " Equal-right " (where there are two applicants of) ■■— 
 
 the grt usually goes to the 1st {priori petenti ; Cordeaux v. Trasler, 34 
 L. J. Prob. 127.) 
 
 (53) Executor (admor of an) does not represent the original 
 testator. 
 
 (54) Exemptions (classified Schedule of 15 statutory) 
 
 from (1) admon, or (2) pbte. — vide ("Somerset House Guide"), 
 par. 45. 
 
 (55) Exemptions (statutory) from (a) duty, or (b) farther 
 duty — vide(" Somerset House Guide "), par. 46. 
 
 (56) Foreigner (a) dying intestate in England :— If tiiere is no 
 
 " relative-applicant," grt goes to the Consul of the foreign State whereof 
 deced was a subject. 
 
 (57) General (what a) grant embraces :— all the deced's estate, 
 
 unless some distinct portion is saved and excepted therefrom. 
 
 (58) Grantable (periods within which Letters, &c. are). 
 
 1 — District (by whom a grt under 14 day>< is direcfahle, if the ajipln is m a) 
 By :— (1) the Ct, or (2) a Ppal Rgr (P. R. '62. rr. 43/4, N. C, D. R. 
 rr. 51/2.) 
 
 2 — Generally— not until a fortnight after the intestate's death. 
 
 d— Specially— they are grantable before the expiratiom of 14 days in 
 two cases, viz. : — 
 
 (1) Co2irfs (under the) direction, or 
 
 (2) Registrar's (by order of two of the Principal).
 
 14 ADMINISTBATION. 
 
 (59) Grants (2 kinds of admon). 
 
 1 — Cum testameiito annexo — vide par. 27, suh-pars. 1 to 12 incl. 
 
 2 — Intestacy (under an) — a grt to some person (a) entitled to a portion 
 of tlie estate in disti-ibxition, and (&) in order of priority of right, i.e., 
 to (1) tlie immediate, or (2) more remote next of kin, or (3) failing 
 him, (a) a Cr.,or (6) the Ct's nominee. 
 
 (60) Grants (alphabetically classified schedule of 10) usually 
 applicable to (a) intestacies, and (b) testacies alike. 
 
 1 — " Ccete7'orum" {Boxley v. Stubbington, 2 Lee, 542, testacy.) 
 
 1. Definition — a grant to an admor to administer (1 the "residue" or 
 that portion of the estate left unadministered by an executor, or (2) 
 to which no gi't. has hitherto applied. 
 
 2. Examples thereof — (1) if a testator has appointed one exor (A.) 
 for (a) a special purpose, or (b) specific fund, together with another 
 exor (B.) for all effects and purposes, and (2) A. has obtained his 
 limited pbte, B, may take pbte of the rest (cceterorum) of testor's 
 effects. 
 
 2. So if a testor has (a) made a will, and (b) apptd an exor 
 (A.) as aforesaid, and (c) died intestate in all other respects, his 
 next-of-kin, after A. has obtained limited pbte, is entitled to 
 admon (Cceterorum) of the rest of the effects. 
 
 3. Bastard-bachelor, &c, — par. 60, sub-par. 5 (1). 
 2 — Cessate and Stipple mental : — 
 
 1. Arises (when it) : — when an original grant has been made of (1) 
 all the deced's estate, but is (2) limited in duration. 
 
 2. Examples: — (1) Dura7ite minore (etate of an exor (expiring on his 
 attg 21). 
 
 2. Life (for the) of an exor, and expiring on his death — 
 
 3. Pendente lite, expiring on the termination of litigation — 
 
 4. Revival of a grt to a surviving executor on the decease of his 
 co-exor, who has acted (Abbott v. A., 2 Phillim. 578.) 
 
 3. New (tvhen a), or re-grant of the whole of the sd estate must be 
 made, same as (1) sworn to, and (2) included in the original grt. — on 
 the happening of the 4 events specified in sub-par. 2. 
 
 3 — Colligenda (ad) bona defuncti -. — 
 
 1. Cr (ii-h'ii grtintabh' fo a) : — where the next-of-kin (1) neglects or (2) 
 refuses to obtain Letters of Admon . 
 
 2. Objects (particular) to which the grt. is limited — to (1) collect, (2) 
 obtain, CS) preserve, aud (4) administer an estate which is
 
 ADMINISTRATION. 15 
 
 endangered hy reason of its '' perisfuibleness" {ClarMiigton, 2 Sw. 
 & Tr. 382.) 
 
 4 — Be {Letters of Admon) honis non administratis are granted to the exor 
 iti the folio iri)Hj case s : — 
 
 1. "Bachelor" (a) who died intestate, leaving (1) a mother (wlio 
 administered, but died before completion of the admon), (2) an 
 elder brother of the whole blood, and (3) a married sister of the 
 half blood ; No. 2 would be entitled to saidgrt, because, if the mother 
 had been dead at the date of original grt, he -would have l)een 
 entitled to it; for, cceteris }>arihus, (a) males are j^referred to females, 
 and (b) the whole to the half blood. 
 
 2. Consols (unadministered) — grt to " the most largely interested 
 person,'' whether (a) next-of-kin, or (b) residuary legatee of D. 
 (hrinafr named) ,' where a testor (1) apptd A. and B. (a) exors and 
 (b) rsdy legatees in trust, (survivor dying intestate), and (2) gave 
 the residue to (a) G. for life, and (b) afterwards to D., all of whom 
 (1) survived testor, but (2) died, leaving sd Consols unad- 
 ministered. 
 
 3. Debts (recovery of outstanding) — if A., by his will, (appts. B. and C. 
 his exors, (2) dies, and (3) they prove it, (4) B. afterwards dies^ 
 leaving C. surviving, vrho (5) dies intestate, and (6) D. administers 
 to his estate, an a/c cannot be maintained by D. for A.'s debts, 
 because he, being only C.'s admor, does not represent A. ; said admon 
 must be taken out to A. 
 
 4. " New representative " — to enable him to administer such part of a 
 deced's goods as have been left unadministered by his admor. 
 
 N.B. — Grantee {rules whereby the Ct is usually governed in the appt 
 of a) : — The Ct, in making the sd grt (being endowed with absolute 
 discretion, Carr, L. Rep. 1 P. & D. 291, and 16 L. 181), is usually 
 (1) governed by the rules applicable to an original grt, and (2) 
 will grt to the person who has {a) an interest or {b) right {which is 
 preferred to that of a person having a derivative interest), sufficient to 
 have originally entitl-d him (if he had applied) to the former. 
 
 5 — " De bonis non cum testamento annexo." 
 
 1. Bastard-bachelor (a) — (1) makes a will, (a) disposing of part only 
 of his pslty, but (&) without apptg an exor ; (2) the legatee getting 
 the " lion's share " or largest interest thereunder, will be entitled to 
 sd grt, limited to the ppty thereby disposed of, and (2) the Croim 
 to admon cieterorum.
 
 16 ADMINISTRATION. 
 
 2. Death of exor (before phte), who, having (1) taken possession of 
 his tester's effects, and (2) done various executorial acts, (3) dies 
 before obtaining pbte, (4) leaving a will, which is (5) i)rovedby the 
 exor therein named. 
 
 2a. Reason — As the 1st exor never j^roved, he cannot transmit any 
 
 representation to his testor's will. 
 21). Statutory provision — By 21/2 V., c. 95, s. 16, where an exor (1) 
 
 sur^ives his testor, but (2) dies without having obtained pbte, his 
 
 right in respect of the exorshij) (a) ceases, and the sd cjrt follows to 
 
 the residuary legatee. 
 
 3. Death of (1) one exor and (2) then surviving exor, leaving part of 
 estate unadministered — Testor dies, having, by his will (a) apptd 2 
 exors, and (Jb) bequeathed residue of his estate in trust for B ; (c) 
 exors prove the will, and (cZ) then one dies ; (e) survivor dies, leaving 
 part of the estate unadministered ; a fresh grt will he made to B, 
 {residuary legatee). 
 
 4. No {where there is) exor, who (1) can, or (2) will act. 
 
 5. No {where there is) exor appointed, as in the follovnng cases: — 
 
 A. 1. Testor (1) directs his debts and funeral exps to be paid ; 
 (2) gives his pslty (except his furniture, bequeathed to a 
 daughter), to certain persons, upon trust to («) convert into 
 money, and (h) divide the proceeds amongst his children, but (3) 
 appts no exor. 
 
 (2) Grantees — The Ct will {although there are decisions to the' 
 contrary), grt admon to (1) the persons apptd tnistees {herein 
 regarded as residuary legatees in trtist), or (2) any one of them. 
 
 B. (1) Married {a) woman — Who is entitled to admon, &.C., where 
 she by a vahd will (wherein no exor is apptd), (1) gives half her 
 pslty betw^een a brother and nephew, and (2) other half to a 
 grandchild (all of whom sui-vive her), and (3) dies in her husband's 
 lifetime. 
 
 1. Before M. W. P. A. '82, admon was grantable to (1) her 
 husband, or (2) those having the interest, if they ajiplied 
 {Daxvson, 2 Rob. 135), 
 
 2. Since {jyrohahhj) the said, Act, as it is entirely in the Ct's 
 discretion as to whom the grt is to be made in such cases, it 
 would be made {in the ordinary form, without any recital of the 
 eejmrate pslty of the testatrix (P. R., rr. 15, 18, March, '87) to 
 (1) the grandchild (if of full age), (2) if not, then to the 
 brother.
 
 ADMINI8TUATION. 17 
 
 6. Pecuniary (where there is no) legatee, whose interest ix jitd-dnioimt. 
 
 7. (1) Probate by 1 of S exors alone (2 having fonnally nnouticetl, 
 thereby (a) terminating their rights therein, and (b) disintitling them- 
 selves to pbte) ; (2) " jirover " dies, leaving the admon incomplet' ; 
 (3) sd grt will, without citing them, be wade to the residnortf Irgafee. 
 
 8. Residuary (where there is no) legatee. 
 
 9. Unadministered Consols — Vide ]}ar. 60, sub-par. 4 (2). 
 
 10. " Whereahonts" (when the) of the residnarv legatee is (1) un- 
 known, and (2) he cannot he found. 
 
 N.B. — (1) Next-of.kin is preferred, if he has a better title than 
 No. 6 (a pecuniary legatee). 
 6 — Durante absentia — a limited, grant of adm on . 
 
 1. Abroad (where (a) an exor, or (b) next of kin is) or out of the United 
 Kingdom at the time of the decease of (1) the testator, or (2) 
 intestate, the gi'ant may be made to another, (a) during the said 
 absence, (b) expiring immediately on the former's return. 
 
 2. Classes (2)— Ct's appointee to administer an estate either (1) gene- 
 rally or (2) limited. 
 
 3. Residence ((1) admorsor (2) exor's) after grt, out of the jurisdiction : — 
 
 1. Aft in support of appln to ct — one by (1) a cr, or (2) legatee, 
 or (3) next of kin. 
 
 2. Grant (tvhen a special admon) ivill be made — at the end of a 
 year from the death of (1) the intestate, or (2) testator. 
 
 3. Statutes relating thereto— (1) 38 Geo. 3, c. 87, (2) 20, 1 V. c. 77, 
 s. 74, and (3) 21/2 V., c. 95, s. 18. 
 
 6a — Durante absenfid principalis — (1) a general or limited grt to an 
 agent for (a) the use and benefit of, and (b) limited to the return 
 of the ppal (Pallison v. Ord, Bunb. Exch. 16(j.) 
 
 7 — " Durante minore relate " — (Hugger, 3 Sw. & T. 65. 
 
 1. Classes (2) — -(1) general, or (2) limited, as regards the estate. 
 
 2. Definition — The Ct's ai)pointee to administer the estate, when the 
 (1) next of kin, in case of intestacy, or (2) sole exor named in a will, 
 is each under age. 
 
 3. Limitation thereof— it is limited to such infant's majority. 
 
 8 — Litem (ad)— Chanter, 1 Rob. 27 1-. 
 
 9 — Lunatic (for the (a) benefit and (b) use of a) — 
 
 1. Classes (2)— (1) general, or (2) limited to his committee, and 
 
 2, Limited to his recovery (Southmead, 3 Curt. 29). 
 
 c
 
 18 ADMINISTRATION. 
 
 10 — Pendente lite'' (a " cessate" cpi), or one limited in time. 
 
 1. Cessation of grt — on the termination of the said action. 
 
 2. Definition — Court's appointee, to administer an estate, when an a/c 
 
 concerning the right of admon is pending therein, until the termi- 
 nation thereof (Stdton v. Smith, 1 Lee, 209). 
 60a. Guardian («), for admon. purposes, is electable by (1) 
 a "minor" (i-e., a person («) over 7 and (6) under 21), but not by 
 an "infant," i.e., a person under 7. 
 
 60b. Guardian (the) of a minor of the whole blood is pre- 
 ferred to the half blood (Stmtton v. Tinton, 31 L. J. p. 48). 
 
 61. (1) Half-blood (the) as well as (2) the whole blood, is 
 admitted to admon. 
 
 62. Heirship (illustrative case as to)— If A. dies (1) seised 
 
 of realty, (2) without issue, and (3) intestate, leaving his (a) mother, 
 (6) brother, (c) sister, and {d) grandfather him surviving, his brother is 
 Ms heir. 
 
 63. Husband's («) consent to a grant to his wife is unneces- 
 sary. 
 
 64. Husband (surviving*) has (1) the first right to administer 
 his deced intestate wife's estate; (2) in the absence of proof of 
 survival, grt goes to her next of kin (Selivyn, 3 Hagg. 784 ; Taylor v. 
 BiplocJc, 2 Phillim. 267. 
 
 65. Infant (an), for admon purposes, is a person under 7- 
 65a. Insolvent (admon. (not by the Ct), ofthe legal assets 
 
 of a deced) intestate, with reference to the following classes of Crs. 
 
 1 — Crown-debts by (1) record or (2) specialty. 
 
 2 — Judgment-crs, if the judgment be (1) registered, or (2) re-regtd. (as 
 
 provd by 23/4 V., c. 38, ss. 3/4) within five years before death. 
 
 As to their order inter se, vide Be Lord Kensington ; Bacon v. Ford 
 
 (53 L. 19). 
 3 — (1) Simple contract crs, (2) landlord's rent {subject to their right 
 
 of distrees), and (3) specialty crs (32/3 V., c. 46; Re Osmond, 
 
 58 L. 34). 
 4 — Mortgagees must (1) realise their securities, and (2) rank, for any 
 
 deficiency, with the crs scheduled in sub-par. 3. 
 5 — Next of kin must, (except as to mtge-debts coming within (a) 17/18 V., 
 
 c. 113, and (b) Amendment Acts), abate before the heir-at-law. 
 
 (65b) Insolvent (admon in banhruptcy of a deced) debtor's estate, 
 tmder '' Bktcy Acts," '83 (^ '90.~Vide "Bankruptcy Admon," supra.
 
 ADMINISTRATION. lf» 
 
 (66) Interest (when) on an intestate's share of partnership 
 assets is addible— vide " Partnership." 
 
 (67) Intestacy (on), the intestate's realty descends to his 
 heir-at-law :—ride App. A 2. 
 
 (68) "Intestacy" (the 9 prominent "disadvantages" 
 resulting- from an), where a person foolishly puts off making his 
 will until it is too late. 
 
 1 — Administration, {a claim to the) of the intestate's personalfi/ luav, 
 l^erhaps, be made by an improvident or unbusinesslike nearest 
 relation. 
 
 2 — Daughters' {married) interests — will be (1) unfettered, and (2) 
 subject as follows : — 
 (a) 1870 {if married before 9th August), 33/4 V., c. 93— to their 
 
 husband's (1) control and (2) liabilities. 
 (h) 1882 (if married since) : — to their husband's persuasion. 
 
 3 — '' Beprivation, &c. — His negligence or unreasonable dislike to making 
 a will, may deprive those for whom he was most anxious of the 
 very benefits which had demanded a life-long struggle to provide. 
 
 4 — Irreparable (an) crime against those who have a first claim to protection — 
 Instances might be multiplied wherein the sd negligence, &c., 
 amounts to siich a crime. 
 
 6 — Next-of-kin (the) may be (a) abroad, or (b) minors. 
 
 6 — Objectionable " beneficiaries'' — (1) the persons, or (2) some of them 
 who take the estate, may be those the intestate most wished should 
 not benefit or take. 
 
 7 — "Ouster" (the) by intestate's eldest son (as heir-at-law) of all his 
 brothers and sisters from possession of the realty, 
 
 8 — Provisions (abortive) — None for (1) conversion, (2) investuieiit, or 
 (3) sale, according to the intestate's wishes, are effectable. 
 
 9 — Sharing (a) by the ividow with a (1) distant, and, (2) perhaps, unknown 
 cousin of the intestate (subject to the useful change in the law made by 
 the" Intestates' Estates Act, 1890," giving her a claim upon a child- 
 less intestate's ppty) — she may find, to her grievous disaj)pointment, 
 that the estate, («.) a sid^stantial life-policy perhaps, or (b) a few 
 hundreds in Consols, is not all hers, but has to \'v shared ;is afsd. 
 
 (69) "Intestates' Estates Act, 1890 "-vide "Statutes," 
 A., App. 13, sub-par. 10. 
 
 (70) " Joint (a) admon " is only grantable on consent. 
 
 (71) Joint (a) admon is not made, if avoidable, as a sole 
 admon is preferred. 
 
 c 2
 
 20 ADMINISTRATION. 
 
 (72) Joint (result, if consent to a) admon is refused— it 
 
 revolts to (1) residuary legatee, or (2) other apijlicaut in order of (a) 
 priority of interest, or (b) right under an intestacy (Dampier v. Colson, 
 2 Phillini. 54). 
 
 (73) Joint (aj grant to iX) widow (who has been " passed over " 
 on the disqualifying grounds of {a) adultery or (b) divorce) and (2) 
 person entitled, is refused. 
 
 (74) Judgment in an a c agst (a) an admor or (b) exor-— In 
 a/cs agst them, if an admor or exor (1) pleads a pleading, admitting his 
 character as such, and (2) it be foimd agst him, judgment may be 
 that the pit recover agst him (a) the debt or damages, and (b) costs to 
 be levied of the deced's goods and chattels, if he (1) has so much in his 
 hands, and (2) if not, then costs to be levied of deft's goods and 
 chattels. 
 
 (75) (2) Judgment (if (1) the representative capacity is 
 
 denied and) is given agst him, he may, if there are no assets of his 
 intestate, render himself personally liable for debt and costs. 
 
 (76) " Justifying security "—when same is demandable, from 
 an intended admor, by a person entitled in distribution (P. R. '62, 
 r. 42, N. C.) 
 
 1. Directed (ivhen) by the Ct. — As a rule, Ct will, at its discretion, 
 according to the circumstances of each case, direct it, to extent of 
 applicant' s share, if a ne:d-of-Tiin applies therefor. 
 
 2. Ordinary (in) cases, sureties to an admon bond do 7iot justify. 
 
 3. Bales of Ct. in the following 10 cases, vs^ially bind them to justify 
 (P. R. '62* r. 42,N. O* 
 
 1 — Absentee (a dreed) — e.g., where deced (a) went abroad upwards of 
 7 yrs ago, and (b) has not since been heard of, and(c) being possessed 
 of some pslty in England, it is desired to obtain admon thereto. 
 
 2 — Absentee's (to /rrotect an) righ ts — In all cases where there is not a 
 personal service of a decree on " citees " having a prior claim to 
 Letters, &c. ( (1) Fairland v. Percy, 3 P. & D. 222; Milligan, 
 2 Robert, 110.) 
 
 3 — Act (ov on appointee's failvre to), tCr. — where ps entitled to administer 
 (Ij du not act, or (2) are unknown to the interested survivors, latter 
 will be permitted to act, on (a) bringing this clearly before the Ct's 
 notice, and (fe) giving the requisite security ; e.g., A. left a will, 
 whereby he (1) apptd 2 exors, one only of whom (a) survived, and 
 (h) renounced, and (2) apptd B. (his '-ousin, who could not be
 
 ADMINISTRATION. 21 
 
 found), residuary legatee ; (8) A.'s brotlu-r (a) i-ruvcd that lie had 
 
 no such cousin, aud (b) took Letters (as next-of-kin) on jjivinj^ the 
 
 requisite security (Call v. Guilleriiiey, 12 Jurist, 966). 
 4 — Lost (a) will, contents irhereof wire knowu - - adnion },'raiit('d to 
 
 widow, on a bond witli justityiuy security (Ciihiiiln'11,2 Hag};;. 555). 
 5 — Lunatic (where letters are obtained by any person othir than the Cicc 
 
 of his estate, for the (a) benefit, and (b) use of a). 
 6 — Minor (a), (a) atfi/. 21, and (>/) tal-imi Letters, finds sureties in ihr 
 
 same amt as his guardian pendeate minore letate (Abbott v. A., 2 
 
 Phillim. 578), but sa.id security is in the President's discretion. 
 7 — Receiver (a) of realty pendente lite — must give a bond, with (Ij two 
 
 sureties, and (2) in a penalty of sucli an amt as the judge may 
 
 direct (79 D. R). 
 8 — Receiver (in case of a) for a temporari/ /■ iir pose, v^hcre it is not clear 
 
 that the Ch. Div. will retain its control over the estate after grant 
 
 (Jackson v. /., 35 L. J. 3 Prob.). 
 9 — Re-sworn (tvhere the estate is) under a lanjer amt., owing to an accre- 
 tion of pslty, a separate bond (in do ible amt of latter) is usually 
 
 required (Weir, 1 Sw. & Tr. 506). 
 10 — TJnsuccessf^d (ivhere an) applicant (a next of kin), for Letters had 
 
 applied that the sureties might be compelled to justify ; same was 
 
 ordered, limited to her distributive share (Coppin v. Dillon, 4 Hagg. 
 
 876). 
 
 (77) Lease (an admor's liability on a beneficial) taken by 
 his intestate. 
 1 — If A. (1) takes a beneficial lease, and (2) afterwards assigns it to B., 
 
 A. (being the lessee), (a) remains liable (notwithstandimj assnt) for, 
 
 but is (b) entitled to B's indemnity agst the covts and rent perform* 
 
 able and payable thereunder. 
 2 — Protection of an admor from further liability on covts in his intestate's 
 
 lease, &c. — vide " Indemnity,'' par. 48, sub-par. 2. 
 
 (77a) Legal (admon of) assets of a deced (a) solvent, or (b) 
 insolvent intestate (if latter are not administered by the Ct), with reference 
 to certain specified classes of Creditors. 
 1 — Crown-debts by (a) record, or (b) specialty. 
 2 — Judgw.ent Crs,\i judgment be (a) registered, or (b) re-regtd (as provd 
 
 by 23/4 v., c. 38, ss. 3 4j, within 5 yrs before deatli. As to their 
 
 order, inter se, vide (1) Bacon v. Ford, 53 L. 10, and (2) Re Lord 
 
 Kensington, id.
 
 22 ADMINISTRATION. 
 
 S — (1) Simple Contract Crs, (2) landlord's rent (subject to their right of 
 distress), and (3) specialty Crs (32/3 V., c. 46 ; Be Esmond, 58 L. 34). 
 
 4 — Moiigac/ees must (1) realize their securities, and (2) rank, for any 
 deficiency, with No. 3. 
 
 5 — Next ofl-in must (except as to mtge debts coining within (a) 17/18 V. 
 c. 113, and (b) Amendment Acts), abate before the heir at law. 
 
 ( 78 ) " Lex domicilii " Qast owner's domicile at the time of 
 Ms death), governs the succession to personalty. 
 
 (79) "Limited (a) grant," embraces a portion only of the 
 deceased's estate. 
 
 (80) Limited (3 kinds of) grants. — Limited in (1) estate, 
 (2) time, or (3) to a particular object. 
 
 (81) Limited admon cum testamento annexe— limited to 
 (1) assets in a certain jurisdiction, or (2) money due on a pro- 
 missory note. 
 
 (82) Limited admon cum, &c., grantable to a legatee's 
 repre, exor being absent. 
 
 (83) Lunacy (grt on) before pbte of a sole exor.— Admon is 
 
 granted to (1) the residuary legatee, or (2) failing him, to one of the 
 persons mentioned in par. 
 
 (83a) Lunatic. — Letters will be granted to his or her next-of-kin, 
 for his or her benefit. 
 
 (84) (I') Marines (intestate), (2) officers, and (3) seamen.— 
 Disposal of their effects and money.— On the death of any person 
 
 (a) being, or {b) having been such, the amt (if any), standing to his 
 credit in the Admiralty books, in respect of (a) allowances in the nature 
 of (1) bounty, or (2) prize-money, (b) arrears of jiay, (c), botmty, or 
 (d) prize-money, (e) (jratits in the nature thereof, (/) tvages, or (</) other 
 money payable by the Admiralty, shaU be disposed of to his repres, 
 j.ur.suant to CI) 28 V., e. Ill, and (-2) 31 2 Y., c. 90. 
 
 (85) Married (grt of admon to aj woman admix. 
 
 1 — " Contract " in 45/6 V., c. 75, s. 18, includes the acceptance of the 
 
 office of (a) administratrix, or (6) executrix. 
 2 — Hvsband {her) is not to be liable, 2inless he has (1) acted, or (2) 
 
 intermeddled in the (a) admon, or (6) trust. 
 ^ — Liabilities (provns of sd Act as to her) extend to (1) a breach of 
 
 trust, or (2) devastavit committed by any md wn, (a) admix or 
 
 (b) extrix, either (1) after or (2) before marriage. 
 -Powers (her separate statutory). — By sd Act, a md wu who is apptd 
 
 (1) admix, (2) extrix, or (3) trustee (a) alone, or (b) jointly with
 
 ADMINISTRATION. 23 
 
 any other jyerson, is fully mipoirfreil in arf ttx surli irilhuitf htr 
 husband. 
 
 (86) "Minor" (a), for admon purposes, is a person over 7 
 
 and under 21; ^^ i^'an elect a guanliiiu. 
 
 (87) Mortg-ag-ee (on death of a) in fee intestate, &c. - vide 
 " Death," par. 31. 
 
 (87a) Mortgagees (« Building Society's statu tor y riyhts as) as to 
 payment of balance of i)roceeds of sale, &r. toan intestate nityor's admor. — 
 Vide par. 29a. 
 
 (88) Nephew (when a) is entitled to Letters of Admon.— 
 
 After (1) granclfath'- rs ur (2) grandniotlirris of iutcstate, and CS) wlieii 
 others, having a prior claim, (a) consent to a grt to N., and (6) 
 renounce such rights, although N. may then (1) have only a " 8pe« 
 successiotiis," and (2) be not entitled in distribution (Willionis, L. K^p. 
 2 P. &D. 81). 
 
 (89) " Next-of-kin " means those nearest in degree of rela- 
 tionship at the time of the intestate's death. 
 
 (90) Next-of-kin (the grantee is usually one of the) 
 according to priority, on (1) husband or (2) wife failing :— 
 
 (91) Next-of-kin (admon of an intestate's pslty when there 
 are no) ab ovo usque ad malaXi.e. (a) technically, fi-om commence- 
 ment to end, or (b) literally, " from the egg to the apple " ; the 
 Roman feasts began with eggs and ended with apples)— vide 
 par. 121, sub-pa. 9 (1/11 incl.) 
 
 1— Grant of Letters to the Treasury-Solicitor (for the Crown). 
 
 2 — Writ (a) is issued by Cr. agst Try-Solr, making the Atty-Gl a 
 
 party, and as it would (1) claim, or (2) involve the taking of an 
 
 account, an 
 3 — Interlocutory (a) judgment or (6) order, directing the usual (1) 
 
 proper accts, an<i (2) inquiries will forthwith be (a) made, (iinhss 
 
 the Ct is satisfied that there is some preliminary question to he tried), 
 
 and must be (6) drawn up, (c) passed, and (</) entered, whereui.on a 
 4 — Summons to jiroceed is issued, and the 
 
 5— Office copy, (a) judgment or (b) order is brought into Chambers. 
 6— Chief Clerk (1) takes accts, (2) makes iiKjuiries, and (3) embodies 
 
 the result thereof in a 
 7_Certificate (1) (signed by him), and (2) filed in the Central office. 
 8 — Thereupon the cause is heard on further consideration, and a 
 9— Final judgment (1) made, (2) dr.wii up, (3) pa.ssed, and (4) entered 
 
 in the usual wav, after which the costs are taxe<l.
 
 24 ADMINISI RATION. 
 
 10— Pavmeut (after) of (1) costs and (2) debts, the surplus, if any, in 
 default of next-of-kin, is handed over to the Crown. 
 
 (92) (1) Next-of-kin (a gvt may be to the), or (2) widow, 
 because the former has an equal right with the latter. 
 
 (93) Next-of-kin (admon to other)~(l) joint grt is refused; 
 (2) (a) majority of interest, (b) male and (c) sole admon pre- 
 ferred; (3) primo or priori petenti. 
 
 (94) Next-of-kin preferred to creditors. 
 
 (95) Nominee (admon to a) of next-of-kin is generally 
 refused, exce^Dt under special circumstances. Vide par. 121, sub- 
 par. 5 (1). 
 
 (96) Objection (4 grounds of), or disqualification for an 
 Admorship, &c. Vide par. 40. 
 
 (97) Order of preference of next-of-kin.— " Succession table," 
 
 showing the order in which an intestate's next-of-kin, or relatives (a) 
 rank, or (b) are entitled by law to L-tters, as regards priority of claim 
 to administer h s ])slty. — 
 1 — Husband, even since the M. W. P. A. '82 {Be Lambert; Stanton v. 
 
 Lainhert, 59 L. 429; 57 L. J. 927, Ch.), and wife are usually first 
 
 preferred, but do not take as next-of-kin (21 Hen. 8, c. 5). 
 2 — Child or children. 
 3 — Grandchild or grandchildren. 
 4 — Great grandchildren. 
 5 — Father (on failure of children). 
 6 — Mother ; both (a) children and (b) parents are in the first degree, but 
 
 children are preferred. 
 7 — Brothers and sisters. 
 8 — Grandfathers and grandmothers. 
 9- — Fncles, aunts, nephews and nieces, or great grandfathers or great 
 
 grandmothers. 
 10— Great nephews and nieces, &c., of whom all in an equal degree are 
 
 equally entitled. 
 N.B. a. Appointee {Court's) :— the Ct can (under s. 73 of C. P. A. i)7), 
 in derogation of the said classified parties' rights, (1) appoint 
 anybody it pleases, and (2) need not follow the said legal 
 order. 
 
 b. Creditor {a) may be appointed by the Ct, on insolvency, next- 
 of-kin refusing. 
 
 c. Half-hlood, as well as whole, is admitted to admon. ^ 
 
 d. " Terminus a (pio " several degrees are numbered — the intestate.
 
 ADMINISTRATION. 25 
 
 (98) " Pauper-intestate " (one who has left no pslty of his 
 own)— 3 cases wherein the appointment of a legal personal repre- 
 sentative to him is required- 
 
 1 — Feme-covert executrix, appoiiitiii;;- \>y ]vv will an t-xor iiii(l«'r her 
 common law right, of goods vested in her as executrix. 
 
 2 — Sole (if a) surviriiiy trustee of j.ersoiialfy die intestate, adiiiDU lliereof 
 will be granted. 
 
 3 — Testator (where) has made a inU, appointing an exor to administer 
 the estate of another testor, whose (a) sole, or (b) surviving ex<»r 
 he himself was, pbte of latter's will is grunted, limitt'd to su<h 
 admon, he himself hai'viuj no estnte. 
 
 (99) Pendente (admor) lite -vide par. 60, sub-par. 10. 
 (99a) "Per capita." — Vide par. 2 "Succession, &c.," App. A. 4. 
 
 (100) "Per stirpes " (when next-of-kin take personalty)— 
 
 1 — ^'Collateral successions'' — the rule is apj)liral>lc thereto {Lm-kyer \. 
 
 Vade, Barnard, Ch. E. 444). 
 2 — Definition thereof — when next-of-kin take pslty (a) by a representation 
 
 through intestate's brother or sister, and by (b) not in their own 
 
 right, i.e. 
 'S — Division (a) among intestate's desceridants [R' Natt ; Walker v. 
 
 Gammage, '67 Ch. Div. 517; 58 L. 722; but see contn't Williams 
 
 Exors. 1503, 8th ed.) 
 4 — Pre-deceases (where a child, of intestate) his mother, without children 
 
 or widow, each suryiving child of intestate shares such deed child's 
 
 share equally with the mother jicr .stirpes (1 Jac. 2, c. 17, s. 7). 
 
 (101) Posthumous children take property as if born in their 
 father's lifetime (10 11 Will. 3. Will. 3, c. 16). 
 
 (102) Power ( (1) liabilities and (2) rights of an admor 
 under a) of attorney — 
 
 1 — Grant (he receives the) to which his princijial was entitled. 
 2 — Oath (usval admor s), following terms of condition of admon bond, 
 must be taken by him (Gohhhorough, 1 Sw. S:, Tr. 297). 
 
 (103) Power (effect of an admor's payment under a) of 
 Attorney.— Vide par. 12. 
 
 (104) Preference (reason for the) given by the Ct in a grt 
 to a residuary legatee (if one), over tester's (1) widow, (2) next- 
 of-kin, or (3) a pecuniary legatee 
 
 1 — Choice (testor s) ;— if a testor do not name any exor of his will, 
 admon cum testamento annexo would be granted to residuary legatee
 
 26 ADMINISTRATION. 
 
 (if one), in preference to the next-of-kin, being, as it were, the tester's 
 choice. 
 2 — Reason : — the Ct, in the exercise of its discretion, considers right to 
 admon to follow the right to the property. 
 
 (105) Preference (attempted) by a Cr.— applicant for admon 
 over intestate's other Creditors. Procedure by any other Cr to 
 prevent the former paying his debt in preference to the latter— 
 
 1 — Objection to grt. — Latter can object to a grt being made to former, 
 
 unless he agrees to pay all Grs. pro rata. 
 2 — Practice (present) : — not to grant. Letters to a Cr, unless he agrees 
 
 as afsd. (in his bond), whether any other Cr be present to 
 
 (1) consent, or (2) object (Brackenbury, 2 P. D. 273 ; 36 L. 744 ; 
 
 46 L. J. 42, P.D.) 
 
 (106) "President's" (the) statutory rights over the estate 
 until grt — (1) After intestate's decease, and (2) until grt of admon 
 the estate vests in the Prsdt. ('57, s. 19). 
 
 (107) "Primogeniture" gives no right in a grt of admon to 
 children. 
 
 (108) Principle of the grant, or selection of an admor. — 
 
 1 — Grantees (iisual) : — grt is usually made to those having the 
 greatest (] ) right under an intestacy, or (2) interest under a will, 
 and, therefore, 
 
 2 — Greatest (the) object in a fair admon of the estate. 
 
 3 — Selected parties: — those most likely to discharge the office with (1) 
 care and (2) diligence. 
 
 (109) " Priori petenti " (2 applicants of equal right) — 
 
 grant usually goes to the first (Cordeanx v. Trasler, 34 L. J., Prob. 
 127). 
 
 (110) Priority ("ruling guides " as to) of claim in (1) an 
 admon under an intestacy, and (2) a will respectively— 
 
 1 — I/iterest is the ruling indication thereof \uider a will, and 
 
 2 — Right, deteiminalde }>\ |>riority of relationshijj, under an intestacy. 
 
 (111) Priority of claim — Succession table showing, &c., vide 
 (1) par. 97, and (2) App. 2. 
 
 f 112) Priority of claim— The Ct can appoint anybody it 
 pleases as admor. (Vide jiars. 24 and I'-i'Sa). 
 
 (113) Realty descends to the intestate's heir-at-law. 
 
 <^114) Refusal 'on) of all exors to prove— Grant of letters of 
 admon to one of the next-of-kin follows. 
 
 (115) " Registration " 'cases whereinj of letters of admon is
 
 ADMINISTRATION. 27 
 
 necessary — Same xauatf as soon as practicable after grt, be (1; produced for 
 registration at the bank or banks whereat intestate was a (lojiusitor, 
 and (2) sent to the secretary or secretaries of any («) railway or (b) 
 other companies, or undertakings, wherein he was a registered proprietor 
 of stock, to be (a) recorded in their books, and (b) a menidum of (1) the 
 date and (2) fact of such production and registration to be endorsed 
 thereon. 
 
 (115a) (1) Rights (miscellaneous) and (2) remedies of an 
 admor— Schedule thereof. 
 
 1 — Notice (a statutory) to crs: — vide " Notice, &c.," par. 68, svb-ptar. 15. 
 
 2 — Receipts (a power to give) — vide " Bights," par. 85, sub-par. 14. 
 
 3 — Retainer (his) of a debt due to himself from deced, vide par. 29, sub- 
 
 par. 7. 
 4 — N.B. — Other {all) miscellaneous (a) rights and (b) remedies will be 
 
 found under the head "Rights, &c.," par. 85, many of which are (1) 
 
 applicable to, and (2) enjoyed by an admor also. 
 
 (116) Selected (who is first generally) as admor -F(rfe 
 par. 117. 
 
 (117) Selection of admor— One most likely to discharge the 
 oflfice (1) carefully and (2) diligently is selected. 
 
 (118) (1) Sole admon is prefen-ed, and (2) a joint grt 
 avoided, if possible. 
 
 (119; Solicitors (aj advice — Matters whereon the same 
 
 should always be taken—T'u/t; '• Aavice," par. 5, sub-purs. 1 to 6 inch 
 (119a) Solvent {admon of the legal assets of a deced) intestate, Ac- 
 Vide " Insolvent," par. 65a, sxib-pars. \ to b incl. 
 
 (120) Special (applicant's appointment fur a) purpose, limitable 
 in (1) estate, and (2) time, or (3) for a particular object. 
 
 (121) Special (10) grants of letters, &c., to an intestate's 
 
 personalty : — procedure relating thereto — 
 
 1 — Absentee for 7 years— lo obtain admon to the estate of A., who (1) 
 having gone abroad, and (2) not been heard of for 7 yrs (after which 
 period, he is, without any presuuii»tit>u as to the precise time of 
 death, considered dead : Nepean v. Boe, 2 Sm. L. Cas., 703, in 
 notis, 8th ed.), if possessed of pslty in England, his nearest relatives 
 should apply to P. D., by motion, supported by an affit, stating the 
 facts — 
 
 \a,— Absentee s (preliminary procedure before appln for n grant of 
 Letters to sd) pslty. —
 
 28 ADMINISTRATION. 
 
 1. Advt (an) must be inserted (by his next-of-kin) in 3 newspapers, 
 inviting information as to the intestate. 
 
 2. Afft. (a7i) verifying such insertion must be made. 
 
 3. Afft (a«) by some member of the family (stating the facts) is usual, 
 in suj^^ijjort of a motion to the P. D. 
 
 4. Citation of the next-of-kin, \i the application for Letters of Admonis 
 made by some other ajiplicant. 
 
 5. Declaration (a) of intestate's pslty is filed by applicant, and 
 
 6. "Justifying security'''' given by him, after -vvhich 
 
 7. Motion (a) to P. D. is necessary, supported by sd affts. 
 
 2 — -" CJiose-in-aetion " (result as to) of a. married woman, who (1) dies, 
 learuttj her husband surriving her, who (2) afterwards dies, leaving it 
 unreduced into possession. 
 
 1. J.f?7>io/i— Irrespective of the M. W. P. A. '82 (since which it would 
 form part of her separate estate), it (1) belongs, and (2) admon must 
 be taken out to her estate. 
 
 2. Sue (proper party to) therefor — her admor, as her lid never inter- 
 meddled with it during life (Fleet v. Perrins, L. E,ep. 3 Q. B., 
 536; 4 id 500). 
 
 3 — Creditor (whtn a) is entitled to take out letters of admon — 
 
 1. No applicant — When iiu one else will do so. 
 
 2. Relationless — When intestate has died without leaving any known 
 relation — Vide sub-jiar. 9. 
 
 3« — Creditor's procedure to obtain a grant of letters of admon. 
 
 1. Notice mii.d be given by cr. to the Queens Proctor, that he intends 
 applying for a grant, specifying (where 2 or more crs. are contending 
 therefor) the (a) amt, and (b) nature of debt, so that (1) the Ct 
 may have all the facts before it, when making its election, and (2) to 
 show that it is not statute-barred, (c) nature or particulars and 
 amt of assets, and (d) that he has no security whereby the debt 
 can be recovered without admon. 
 
 2. Queen's (on the) Proctors refusal to administer, he infoi'ms cr by 
 letter. 
 
 3. Crs afft (verifying the facts in sub-par. 1) is then filed. 
 
 4. Crs bond, with two sureties, to administer rateably, must be 
 entered into, if the estate is insolvent (In Brackenhurys goods, L. R. 
 2 P. & D. 273). 
 
 5. Creditor (1) enters a caveat agst a yrt (r. 66), and extracts or iss^ies a
 
 ADMINISTRATION. 29 
 
 citation agst ((/) next-of-lcin (if any) undtT r. 7ii. iiii.l (//) all otln-r 
 persons claiming to be interested in the ]>slty. 
 
 6. Service of citation on (1) them hij aitrf in xnch nfirxjuijirrt^ ng the 
 Ct directs, and on (2) Q. P. personally. 
 
 7. Cr's afft, stating (1) sd facts, aud (2) tliat he is unsecured. 
 
 8. In default of a p pee by any person cited, or then (1) files a dtM^Jon of 
 particulars of the estate, and (2) gives security, (P. K. '62, rr. 42, 
 66, 68, 70, 75/6 N. C), whereupon 
 
 9. Letters of admon thereto are granted. 
 
 4 — Creditor (admon to a) of an intestafe husba nd, killrd (//•//// his infe) 
 in a railway acrid e id. It being inijtossilile to say whirh dieil first 
 in case of " Commorientes," Cr. must file the following affidavits, &c., 
 viz. : — 
 
 1. (1) Afft. as to, and (2) proof of death within the jurisdiction. 
 
 2. Bond {usual admon) to pay all Crs. j<ro rata, i.e., to each one his 
 debt according to liis degree, and 
 
 3. Renunciations by (a) husband's and (b) wife's next-of-kin respec- 
 tively, if any, otherwise they must be cited to shoiv cause why the grant 
 should not be made to such Cr (Sillick v. Booth, 6 Jur. 142). 
 
 5 — Farmer's (to a) brother for benefit of fanner's (1) u-idmr mul (2) 
 infant child — 
 
 1. Motion for grt. — Where it is desii-ed that the sd brother (a farmer 
 also) shall (1) administer the estate, in order to (2) carry on the 
 farm for their benefit, the Ct (having power to grant admon to the 
 nominee of the next-of-lcin under any special circumstances, ('57, 
 s. 73) ) should be moved for a grt to the brother, and the 
 
 2. Ct will consider whether the same justify the ai)pln. ( (1) Ashdoim 
 V. Wharton, 2 L. E. 360 ; (2) In the Goods of Burgess, 4 S. & T. 
 188). 
 
 5a — Alternative (Is/) course in sd case 5 — Letters of Admon to intestate 
 farmer's widow, by whom the brother could thus be emi)loyed to 
 (1) carry on the farm, and (2) administer the estate. 
 
 5b — Alternative (2nd) course therein — 
 
 1. Renunciation by widow of her right to Letters, thereby enal)ling 
 the 
 
 2. Brother to administer, on his compliance with the following require' 
 ments, viz. : — 
 
 1. Afft. (an) that he is ready to undertake the infant's guardian- 
 ship must l)e (1) made by him, and (2) filed.
 
 30 ADMINISTRATION. 
 
 2. Declaration (a) of the deced's estate must be filed. 
 
 3. Giuirdianshij) (sd) — a Rgr's order therefor must be obtained. 
 5c — Alternative (either) is preferred by the Ct. to a joint admon to the 
 
 (1) brother and (2) widow (Richards, L. Rep. 2 P. S B. 216). 
 g — Grandmothe r (before (1) uncle, and (2) 2 nephews, being the nearest 
 
 in degree, 2 degrees removed), is entitled to a grt of Letters of 
 
 Admon. 
 7 — Lunatic — adnior — Grant will be to lunatic's next-of-kin, for his or 
 
 her benefit or use. 
 
 1. Procedure to obtain grt. — A joint afft of (a) the medical man (1) 
 keeping, or (2) regularly visiting the asylum where the lunatic is 
 confined, and (&) his keeper or nurse. 
 
 2. Procedure u-here any person other than his committee take Letters 
 d-c.~ 
 
 1. Bond (admon). — Sureties thereto must justify (P. E. '62, 
 N. C). 
 
 2. Declaration (a) of pslty, &c. must be filed in the Registry. 
 
 S — Neit-of-Mn (in cases wherein Letters of Admon are granted to deced's), 
 although he left a will — 
 
 1. Events (2) whereon the sd grt follows. — 
 
 1. Non est inventus. — Where the exor. cannot be found, or on 
 
 2. Refitsal (exor's) to propound such will. 
 
 2. Preliminary sine qua non to grt. — Citation of (1) the exor and (2) 
 legatees to propound the will. 
 
 :9 — Relationless (in case of a) intestate. — Admon of an intestate's pslty. 
 when there are no next-of-kin, " aft ovo usque ad mala," i.e., (1) 
 literally, "from the egg to the apple" (the Roman feasts began 
 (a) with eggs and (b) ended with apples ; (2) technically, " from 
 the commencement to the end." — Vide also sub-jmr. 3 — 
 
 1. Letters (grant of) of Admon to the Treasury-Solr (for Crown). 
 
 2. Writ (a) is issued by a Cr agst (1) Try-Solr, (2) making Atty- 
 Genl a party thereto, (a) claiming, or (b) involving the taking of 
 an acct. 
 
 3. (1) Judgment (an interloctdory) or (2) Order, directing the usual 
 (a) proper accts. and (b) inquiries (which are worked out in 
 chambers) will forthwith be (1) made, (unless dft satisfies the Ct 
 that there is some preliminary question to be tried), and must be (2) 
 drawn up, (3) passed, and (4) entered in the usual way, where- 
 upon a
 
 ADMINISTRATION. 31 
 
 4. Summons to proceed is issued, and the 
 
 5. Office copy (a) juchjment or (6) Order is brought into Chambers. 
 
 6. Chief (the) Clerk's procedure — 
 
 1. Accounts (all necessary) are taken by him. 
 
 2. Inquiries (all necessary) are made by him, and the 
 
 3. Result thereof is embodied in a " Certificate," (a) signed by him, 
 and (6) filed in the Central Office. 
 
 7. Further conson. — Cause is heard thereon, and a 
 
 8. Judgment (final) (1) pronounced, (2) drawn up, (3) passed, and 
 (4) entered. 
 
 9. Taxation of costs. 
 
 10. Payment of (1) costs, (2) debts, and (3) legacies. 
 
 11. Surplus (if any), in default of next-of-kin, is handed over to the 
 Crown. 
 
 10 — Widoiver (to pslty of a) who dies intestate, leaving 2 infant children, 
 aged 6 and 8 respectively. 
 
 1. Guardian (if there is a) already apptd by the Ch. Div., the grt will 
 be made to him. 
 
 2. Guardian (if there is no) : — 
 
 1. Afft (an) that (a) that the proposed gdn is de facto the next-of- 
 kin of such children, or (h) that their next-of-kin de facto (1) is 
 consenting to an assnt of the former, and (2) has renounced his 
 or her right to guardianship. 
 
 2. Application must be made (supported by said affit) to (1) a 
 Judge of the P. D., or (2) a Rgr. for an " assignment " of a gdn. 
 
 3. Election of a gdn — Where there are both (1) infants and (2) 
 minors, the minors may, by writing, elect any one of their next-of- 
 kin (ivithout any order of Court apjiointing him), to be gdn., to act 
 in the matter for (a) both, or (b) all the children (Rules of '62, 
 rr. 34/6). 
 
 4. Documents to be filed in B.egistry, unless the case falls within the 
 exceptions specified in par. 34. 
 
 1. Declaration (a), on oath, of the pslty must be (1) exhibited and 
 (2) filed with the sd. 
 
 2. Election (written) by the minors. 
 
 (121a) Statutes (for) relating to Admons.— Vide App. A 3. 
 
 (122) (1) "Stranger" (cases wherein grant to a), or (2) some 
 other person, other than the person legally entitled thereto, rests with 
 the Court. — vide par. 2 (4 ami 6)
 
 32 ADMINISTRATION. 
 
 (123) Sub-division of an intestate's estate wf ere his child pre- 
 deceases mother, &c. — vide par. 100 (4). 
 
 (124) " Succession " to pslty. is g-overned by " Lex 
 
 domicilii." T7(7e '- Table " thereof in Appendix A. 4. 
 
 (125) "Sureties" (2) to be joined with intended admor in 
 an admon bond, 
 
 (126) Sureties (foreig-n), resident out of the jurisdiction of 
 the Ct, are refused (1-5/16 V., c. 76, s. 18). 
 
 (127) Sureties (justifying) to admon bond. — 10 usual cases 
 
 wherein same are, by rules of Ct., required — vide par. 7Q. 
 
 (128) Sureties (number of)— usual practice as to same. 
 
 Although 20 1 v., c. 77 , s. 81, requires one, or more, surety, or sureties, 
 
 to join in a bond, 2 are tisually required — 
 
 1 — One (3 cases tvherein) surety only is required. — Where (1) the estate 
 
 is sworn under 50?., or (2) husband, or (3) his representative is the 
 
 admor. 
 2 — Two are usually required., although 20/1 V., c. 77 , s. 81, reqmres one 
 
 or more surety, or sureties, to join in the bond. 
 3 — Two (when) sureties are required by rale of Ct. — in a limited or 
 
 special admon. 
 
 (129) Sureties (no).— 7 cases wherein sureties are dispensed 
 with, as absolutely unnecessary, for sufficient reason — 
 
 1 — Chancery Division^in an admon therein. 
 
 2 — JDuchy {Lancaster) Solr., on taking Letters of admon. for and on 
 
 behalf of the Crown, does not give a bond. 
 3 — Poverty {where the intended admor was in great), and consequently 
 
 unable to obtain sureties. 
 4 — Refusal (in case of the) of the intended Admor's (1) friends, or (2) 
 
 relatives to become sureties. 
 5 — Sickness (in an exceptional case of). 
 6 — Transfer (in case of a) of property to the Accountant-Geueral of the 
 
 former Ct of Chancery {Cleverly v. Gladdish, 2 Sw. & Tr. 337). 
 7 — Treasury — Solicitor. — vide " Duchy, rf-c," suh-par. 2. 
 
 (130) " Terminus a quo " several degrees are numbered. — 
 
 the intestate. 
 
 (131) Terms (12 technical), &c. connected with an intes- 
 tacy- meanings thereof. 
 
 1 — " A'liii 'in.<lnifnr." - He that has the personal estate and effects of a
 
 ADMINISTRATION. 33 
 
 person dyin^' (1) without a will, or (2) without thereby appointing 
 an exor., committed to Lis care, under and by virtue of Letters of 
 Adnion granted to him, for the purposes of (a) management, (b) 
 realisation, and (3) ultimate distribution amongst the parties legally 
 entitled thereto as next-of-kin under the sd Statute of Distribu- 
 tions ; e.g., (i) Husband, or (2) wife surviving, is (1), 1st entitled 
 to admon, and (2) then the nearest of kin. 
 
 2 — " Escheat propter def ectum sang amis " : — -the resulting back to the 
 lord of the fee (usually the Crown), of freehold lands ivhereof a 
 tenant (I) dies seised in fee simple, (2) intestate, and (3) ivithout 
 heirs. 
 
 To cofnplete Ms title, the lord' must enter on the lands escheated. 
 
 3 — " Escheat prop ter defectum tenentis." 
 
 1. Occurred when the latter's blood was attainted. 
 
 2. Abolition thereof — 33/4 V., c. 23, s. 1, enacts that " no (1) confession, 
 " (2) conviction, or (3) judgment for («) felony, or (6) treason shall 
 " cause any attainder, escheat, or forfeiture." 
 
 3. Extension of 33/4 F., c. 23, s. 1.— 47/8 V., c. 71, ss. 4 and 7 extends 
 escheat to (1) equitable estates in corporeal, and (2) to incorporeal 
 heredits. 
 
 4. Waiver by Crown of its rights : — s. 6 provides theri^for, on appln. 
 made, when an intestate dies heirless. 
 
 4 — "Hotchpot" — vide par. 6, p. 56, App. A 4. 
 
 5 — " Lex domicilii " — last owner's domicile at the time of his death. 
 6 — "Lex situs "—the law of the country where property is situate. 
 7 — Nemo est hceres viventis — (1) That the ancestor cannot have an heir 
 (he being appointed by law), during his life. 
 (2) Heirs (2 classes of) during the ancestor s lifetime, viz. : — 
 
 1. Apparent: — one who, if he survives such ancestor, must certainly 
 be his hr., e.g., the eldest son in his father's lifetime, or 
 
 2. Presumptive only : — the person, who, though not certain to be hr., 
 at all events, should he survive, would yet be hr., in case of hi« 
 ancestor's immediate decease, e.g., an only daughter is her father's 
 heiress-presumptive, but whose present hopes may be hereafter 
 cut off by the l^irth of a son. 
 
 8_" Per capita " :— when next-of-kin take pslty in<livi(lually in their 
 
 own right, and not by representation. 
 9_"Pe,. stirpes" -.when next-of-kin take pslty not in their own right, 
 
 D
 
 34 ADMINISTRATION. 
 
 but by representation only, thro' the intestate's (1) brother or (2) 
 sister, i.e., a division among Jiis descendants (He Natt ; Walker v, 
 Gammage, 37 Ch. Div. 517 ; 58 L. 722 ; hut see contra Will. Exors. 
 1508, 8th ed. 
 
 9a — Per stirjjes : — this rule is applicable to collateral successors (id., 
 Lockyer v. Vade, Barnard Ch. R. 444). 
 
 10 — " Possessio frafris facit sororem esseliteredem " (brother's seisin, (&c.) : — 
 
 1. Preference under this doctrine : — a sister of the person who (1) took 
 lands by descent from his father, and (2) entered thereon, was 
 preferred to a brother of the half blood. 
 
 2. Unimportant (why seisin is now) — because by 3/4 Will. 4, c. 106, 
 s. 2, the pchr is the root of descent. 
 
 11 — " Primogeniture " — the eldest son's right (to the younger sons' 
 
 exclusion), to inherit his ancestor's I'eal estate. 
 12 — " Seisina facit stijjitem" — 
 
 1. Definition thereof — seisin makes the root of descent. 
 
 2. Untrue (why the maxim is), according to the j^resent laiv. — Vide snh- 
 par. 10 (2). 
 
 (132) Three (when the Ct will grant Letters to more than) 
 persons. 
 
 1 — Special (under) circumstances. 
 
 2 — Joint (reasons ivhy a) grt is refused, if avoidable. 
 
 1. Because admors must (1) join and (2) be joined in every act, which 
 is inconvenient to (a) themselves, and (b) the claimants on 
 the estate. 
 
 2. Right (the) of admon accrues to the siirvivor, and 
 
 3. No further grt can be made until his death. 
 
 (133) Trustee (on the death of a sole) of a sum of £1000 
 
 trust ppty, but leaving no pslty to which he is beneficially entitled. 
 Letters (duty-free, on an afft that it is trust ppty), limited to the sd sum, 
 should be obtained (48 Geo. 3, c. 149, ss. 35/7." 
 
 (133a) Unlimited (the Ct has power, in special cases, in the 
 appointment of an admor, protecting the interests of all parties ('57, 
 6. 73) :~vide ju'r^. 24, 39, 97 N.B. a ; and 112. 
 
 (134) Unnecessary (cases wherein Letters of Admon are)— 
 
 Vide App. L., par. 45 and 45a. 
 
 (135) Widow (unless any of the objections specified in par. 40
 
 ADMINISTRATION. 35 
 
 prevail), usually administers her intestate husband's personalty (Stretch 
 V. Py7i)i, 1 Lee, 30). 
 
 (136) Will (admon with) annexed Alphabetical schedule 
 of the 9 cases wherein same is granted. —(1) Absence, (2) V)aiik. 
 
 ruptcy, (3) death, (4) non-appearance, (5) refusal, ((>) renunciation, or 
 (7) want of appointment of an exor, (8) where no exor is known, or (9) 
 the will is lost. 
 
 (137) Will (admon with the) annexed— Persons to whom 
 same is granted in the following 16 cases :— 
 
 1. Assignee of residuary legatee — Downward v. Dickenson, 3 S\v. Sc Tr 
 364. 
 
 2. Attorney — Re Ormoiid, 1 Hatj^. Ecc. R. 145 ; it is not so grantable 
 when the appointor is in England, unless the estate consists solely 
 of ppty held in trust (Butler s goods, 39 L. 26). 
 
 3. Attorney of a married woman — In Warren^s goods, 37 L. 12 ; 1 Law 
 Rep., P. & D. 538. 
 
 4. Creditor — undertaker — Newcombe v. Beloe, 36 L. J. 37. 
 
 6. Direct interests are f referred to such as are claimed in a representative 
 character — Re Middleton, 2 Hag. Ecc. R. 60. 
 
 6. Feme-covert — (executor of a) — Thorold^s goods, 36 L. 119. 
 
 7. Largest interest— B&iley' s goods, 2 Sw. & Tr. 135 ; 30 L. 190. 
 
 8. (1) Next-of-kin and (2) Widow — (a) Snape v. Wehh, 2 Lee, 411, and 
 (h) West V. Willhy, 3 Phil. 381. 
 
 9. Nominee of person entitled to appoint — Martindale's goods, 27 L. 29. 
 
 10. Opponent (an unsuccessful) of tvill — Sawhridge v. Hill, 40 L. 27. 
 
 11. Residuary legatee — (1) Atkinson v. Bernard, 2 Phil. 316 ; (2) 
 Hutchinson v. Lambert, 3 Add. 27 ; (3) Gill (re), 1 Hag. Ecc. R. 341, 
 and (4) Thivaite v. Galloway, 1 Lee, 414. 
 
 12. Residuary legatee establishing a will — Podmore v. Whetton, 3 Sw. <fc 
 Tr. 419. 
 
 13. Residuary legatee for life — Brown v. Nicholls, 2 Robert. 309. 
 
 14. Residuary (a beneficially iiife rested) legatee's personal representative 
 — (1) vide cases 1 and 2 in sub-par. 10 ; (2) Cresswell v. Cresswell, 
 2 Add. 342 ; (3) Taylor v. Dlplock, 2 Phil. 261, and (4) Vincenze v. 
 Frederici, 1 E. & A. 109. 
 
 15. Trustee (a) — In the goods of Stainton. 40 L. J., P. & M, 25. 
 
 16. (1) Widow, and (2) Next-of-kin — vide sub-jiar. 8. 
 
 D 2
 
 36 ADMINISTRATION. 
 
 (138) Will (4 cases wherein, although the deced Ims left a) admon 
 de bonis non cum testamento annexo is granted to his (1) next-of-hin, or 
 (2) iridoiv. 
 
 1. Exor {where there is no) who (1) can, or (2) will act. 
 
 2. Pecuniary (tvhere there is no) legatee, whose interest is paramount. 
 
 3. Residuary (where there is no) legatee. 
 
 4. Whereabouts (when the) of a residuary legatee is (1) unknown, 
 and (2) he cannot be found. 
 
 APPENDIX (ADDENDUM TO) A. 
 
 (12a, p. 5) Administration in bankruptcy of a deceased in- 
 solvent debtor's estate, ^'"rfer (a) the B. ^. 1883, s. 125, and (b) B. A. 
 1890, .'*. 21. 
 1 — Cr. (a) may (if no proceedings for such admon have been commenced), 
 
 present a petition therefor. 
 2 — Debt (his) must have been sufficient to support sd petition had the 
 
 debtor been alive. 
 3 — Notice necessary before the Ct's order therefor : — to the deced's legal 
 
 personal repres. 
 4 — Petitioner, &c. — vide sub-pars. 1, 2, and 3 respectively.
 
 APPENDIX A 1. 
 
 ORDINAEY (AN) ADMON. GEANT— PROCEDURE THEREIN. 
 
 (139) Procedure (Administration) in the followiiHj cai^es:— 
 A— Ordinary (an) grant of Letters : an application therefor- 
 
 1 — Instructions to the " Extrartimj iSoliciior " to obtain the said yra/it : 
 
 (1) Deceased's (1) names, (2) address, or (3) addresses, and (4) 
 description, or descriptions. 
 
 (2) Death {his) : — the (1) date and (2) place thereof. 
 
 (3) (1) Admor (proposed) and (2) 2 sureties (householder's) — their full 
 (1) names, (2) addresses, and (3) descriptions. 
 
 (4) Prior claimants — specify the manner in which parties having a 
 prior right are cleared off. 
 
 (5) Capacity (the) wherein the party applies for Letters, &c. 
 
 (6) Assets (a columnar schedule of) pre])ared as hereinafter specified : 
 — vide Schedules. 
 
 (7) Debts (a columnar schedule of), prepared, &c. — vide Schedules. 
 
 (8) Funeral expenses — the like. 
 
 (9) Illiterate (an) admor — N.B. If it is suspected that he cannot 
 write his name, inquire, as delicately as possible, if .such is the fact ; 
 if so, add the words specified in sub-par. of " Affidavits," Ac, App. D, 
 after the word " me " in the jurat. 
 
 2 — " Valuation " (a) for admon purposes ]>y a competent valuer. 
 3 — Affidavit or affirmation (authorised form B) for the Commissioners of 
 Inland Revenue : — 9 sets of particulars required therein. 
 
 (1) 3. Abode (the deceased's last fixed place of). 
 
 (2) 1. Death (the time of the deceased's). 
 
 (3) 8. (1) Debts and (2) funeral expenses — aggregate amount thereof. 
 
 (4) 2. Domicile (the) of the deceased. 
 
 (5) 7. Payable (a statement that the debts are (a) by law) out of the 
 I^ersonalty, and (b) are not voluntary debts. 
 
 (6) 5. (1) Personalty (a statement whether there is any other) or (2) 
 realty. 
 
 (7) 4. Value (gross) of personalty (excluding trust property) — verify 
 account of particulars thereof.
 
 38 ADMINISTRATION (oRDINARy) PROCEDURE. 
 
 (8) 9. Value (net) of psltj, after deduction of (1) debts and (2) 
 general exps. 
 
 (9) 6. Verification of (1) debts, and (2) funeral expenses. 
 
 N.B. The figures in the second column indicate the order in which the sd 
 particulars must appear in the sd afft. 
 4 — Bond (ad man) entered into by (a) the intended admor and (h) his 2 
 sureties ^Vjrmalities, &c.,for Commissioner's ^^attestation" thereof. 
 
 No security is required from an exor, but all aduiors must, unless 
 absolved by the Court, find security for a fair and just admon of the 
 estate, which is done by their entering into an " Admon Bond,'' to 
 complete ivhich the followiny requirements are necessary, viz.: — 
 
 (1) Parties (the) thereto — (1) A. B., the lawful widow and relict of 
 the deced, or such other person as may be entitled to a grant, and 
 (2) 2 responsible sureties (householders), are bound unto the Presi- 
 dent for the time being of the P. D. in the. 
 
 (2) Penal sum therein mentioned, viz., double the gross value of the 
 pslty. 
 
 5 — Bond stamp is 5s., if the estate exceeds 100?. in value. 
 
 6 — Bond (completion of) — requirements therefor (vide sub-jyar. 4). 
 
 7 — Bond (2 special conditions, inter alia, of the) — to (1) collect, and (2) 
 administer the estate (under the sd penalty) amongst the parties 
 legally entitled thereto under the St. of Distributions. 
 
 8 — Oath (admor' s) — 7 requisites therefor — (vide N. B., far. 3, ante). 
 
 (1) 7. Admon (due) of the personal estate by the admor thereof. 
 
 (2) 2. Death (a statement as to the) of the deceased intestate. 
 
 (3) 6. Personalty — the amount thereof. 
 
 (4) 5. Place (the) of the intestate's death. 
 
 (5) 1. Prior claimants — the " clearing off " of all parties having a 
 prior right to admon, if there are any so entitled 
 
 (6) 3. Relationship (degree of) the applicant bears to the intestate. 
 
 (7) 4. Time of the intestate's death. 
 
 9 — "Personal estate account" (1) referred to in, and (2) verified by the 
 said afft, referred to in sub-par. 1, to be prepared. 
 
 10 — " Reading over the said (1) affidavits, and (2) Bo7id to (a) the intended 
 admor and (b) his sureties, and if the former is a " marlisman " this 
 must be done in the presence of " a Commissioner to administer 
 oaths in the Supreme Court of Judicature in England," tvho must 
 (1) witness such marking by the admor, and (2) attest the due execu- 
 tion of the bond, which latter must be signed, sealed, and delivered in 
 such Cr'n presence.
 
 ADMINISTRATION (sPECIAL) PROCEDURE. 39 
 
 11 — (1) Lodgment of papers with, or (2) transmission tlicreof (hy rof^is- 
 
 tei'ed post) to the (a) District or (6) Princijial Kegistry (as the 
 
 case may be). 
 12 — Receipts (District or (2) Principal Eegr's) for (1) Court fees, (2) 
 
 duty, and (3) papers to be obtained, and grant bespoken. 
 13 — Grant of Letters of Admon will, in due course, be issued. 
 14 — Receipt (Extracting Solr's) for grant to l)e sent to the Registrar. 
 15 — Grant (fair co^iy) to keep to be made for reference. 
 16 — Registration, &c. {production of Letters for), &c., at (1) the Bank or 
 
 Banks whereat the intestate was a depositor, and (2) same must be 
 
 sent to the Secretary or Secretaries of any («) Railway Co, or (h) 
 
 other undertaking wherein he was a registered proprietor of stock, 
 
 to he recorded in their books. 
 17 — Memoranda of such (1) productions, and (2) registrations (and the 
 
 dates thereof), must be endorsed on sd Letters by the various 
 
 officials. 
 
 B. Administration of a large commercial estate, ^hmving the 
 
 course of procedure in (1) obtaining a grant of Letters, &c., to the pslty, of 
 an intestate Chemist and Druggist {formerly in an extensive way of busi- 
 ness), and (3) attempting to sell numerous lots of leaseholds of which he 
 was possessed at his decease. 
 
 (1) Debts — Solr's appln to Crs for detailed particidars of their claims, 
 to enable the intended admor to claim a statutory deduction thereof — 
 Where a wholesale tradesman dies suddenly, and intestate, and 
 there is an urgent necet^sity for an immediate appln for a grt of 
 Letters, each Cr or merchant with whom he had traded must be 
 applied to to forward forthwith plrs of any claim agst the estate, for 
 the purpose afsd — {Vide Letters). 
 
 (2) Debts {payment of) shortly after intestate's death by admor {out of 
 his own funds), subject to a discount of 10 p. c. therefrom. 
 
 Send a circular letter to {containing the admor's proposal for consideration 
 by) eachCr {vide Letters) , (1) detaibng the facts, and (2) asking for 
 an early decision respecting their (a) acquiescence in, or (b) dissent 
 from such proposal. 
 
 3 — Division {half-yearly) of rents of leaseholds hy admor until an advan- 
 tageous opportunity presents itself for a sale, &c. 
 
 (1) Pending a sale thereof \ yrly a/cs will be rendered, and the 
 
 (2) Balances div^ided, in due course afterwards, in the proportions to 
 which the next-of-kin are severally entitled under the " Statute of 
 Distributions."
 
 40 ADMINISTKATION (spECIAl) PROCEDURE. 
 
 4 — Lease of the intestate's business premises. — 
 
 (1) Agreement (signed by adtnor) to (1) sell to pchr the (a) fixtures 
 and (h) stock-in-trade, and (2) grant a lease for a term of (say) 14 
 yrs, s'lbject to lessee's power to determine same at the end of 7 yrs. 
 
 (2) Assignment of sd Lease. — If the lessee subsequently agrees to sell 
 his interest as such thereunder, the lessor consents thereto by (1) 
 being made a party to, and (2) executing such assnt. 
 
 3 — Covenants by the lessee in the said lease. 
 
 (1) Rent, rates, and taxes — to pay the same. 
 
 (2) Btisiness {restriction as to) — (1) to carry on upou the sd 
 premises the business of (a) a chemist and druggist, or (6) other bs 
 or trade of a similar character, and (2) not to carry on, or (3) 
 permit to be carried on thereon any other bs or trade whatsoever, 
 nor (4) occupy, use, or (5) permit the same to be occupied or used 
 in any other manner, or for any other purpose. 
 
 (3) Waste {not to commit) upon the sd premises, or any part thereof. 
 
 (4) Repair (to (1) keep and (2) deliver up premises in) at end of 
 terra. 
 
 (5) Paint {to) the inside of the sd premises every — ■ yrs. 
 
 (6) (1) View {to permit Lr to enter to) state of premises, and (2) 
 repair, after notice of defects. 
 
 (7) (1) Insurance {for) in joint 7iames of Lr and Le, (2) payment of 
 premiums, &c., and (3) production of the (a) policy and {b) premium 
 renewal rects, and 
 
 (8) Insurance (to (1) lay out the) money in re-building, and, (2) if 
 insufficient, to make up the deficiency. 
 
 (9) Assig7ime?it {agst :) — not to (1) assign or (2) underlet without the 
 Lr's consent, but the latter must not be unreasonably withheld. 
 
 (10) Re-entry {•power of) for (1) breach of covts; or (2) nonpay- 
 ment of rent. 
 
 (11) Determitiation (power of) of lease by lessee at the end of 7 yrs. 
 
 (12) Suspension (proviso for) of rent in case of destruction by fire. 
 4 — Cove^iants (2) by the Lessor in the said lease. 
 
 (1) Repair (to) the outside of the sd premises every — yrs. 
 
 (2) Quiet {for) enjoyment of the latter by the lessee. 
 
 5 — Sale (by private treaty) of an intestate's business through a " transfer 
 agent." 
 
 (1) Advertisement of contemplated sale — particulars thereof. 
 
 (2) Circular letter to applicants therefor- — vide form No. 32 iVi " Letters." 
 
 (3) Negotiations {jtreliminary) — (1) viewing {a) books and (6)
 
 ADMINISTRATION (sPECIAL) PROCEDURE. 41 
 
 premises, &c., and (2) discussion as to the " represented weekly 
 returns or taking.-," 
 (4) "Precautionary measures," adoptable by, or on behalf of an 
 intending pehr (before any contract for sale ts signed), as to the 
 correctness of the sd returns, &c. 
 
 1. Demand (a written) or " letter of request " (vide Letters) of (a) 
 an examination and (b) approval of such returns must be sent 
 to the 
 
 2. Intending pchr, whose written acknowledgment of rect of the sd 
 deviand must be obtained, in order to avoid any subsequent dispute 
 as to the sd request. 
 
 6 — Sale ("preliminary negotiations" for said) — conclusion thereof. 
 
 (1) Agreement for (1) a sale of stock, &c., and (2) lease of the sd 
 business premises. 
 
 After satisfying himself as to the sd returns, the following should 
 form the basis of the terms of the pchr's agrt with the sd agent. 
 
 1. Fixtures and stock at a fair valuation. 
 
 2. Deposit pd, dClO p. c. on the purchase money, subject to the 
 negotiations terminating satisfactorily. This is required by the 
 sd agent, to secure himself against loss, in the event of the parties 
 carrying otit the contract without his aid, 
 
 3. Rent £, per annum, clear of all deductions (except income 
 or jjroperty tax), payable half-yrly, on a 14 yrs lease, 1st yr at 
 £ , residue of term £ p. a., provided his solr approved the 
 draft proposed lease. 
 
 7 — Valuation (pchr's usual course before) of stock-in-trade and fixtures. 
 
 (1) To pay a sum approximate to the value into a joint stock bank, on 
 deposit, in the joint names of either (a) the Vr or (b) pchr, or 
 (c) some other 2 persons apptd to represent them, and then 
 
 (2) To take possession of the business from the date of commencement 
 of stock-taking. 
 
 (3) Allowing to the Vr the cost price of any unvalued goods sold. 
 8 — Vahiation of the said fixtures and stock-in-trade, &c. 
 
 9 — Valuation (copy) and inventory must be sent to the pchr for perusal. 
 10 — Valuation (original) must be (1) delivered up to the pchr on pay- 
 ment of the balance, and (2) his receipt thei'efor (on copy) obtained, 
 11 — " Valuer s cJiarges " — to what he is ordinarily entitled. 
 
 (1) (Agreed) Class rettirn railway fares from London to (place), for 
 (1) himself and (2) stock-taker , 
 
 (2) Inventory, ^61 Is. ; (3) stamp thereon, M\ (or as case may be).
 
 42 ADMINISTRATION (sPECIAl) PROCEDURE. 
 
 (4) Conimission on sale, &c. (according to jjercentage agreed upon). 
 
 (5) Valuation fee =£ (according to agrt entered into with Vr). 
 
 12 — Notice (a public) of the sd sale should be jointly inserted in the 
 local papers by (1) the vendor and (2) pchr {vide " Forms "), in 
 order to give as much publicity as possible to such sale. 
 
 N.B. — The advantage of this is obvious, inasmuch as it will, in 
 effect, dispense with the necessity of issuing circular letters to the 
 former customers of the intestate, with notice of the transfer and 
 purchase. 
 
 13 — Sale (attempted) by private treaty of leaseholds burdened with an 
 onerous building covenant. 
 
 If the intestate dies before the expiration of the term limited for 
 performance of such covt, and the Lessor's solr applies to the 
 admor to carry out same, strenuous efforts should be 'made to 
 dispose of the lessee's interest under such lease (with the lessor's 
 consent) by (1) private treaty, or (2) public auction, and, if same 
 prove abortive, such leasehold will have to be (a) kept in hand until 
 an advantageous opportunity for a sale presents itself, or (5) it 
 must be surrendered to the lessor upon the l)est terms eff'ectable, if 
 he is willing to accej^t a surrender thereof, with the consent and con- 
 currence of the next-of-kin therein (vide " Forms") 
 
 14 — Sale (attempted) of other leaseholds. — If the latter are offered for 
 sale by auction, but the offers thereat do not reach the " reserves ' 
 or upset prices fixed, and some are consequently withdrawn, the 
 rents thereof should be collected by an agent for and on behalf of 
 (if not collected personally by) the admor. 
 
 15 — Direction (deed of) executed by all the next-of-hin (ivho are sui juris) 
 to an Admor, empowering him, for the special reasons specified as 
 folloivs, viz. : 
 
 (1) Collector (to appoint a) of ike rents of the unsold leaseholds, pending 
 an ultimate sale thereof, 
 
 (2) Disadvantageous (it being considered very) to the next-of-kin that 
 the ppty should be (1) sold, and (2) the residuary estate divided 
 immediately. 
 
 (3) Division (an interim) oi the net rents and profi's (after -^^ yrly 
 a/cs thereof have been rendered by such collector), in the proportions 
 to wh'ch such next-of-kin are severally entitled under the Statute of 
 Distributions. 
 
 (4) Postponement (a) of sale of the sd leaseholds, or any part or parts 
 thereof (beyond the year from the intestate's death, during which
 
 ADMINISTRATION (SOLICITOR'S SPECIAL), ETC. 48 
 
 period the admor has a discretionary power as to the (1) realisation 
 and (2) windin<^-up of the estate), until, in his uncontrolled discre- 
 tion, a favoural^le opportunity should arise for a sale thereof, if it is 
 believed that another attempted sale, except after a lapse of a 
 reasonable period, would be very disadvantageous to the next-of-kin. 
 (5) Powers (intermediate) : — The adiuor to have, until such sale, &c., 
 all such powers as are incidental to an admon, 
 (C) Admon (a Solicitor's) on behalf of an Admix., hy whom he is 
 
 e )d f listed IV ith (1) the entire man aye me nt of the complicated affairs, and 
 (2) realisation of the estate of an intestate (a wholesale butcher). 
 1 — Application for grant — vide procedure thereon, ante. 
 2 — Book-debts {special circumstances connected vnth the intestate^ s). 
 
 (1) Intestate had an extensive business connection, and at the date of 
 his death, there were a large number of book-debts owing to his 
 estate. 
 
 (2) Wholesale (his) Customers had " Pass-books " delivered to them at 
 the commencement of their trading, wherein he entered detailed 
 particulars of the meat supplied to them. 
 
 (3) Instalments (payments by) — Many of the customers had (1) con- 
 tracted very large accounts, and (2) paid same by instalments. 
 
 (4) Books (all the) were in the intestate's handwriting, so far as they 
 were posted up at the time of his death, but (1) they, and (2) the "Pass- 
 books " tvere then in arrear to such an extent, that, when taken possession 
 of by the Solr, he found it necessary to 
 
 (5) Instruct an "Accountant " to (a) balance, and (b) post up the (1) 
 Cash-book, (2) Day-book, and (3) Ledgt r, and (c) make out all the 
 outstanding a/cs owing to the estate. 
 
 (6) Delivery up of sd "Pass-books" to the several customers, for 
 inspection, is necessary, to enable the Solr to realise (as far as prac- 
 ticable), the said accounts. 
 
 3 — Book-debts (columnar schedule of), for reference, where they are 
 numerous — particulars required therein. 
 (1) Nvimber, (2) Name of Debtor, (3) Address, (4) Occupation, (5) 
 Dates of commencement, and (6) Termination of trading, (7) Original 
 or duplicate pass-book or a'c delivered, sent, or served (a) when, (b) 
 how, and (c) by whom; (8) Claim (amt of), and (9) Any special 
 observations connected therewith. 
 — Book-debts ('particulars of sd) — suggestion as to (\) service thereof on, 
 and (2) letter therewith to the debtors.- — It is advisable to send all a/cs 
 above Jib to the drs, either (1) by registered post, if they live at a
 
 44 ADMINISTRATION (SOLICITOR'S SPECIAL), ETC. 
 
 distance, or (2) to send a clerk therewith, and (8) enclose therein a 
 letter referring to such a/c (vide "Letters"). 
 5 — " Compromises " with defendants against whom writs have been issued 
 for recovery of outstanding debts — Columnar Schedule thereof, for 
 reference. 
 
 (1) Date of the Writ of Summons. 
 
 (2) Deft's full (1) names, (2) addresses, and (3) descriptions. 
 
 (3) Amount of claim, as endorsed on the said writ. 
 
 (4) Observations as to (1) settlement of a/c, or (2) otherwise, e.y., A.B.'s 
 claim : 
 
 (1) Writ of Summons issued for £ — , less a contra a/c of £, — for 
 (state nature of claim). 
 
 (2) (1) Acceptance (Deft's Solr's) of service thereof , and (2) Under- 
 taking to appear thereto. 
 
 (3) Authority by admix to Solr. to accept £ — in settlement of debt 
 and costs. 
 
 B. (1) Writ of Summons issued for £ — . 
 
 (2) Settlement : — the a/c was compromised by acceptance of £ — in 
 settlt. of debt and costs, after a very careful investigation of the 
 deft's receipts with the papers in my possession. 
 6 — Creditors' claims: — Crs' "Statutory declaration" in proof thereof . 
 
 ( 1) Adoption (when the) of this course is advisable — in all cases where 
 an intestate does nut keep a reliable and strict record of his 
 liabilities, but, on the contrary, leaves (1) his books and papers in 
 a disordered state, and (2) his widow without any definite informa- 
 tion as to the (a) extent and (b) nature of his liabilities — 
 
 (2) Cr (what each), who has delivered written plrs of his claim, pursuant to 
 the usual statutory notice, &c., should be required to make — a statutory 
 declon in support thereof (vide " Forms.") 
 
 (3) Operation of sd precaution— it operates as a safeguard to the 
 admor, in the event of any subsequently discovered error in the 
 a/c, as he will have taken every precaution, to insure strict accuracy 
 in regard to the liabilities, that a man of ordinary prudence could, 
 under the circumstances, be expected to take. 
 
 6a — Leaseholds (intestate' s) — Suggested, procedure with reference thereto, 
 when he leaves (a) a widow and (b) infant children. 
 
 (1) Settlement (a) of her share would be valid, but a 
 
 (2) Settlement hy har of the children's share would be invalid; the 
 trustees thereunder could not sell such leaseholds. 
 
 (3) Settlement (when a) by an Admix of her children s share would be
 
 ADMINISTRATION (SOLICITOR'S SPECIAL), ETC. 4»') 
 
 maintainable — when she (I) sells sd leaseholds, and (2) hands over 
 their share of the procee^ls to the trustees, &c. 
 
 (4) SJiare (children s) may remain in her possession as A'hnix, in trust 
 for them, hut the Ct will not appt trustees for them. 
 
 (5) Chancery admon — if the estate, however, is administered l)y the Ct, 
 (1) the pslty will be sold, (2) debts paid, (8) residue put into 
 Consols, and (4) retained in Ct until the children attain 21. 
 
 (6) Chancery {when a) admon ought to be avoided— it it would result in 
 a loss to the estate. 
 
 (7) Chancery {when a) admon is desirable, even although it result in a loss 
 to the estate — in order to avoid the probability of a greater loss, as 
 where the admix is (1) improvident, and (2) cannot be trusted with 
 management, realisation, and idtimate distribution of the estate 
 amongst the beneficiaries. 
 
 6b — Leaseholds (assignment of an intestates) by his admix after her 
 re-marriage. 
 
 (1) Achnowledgment (reason why an) thereof by her is unnecessary — 
 because the whole estate or term is (1) vested in, and (2) passes by 
 her assnt. 
 
 (2) Husband's (reason why her 2nd) concurrence therein is unnecessary 
 — vide sub-par. 1. 
 
 7 — '^Estate Account" — preparation, &c., thereof (ivhen the affairs have been 
 finally settled), for (1) examination, (2) approval, and (3) signature 
 (a) by, or (b) on behalf of the Admix : 
 
 (1) Payments (all) made for, and on behalf, and at the request of such 
 Admix — detailed plrs thei*eaf. 
 
 (2) Receipts (all) on account of the estate — detailed plrs thereof. 
 
 8 — Report a (detailed) of the Solrs management, &c. — vide " Reports,'^ dc. 
 9 — Residuary (an analysis of the) a/c, as comptrolled by the Commrs. of 
 
 Inland Revenue. 
 IC — (1) Schedules and (2) Receipts for the following : 
 
 (1) Papers (all) connected with tlie estate, for inspection by her, if, 
 and when, requii-ed. 
 
 (2) Title-deeds (all) and documents relating to the intestate's lease- 
 holds. 
 
 11 — Notice (a formal), must be given by the Solr to the Admix with (1) 
 the Estate a/c and (2) Report, Sec., after the money-value (»f 
 the residuary pslty payable to her has been ascertained (ride 
 " Letters.") 
 
 12 — Release (a) of sd Solr by Admix on a final settlement.
 
 APPENDIX A 2. 
 
 ADMINISTRATION (CHANCERY). 
 
 (E) Administration (an ordinary) of a deced's estate (a) in, 
 and (b) under the judgment of the Chancery Division. 
 
 1 — Admission (a) on an admors and (b) exors) of (1) assets and (2) 
 debt in a Creditor's action for the sd admon. — Judgment will be for 
 payment of (a) debt and (b) costs to be taxed, &c. 
 
 2 — (a) Annuity {effect upon an) charged specifically by wl upn realty, 
 iruufficient (after absorption of pslty) to keep down j^dynents, &c. and 
 (b) effect upon general legacies thereby given. 
 
 1. Abatement (no) — the sd annuity, though not a specific legacy, is so 
 far of the nature of one, that it will not be obliged to abate with 
 the sd general legacies ((1) Be Briggs ; Briggs v. George, 45 L. 249 ; 
 (2) Creed v. C, 11 CI. & F. 491). 
 
 2. Priority — sd. annuity, falling under the denomination of a demon- 
 strative legacy, will have priority over the sd general legacies. 
 
 3. Sale (a) of so much of the estate as is required to answer the 
 deficiency may be ordered by the Ct. (unless the annuity is cliarged on 
 pslty) ; Brayne v. Beeds, 15 L. 349. 
 
 3 — (a) Bond or (b) Covenant under seal — class ivherein same are payable 
 (Ellison V. Ellison). 
 
 1. Actionable (tvhen) — though voluntary, it gives a right of action in 
 the obligor's lifetime, whereas a legacy is a mere voluntary gift 
 arising under a wl. 
 
 2. Case (leading) — Ellison v. Ellison, 1 L. C. Eq., 314, 5th edit. 
 
 3. Consideration (proof of) therefor is not required. 
 
 4. Cr's (a) a/c for admon. can be thereby sustained, 
 
 5. Payment — it will be pd out of the obligor's assets, (1) before 
 legatees, but (2) after simple contract Creditors. 
 
 4r— Calls (a claim for) tipon shares held by a deced. in a Company regis- 
 
 t^ired under C. A. '62, is a specialty debt (ss. 75, 105). 
 5 — Cases (4) wherein an exor's '" Chancery admon" is advisable. 
 
 1. Creditors (aivTcward and importunate) — in all cases where it is
 
 ADMINISTRATION (cHANCERY). 47 
 
 apprehended that certain Crs. will (a) harass the exors. by litigation, 
 or (b) obtain priority. 
 
 2. Doubfful (in all) cases. 
 
 3. Equitable (admon of) assets. 
 
 4. Marshalling (where assets requii'e), 
 
 6 — Commencement (jirocedtire from) of sd a/chy " Originating Summons" 
 (most expeditious course possible), under 0. 55, to distribution of 
 assets. 
 
 1. Summons (sd) is (1) issued, aud (2) sealed in Central Office, (3) 
 marked with judge's name, and (4) a dui)licate filed there. 
 
 2. Service thereof on the exor. 7 clear days before the hearing. 
 
 3. Appearance (exor's), if any, must be at the Central Office, and 
 
 4. Notice of such appce, must be given by him. 
 
 5. On retux'n of such sums, the parties attend at Judge's chambers, 
 whei'e an " admn. order'' may be made by him in person. 
 
 6. Admn. (sd) order must be (1) drawn up, (2) passed, and (3) 
 entered in the usual way. 
 
 7. (1) Accounts (the necessary) aud (2) inquiries are then proceeded 
 with, and in due course the 
 
 8. Chief Clerk makes his certificate, which is (1) signed and (2) 
 filed. 
 
 9. Further conson. — The a/c and matter come on therefor, and a 
 
 10. Final judgment is (1) made, (2) drawn up, (3) passed, and (4) 
 entered in the usual way. 
 
 11. Taxation of costs, and 
 
 12. Distribution of assets. 
 
 6a — Debts (a) ascertainable and (b) jmyable under a trust for payment 
 thereof created by (1) deed and (2) will respectively. 
 
 1. Deed (debts existing at the time of the execution of such), unless 
 f^iture debts also are inchuled. 
 
 2. Will — all debts due at death will be included, but if created In" a 
 will of pslty, Sts of Limon run agst Crs, unless this latter point 
 is altered by 36/7 V., c. 66, s. 25 (2), providing that the claim of a 
 cestui que trust agst his trustee for any property held on an express 
 trust shall not be ban-ed by lapse of time. 
 
 7 — (1) Decree (effect of a) or (2) judgment, (made for a geu' ral admen, 
 in an admon a/c, obtained before judgment in another a/c), on an 
 exor's power to deal with assets. (0. 55, r. 10^.) 
 1. Dealing (exor's) with a.^sets — is not prevented (subject to the control 
 mentioned in sub-par. 3) by an ordinary judgment.
 
 48 ADMINISTRATION (cHANCERY). 
 
 2. Priority (Cr's) — if a Cr. (1) sues an exor, and (2) obtains a decree 
 or judgment before an admon judgmt is actually made, he is 
 entitled to payment out of assets in priority to other Crs of equal 
 degree, althu' the estate is insolvent. 
 
 3. Staying pegs, in any other Dn. — (1) Crs. are all on an equality, and 
 (2) an order is obtainable (in the Dn. wherein such pegs, are taken) 
 staying, &q. (vide sub-par 25 (2). 
 
 7a — Default (wilful) — charging an exor. therewith ander an order on an 
 
 admon summons. 
 1. Chambers (it cannot be disposed of in) — same should be (a) put upon 
 
 the pleadings, and (b) disposed of in Ct. at hearing (Partington v. 
 
 Reynolds, 4 Drew. 253 ; Smith v. Armitage, 24 Ch. Dn. 727.) 
 8 — Denial (effect of (a) an admor's or (b) exors) of (1) debt, or (2) 
 
 amt, &c. — Judgmt will be for an acct to be taken of what is due to 
 
 pit, &c. 
 9 — " Expedition secured by Originating Sums." — vide sub-par. 6. 
 10 — Insiifficiency of Assets — admon by Ct. of a deced insolvent's assets 
 
 insufficient, for payment ot his debts in full. 
 
 1. Act (Jud.) '75 (38/9 V. c. 77, s. 10) enacts that the same rules 
 as exist in bankruptcy as to bkt. estates are to prevail as to the 
 following : — 
 
 1. Creditors (the rights of) (a) secured and (b) unsecured. 
 
 2. Debts and liabilities jirovable. 
 
 3. Valuation of (a) annuities and (b) future liabilities. 
 
 2. Pari (jmyment of debts) passu — bktcy rule as to same under, is not 
 imported by s. 10 into a Ch. Dn. admon. (Be (1) Hopkins, 18 Ch. 
 Dn. 370; and (2) Maggi, supra, sub-par. 17.) 
 
 11 — Maintenance (alloivance for the) of deced' s children, entitled to (a) 
 legacies or (b) residtie. 
 
 1. Alternatives (3) — 
 
 1. Assets (sufficient) — admission thereof. 
 
 2. Debts (all) — payment thereof, 
 
 3 Surplus (a clear), certified by the Chief Clerk, applicable for 
 maintenance, after payment of (a) costs and (b) all debts. 
 
 2. Order (ivhen an) for maintenance is obtainable in sd a/c — Estate 
 exceeding claims — not until the judge is satisfied that the estate will 
 be more than sufficient to answer all claims thereon (0. 50, r. 9). 
 
 12 — Next (no) of kin — as to admon of an intestate's pslty, vide par. 91, 
 
 pp. 23/4. 
 ^S- -Omitted (procedure as to) matter, not dealt with by the judgment.
 
 ADMINISTRATION (cHANCERY). 49 
 
 1. Summons (by whom a) should be issued — 
 
 1. Party (by the) dosirinj^ to liavo the adflitional matter iiii|iiin'd 
 into, or 
 
 2. Party (by the) having the conduct of the cause. 
 
 2. Snms {'persons upon whom) must be served — on all ps, inchiding those 
 who have obtained orders to attend the pegs. 
 
 3. Evidence required — The apjihi need not, in general, be supported Ijy 
 evidence ; a reasonable suggestion on the applt's part throws the 
 onus of rebutting it on the objector. 
 
 4. Addition to judgment — Only such matter as is (1) fairly in issue in 
 the cause, or (2) raised upon the pleadings (0. 33). 
 
 14 — " Originating Summons " — (a summary process) — its (a) advantages 
 and (b) objects. 
 
 1. Effect (its) — it calls ui)on (1) an admor or (2) exor (as the case 
 may be) to (a) attend before the judge in person, and (b) show 
 cause why an order for a general admon of the deced's pslty or realty 
 shovdd not be granted. 
 
 2. IsstioMe (j)s by tvhom it is) — (!) an admor, (2) creditor, (3) devisee, 
 (4) exor, (5) heir, (6) legatee, or (7) next-of-kin of a deced. 
 
 3. Matters (6) deternmiable by the Ct thereunder, withoid an admon of 
 the estate. 
 
 1. Glass (a) of persons — the ascertainment thereof. 
 
 2. Creditors' rights, &c. ,, „ „ 
 
 3. Executorship accounts — the furnishing thereof, and 
 
 4. Payment (the) of the moneys due thereunder into Court. 
 
 6. Questions arising in the admon of the estate — their determina- 
 tion. 
 
 6. Vouching of sd exorship a'cs — 0. 55, r. 3, Orders of Dec. '85 
 and '88. 
 
 4. Object (the) tJiereof — vide sub-par. 1. 
 
 5. Order (intention of the) regulating the Court's power — 0. 55, r. 3, 
 is only intended for the determination of such questions as 
 might formerly have arisen in a suit for the admon of the trusts 
 of (1) a settlement or (2) will (Be Davis, L. 312 ; 38 Ch. Dn. 
 210). 
 
 6. Returnable (where) — before a judge in chambers. 
 
 15 — Payment of debts — the order in ivfiich (under a judgment), assets of 
 various descriptions are administered therefor. 
 1. Case (leading)— Ancaster v. Mayer, L. C. Eq. 681, (1) 595, 2nd ed., 
 and (2) 681 in notis, 5th ed. 
 
 E
 
 60 ADMINISTRATION (cHANCERY). 
 
 2. Personalty (the general) is the primary fund therefor, hut it may, 
 nevertheless , he exonerated in the following ways, viz. : — 
 
 1. Express (by words), or 
 
 2. Intention (a plain) on the testator's part. 
 
 3. (h) Mortgage (where the charge, debt, or incumbrance is (a) in 
 its own nature, real, or is a) — 
 
 4. Real (where the charge, &c. is in its own nature). 
 
 6. Stranger — where the charge, &c. was contracted by some other 
 person from whom the person who died last (1) entitled or (2) 
 seized (a) took it by descent, or (b) purchased it, or (c) his 
 vendor derived it. 
 
 3. Any estates particularly devised simply for payment of debts. 
 
 4. Estates descended, (a) realty and (b) mortgaged realty (after 
 satisfaction of the mortgage thereon : (17/18 V., c. 113). 
 
 6. Estates (1) devised to particula»* devisees, but (2) charged with the 
 sd payment. 
 
 6. General legacies. 
 
 7. (1) Residuary devises, and (2) specific devises and legacies. 
 
 8. Property over which a testor has (1) a general power and (2) appts 
 by wl. 
 
 9. Widow's paraphernalia. 
 
 16 — Preference (exor's right of) of one Cr. over another, &c., where the 
 funds are insufficie7it\ to satisfy all Crs. Among Crs. of an equal 
 degree an exor. may pay (1) oneCr, or (2) class of Crs. in preference 
 to another, even if the estate is insolvent. 
 
 17 — Priority (exor's) to a judgment-Cr. — The mere issuing of a writ for 
 admon will not prevent the exor giving priority to a Crwho (a) sues 
 him, and (b) obtainsa judgment before judgment is actually obtained 
 in the former ( (1) Re Harris; H. v. H., 56 L. 507 ; 56 L. J. 754, 
 Ch. ; 35 W. R. 710 ; (2) Re Maggi ; Winehouse v. W., 20 Ch. Dn. 
 545 ; 46 L. 362 ; 30 W. R. 729). 
 
 18 — "Procedure,'' down to and iiiclnding a final fudgment in an admon 
 action of pslty (distributing fimds brought into Ct amongst 
 various classes of persons usually entitled), when the assets are 
 more than sufficient to pay the (1) debts and (2) legacies — Vide 
 sub-par. 6. 
 
 19— Proof of debt after the Chief Clerk's Certificate. 
 
 1. Circumstances under which a Cr can thereafter prove in a Cr's ale. — 
 Only on a judge's special leave, obtained on sums, upon such terms as 
 to (1) costs or (2) otherwise as the latter thinks fit (O. 55, rr. 44, 57).
 
 ADMINISTRATION (CHANCERY). 51 
 
 2. Given (ferins on which such xpecial leave is (jenerally) — Payment hy 
 applicant of all costs thereby incurred. 
 20 — Refusal (where Court's) of an admon (a) jmhjment or (b) ordn- in 
 justifiable — 
 
 1. If the questions between the parties can be pr()[)('rly deteniiinfj 
 withoiit it (O. 55, rr. 4, 10, 10a). 
 
 2. Will (a mrre legal iiuestion under a) cannot be determined by the 
 Ct on an Originating Sums (Re Carlyon, 56 L., 151 ; 56 L. J. 219, 
 Ch.). 
 
 21 — Relief (interim) — Pit iu an admon a'c is only entitled to such relief 
 agst (a) an adm >r or (b) exor, lohen it is shown that the estate is being 
 ivanted (vide Re Harris, sub-par. 17). 
 
 22 — Retainer (exor-Crs) of his own debt under the usual admon judgment 
 — vide '^^ Retainer" par. , sub-par, 2, and ''Debts,'' par. '2,^, sub- 
 par. 7. 
 
 23 — " Wasting" of estate entitles pit to interim relief — vide sub-par. ). 
 
 24 — Writ (advantage gained, as regards subsequent proceedings, by an 
 endorsement on the), &c., loith a claim that an account be taken. 
 
 1. Intermediate (all) pegs, formerly usual between the (1) issuing of 
 the writ, and (2) interlocutory judgment are thereby dispensed witli. 
 
 2. Order (an) will be made (in (1) default of, or (2) after appce., 
 unless deft satisfies the Ct that there is some preliminary question to 
 be tried), for (a) the acct, with (h) all necessary directions and in- 
 quiries (0. 15, r. 1,2). ■ 
 
 25 — Writs (the effect of 2) for the Court's admon of an estate. 
 
 1. Priority (who will be entitled to) — the Cr who obtains a judgment 
 first. 
 
 2. Staying pegs — the Ct will (unless the icrit in the other ale prays 
 for further relief than can be had in the first), stay pegs iu 1st 
 until further order, (a) giving liberty to apply, and (b) reserve 
 question of costs ( (1) Campbell v. Hoshins, 10 L. 93; (2) Ttambaco 
 V. Cassavetti, L. Rep. 11 Eq. 439 ; O. 55, r. 10a). 
 
 E 2
 
 APPENDIX A 3. 
 
 ADMINISTKATION STATUTES." 
 
 Statutes (an alphabetical Schedule of the principal practical 
 Admon) affecting- or relating to the following- subjects, viz :— 
 
 N.B. Non-incorporation (reason for the) in full, in the text, of the 
 majority of the foUovnng statutes : 
 
 The author has (for brevity's sake) deemed it unnecessary to specially 
 incorporate any of the foregoing Acts herein (except 2, viz., those 
 nunibored 7 & 10, the full substance of their most important sections 
 (required for all practical purposes), being incoq^orated in the text 
 under the various headings to which they respectively relate. This, it 
 is trusted, will be found quite sufficient, except when a special reference 
 to the exact w(jrds of any particular section of any of the sd Acts may 
 he found absolutely necessary. 
 
 1 — Actions (Chancery administration), &c. — 15/16 Vict. c. 86. 
 
 2 — Admon of estates, and (2) Grant of letters under an intestacy : — (1) 
 
 17/18 V. c. 113; (2) 19/20 V. c. 94; (BJ 20/1 V. c. 77; (4) 21/2 
 
 V. c. 95 ; (5) 23/4 V. c. 38 ; (6) 39/40 V. c. 18; and (7) 47/8 V. 
 
 c. 71. 
 
 3 — (a) Children (for the relief of an intestate's) avd (h) vndow : — (1) 
 
 36/7 V. c. 52, and (2) 38/9 V. c. 27. 
 4 — Comijosition by an admor for the " Poor-rate," payable in respect of 
 
 intestate's cottage property — 32/3 V, c. 41. 
 5 — " Crovm-grants," or admon grt to Treasury- Solicitor of estate, to which 
 the Crown is entitled : — (1) 22/3 V, c. 36, s. 1 (duty thereon) ; 
 (2) 23/4 V. c. 15 ; (3) 25/6 V. c. 22 ; (4) 27/8 V. c. 56 ; (5) 36/7 
 V. c. 52 ; (6) 38/9 V. c. 27 ; (7) 39/40 V. c. 18, and (8) 43 V. c. 14. 
 6 — Descent (title by), or the law of inheritance of an intestate' s freeholds : — 
 
 (1) 3/4 Will. 4, c. 106, and (2) 22 '3 V. c. 35, ss. 19/20 
 7 — Distribution (abstract of the 2 Statutes of) regulating the (a) distribu- 
 tion of, or (b) succession to pslty under an intestacy — (1) 22/3 Car. 2, 
 c. 10, and (2) 1 Jac. 2, c 17, s. 7.
 
 " ADMINISTRATION STATUTES." 58 
 
 1. (1) Brothers, (2) sisters (children of any deced (a) brother or (b) 
 sister taking their parent's share) and (3) mother share equally, 
 when father is dead. 
 
 2. Father takes all — if there are no descendants. 
 
 3. Fatherless (a) intestate — vide sub-i>ar. 1. 
 
 4. Grand-children, &c., take "per stirpes," if all the children are dead. 
 
 5. (1) Half and (2) whole blood — no distinction is drawn between them. 
 
 6. (1) Nephews and (2) nieces take '■'per capita," when (rt) brother?, 
 {b) sisters, and (c) mother are all dead. There is no further repre- 
 sentation after this, but the 
 
 7. Nearest or next-of-kin takes. 
 
 8. (1) Widow and (2) descendants living — (1) widow takes l/3rd, and 
 (2) the residue is equally divided amongst (a) the children in equal 
 shares. (6) the descendants of any deced child taking their 
 ancestor's share. 
 
 9. (1) Widow, and (2) no descendants living: — vide the "Intestate's 
 Estates Act, 1890," (sub-par. 10 herein) as to her enlarged rights 
 thereunder. 
 
 8 — Duties ((a) Legacy and (b) Succession) on ppttj passing under the 
 intestacies of persons dying on and after \st July, 1888 — (1) 36 Geo. 3, 
 c. 62; (2) 16/17 V. c. 51; (3) 44 V. c. 12; (4) 61 V. c. 8, and (5) 
 53/4 V. c. 29. 
 
 9 — Inheritance (the law of), &c. or title by descent — vide sub-par. 6. 
 
 10—" Intestates' Estates Act," 1890 (63/4 F. c. 29). 
 
 1. Inapplicable (said Act is) to Scotland. 
 
 2. Object (its) : — the better provision for his widow, in the distribution 
 of a childless intestate's property. 
 
 3. Operation (date of commencement of its). — After 1st Sept. 18'J0. 
 
 4. Valuation (mode of ascertainment of) of personalty for purposes of 
 Act (s. 6) ; — by deducting from the gross value thereof all the 
 intestate's (1) debts, (2) funeral, and (3) testamentary exps, and 
 (4) other lawful (a) charges and (b) liabilities to which the same is 
 subject. 
 
 5. Valuation (mode of ascertainment of) of realty (s. 5); . 
 
 1. Fee (in case of a) simple — upon the basis of 20 yra i)urcha8e of 
 the annual yearly value at the intestate's death, determined bylaw 
 for jiroperty tax purposes, les» the (a) gross arat of any (1) mtge, 
 or (2) other ppaL sum charged thereon, and the (b) value of 
 any (1) annuity, or (2) other periodical payment chargeable 
 thereon, to be valued according to the (a) rules and (b)
 
 54 "administration statutes." 
 
 tables in the schedule annexed to the " Succession Duty 
 Act," '53. 
 2. (a) Life {in case of an estate for), or (6) lives — according to the 
 said I'ules and tables. 
 
 6. "Value-determining" (objects of the) rules hereinafter specified : 
 
 1. (1) Chancery, or (2) the County Court — to avoid any possible 
 pretence for throwing these small estates either into (a.) Chy, or 
 (6) the Co. Ct. 
 
 2. Increased litigation — to avoid any possible ground therefor. 
 
 7. Widow's (a) several statutory rights thereunder. 
 
 1. 500?. (pslty and realty exceeding) {net value) : — Widow shall be (1) 
 absolutely and exclusively entitled to 500Z. thereof, for her 
 portion, before any distribution is made, and, (2) in addition 
 thereto, shall take her moiety of the residue, leaving the other moiety 
 only for the next-of-kin, and (3) have a charge upon the whole estate 
 therefor, with interest thereon from the intestate's death at 41. p. c. 
 p. a. until payment. 
 
 la. Charge {how sd) is apportionable as between his (1) real and (2) 
 psnl estates, and (3) repres : — in proportion to the respective 
 values of such estates. 
 
 1&. Provision {sd) to be (1) additional and (2) without prejudice to 
 her share of the residue in the sd estates remaining after pay- 
 ment of 5007., in the same way as if (a) such residue had been 
 the whole of the sd estates, and {b) said Act had not been passed. 
 
 2. 500Z. {estates, pslty and realty, not exceeding) net value : — to belong 
 to widow absolutely and exclusively, where there is no issue. 
 
 II--" Investment'' {Savings Bank) — {\) 26/7 V. c. 25 ; (2) 32/3 V. c. 59, 
 
 and (3) 40 V. c 13. 
 12 — "Poor rate " — as to anadmoi*'s composition therefor, vide sub-par. 4. 
 13 — Residue {a testator's undisposed of) : 11 Geo. 4 & 1 Will. 4, c. 40. 
 14!—Stamj)s on admons.— 22/3 V. c. 36. 
 
 15 — Title by descent, or the law of inheritance : — vide sub-par. 6. 
 16 — (1) Widoiv (for the relief of an intestate's) and (2) children: — vide 
 
 sub^par, 3,
 
 APPENDIX A 4. 
 
 SUCCESSION (TABLE OF) TO (1) PERSONALTY, AND 
 (2) REALTY. 
 
 (A.) Succession {alphahetiraU)j rhtssified Tnhle of) to (a) Person- 
 alty and (b) liealfi/, tihowinci the foUowiutj, riz. : 
 
 1. Administration (;3rJ) col. (A) shows what persous would be entitled to 
 Letters of Admon, entitling them to (1) receive and (2) distribute 
 the personalty. 
 
 2. Distribution (mode of) of ppty in cases where the owner dies entitled 
 in his own right, without having made (1) a settlement or (2) will 
 (vide cols. 4 and 5, P. and R.). 
 
 3. "Land" (descent of), i.e., Realty (except leaseholds). — Vide 
 col. 5 (R.). 
 
 4. "Mo7iey" (division of), i.e., personalty (including leaseholds). — 
 Vide col. 4 (P.). 
 
 5. Personalty (division of). — Vide col. 4 (P.). 
 
 6. Realty (descent of land or), except leaseholds. — Vide col. 6 (R.). 
 N.B. — 7. Relations (in each case it is assumed there are no riearer) 
 
 than those named. 
 
 Miscellaneous (schedide of) important poi7its connected with the 
 sd siirression. 
 
 I— Acts (4) regulating same :— (1) 3 4 Will. 4, c. 106 ; (2) 22/3 Car. 2, 
 
 c. 10 ; (3) 29 Car. 2, c. 30, and (4) 1 Jac. 2, c. 17. 
 2 — "Capita (per)." — Where the children of a deced dr or son share 
 
 equally (1) iu their own right, (2) without reference to the number 
 
 of eacii family (Walsh v. W. 1 Eq. Cases, Abr. 249, pt. 7, S. C. Prec. 
 
 Chan. 74). 
 2a — Children who have had advances from the father in his lifetime are 
 
 to bring them into account or " hotchpot." 
 3—" Customs " abolished by 19/20 V. c. 94.— Those of (1) London, (2) 
 
 York, and (3) other places, so far as they aft ci personalty of persons 
 
 dying after 31st Dec. 1856. 
 3a — Customs (2 existing).- (1) Borough English and (2) Gavelkind still 
 
 affect realty in certain localties, the latter principally in Kent.
 
 56 ADMINISTKATION (1) DISTKIBUTION AND (2) SUCCESSION. 
 
 3b — Descent (the rules of) on the death of an owner of (1) copyholds, 
 
 or (2) freeholds intestate — vide pp. 63 and 64. 
 4 — Don-er (wife's). — She is only entitled to one-third of the gross rental 
 
 of the real estate for life as her dower, hut in most cases her 
 4a — Doicer is barred, rather as a matter of form by lawyers than for any 
 
 other reason, and she then takes no interest in such realty. 
 5 — Exceptions : — the following table of succession to realty does not extend to 
 
 the undermentioned : — 
 
 1. Borough English custom or tenure. — Land held subject thereto. 
 
 2. Copyholds ; (3) Entailed property or " estates tail." 
 
 4. Gavelkind lands in (a) Kent and (b) other places. 
 
 5. 1st Jan. 1834 : — to the decease of any person dying before this date. 
 6 — " Hotchpot " (bringing shares into) — the (a) law and (b) procedure 
 
 relating thereto. 
 
 1. Befimtion thereof — a blending, or mixing of shares of pslty, 
 answering, in some respecis, to " collatio bonorum" of the civil law. 
 — Vide " Admon" par. 4, suh-pars. 1 ^o 3 incl. 
 
 2. Arise (it may), as to personalty, in two ways, viz. : — 
 
 1. Intestacy (in case of an) under the Statute of Distrihutions, 
 which provides that wheie some of the children have previoiisly 
 received an advancement, or a jjortion, in the intestate's life- 
 time, they must bring the amt into hotchpot among the other 
 children, as they are allowed only so much more out of his pslty 
 as will suffice to make heir share equal to that of the others 
 (Boyd V. B., L Rep. 4 Eq. Cas. 305), but this does not apply to 
 realty passing from an intestate to his heir-at-law (s. 5). 
 
 la. E.g. — A. dies intestate, possessed of 20,000Z. pslty, leaving (a) 
 a widow, (h) daughter (who had a marriage portion of 2000Z., 
 and (c) son (who had 30U0/. expended in the purchase of a 
 partnership), 
 lb. Division (admors) therein 
 
 1— Daughter takes 7166Z. 13.s. 4d. 
 2— Son takes 6166/. 13s. 4d. 
 
 3 — Widow simply takes her 3rd share, subject now, however, to 
 the beneficial provisions in her favo7ir of the "Intestates' Estates 
 Act, 1890," as to which vide " Statutes " Ajyp. A 3, sub-par. 10, 
 pp. 53/4. 
 
 2. Limitation (under an express), as in (a) a settlement, or (b) will, 
 wherein it is inserted, when a power of appointment is given to 
 parents in favour of (1) any one, or (2) more, of the children in
 
 ADMINISTRATION (1) DISTRIBUTION AND (2) SUCCESSION. 57 
 
 exclusion of the others, to prevent any child, to whom any appt 
 has been uukIl', takini^ a share of the part unappoiiitfJ without 
 brin^ani^ the share appointed into hotchpot. 
 7 — HiishatuL — This only applies to real estate in possession ; he would 
 
 take no benefit from his wife's reversionary interests in realty. 
 8 — Hnsbainrs right arises by canon law, and not under the St of Dis- 
 tributions. 
 8a — Hushand's exclusion from share, &c. — He would, therefore, be 
 excluded from taking any share of his wife's effects if j^iven by any 
 deed or will to " /ter next-of-kin" at her decease {Milne v. Gilbert, 
 L. J. vol. 23, N. S. Ch. 828). 
 9 — " Per capita." — Vide sub-par. 2. 
 
 10 — ^^ Per stirpes." — Vide "Administration," par. 100, sub-pars. 1 to 4 incl. 
 11 — Wife's " dower-ricjhts." — Vide sub-pars. 4 and 4a. 
 
 (B.) Abbreviations (Explanatory Key to the) in the fol- 
 lowing table : 
 
 1 A. (the letter) in 3rd (Adnion.) col. means " Admor." (person 
 
 entitled to admon). 
 2 — E. (letter) in 4th (Personalty) col. means ^^ equally among or between 
 
 them." 
 3 — E. (letters) or b. in the 3rd (Admon.) col. mean " either or both." 
 4 — E. (letters) p.c. in 4th (Personalty) col. mean " equally per capita." 
 5 — P. (letter) in 4th col. means " Personalty, money, &c., including lease- 
 holds ; the division thereof is shown therein, except where, for want 
 of space, it is stated in 2nd {relationship) col. 
 6 — B. (letter) in 5th (Realty) col. mea,ns " Realty {land), except lease- 
 holds ; its descent, on its owner's intt^stacy, is shown therein, except 
 where, for tvant of space, it is stated in 2nd {Relationship) col. 
 (C.) " Relationships " {the following alphabetically classified Table 
 of) shows the partirs entitled to Letters of Admon in all cases where the 
 same is not specified in the {a) relationship, and {b) Admon. cols, respec- 
 tively. 
 1 — Aunts, &c. — To either, or any No., not exceeding 3 of either or both ; 
 
 vide case No. 1 in the following Table. 
 2 — (1) Brothers and (2) sisters— rTo one, or more of them, not exceeding 
 
 3 ; vide ca. 5. 
 
 3 — Cousins — To either, or any No., not excg 3 of either or both ; vide ca. 7. 
 
 4 — Daughters — To either, or any of them, not exceeding 3, ride ca. 8. 
 
 5 — (1) Daughters, and {2) grandchild, or {3) grandchildren, or (4) grand-
 
 58 ADMINISTRATION (1) DISTRIBUTION AND (2) SUCCESSION. 
 
 daughters — To any dr, or any No. of them, not exceeding 3 ; vide case 
 
 Nos. 10, 11, and 12. 
 6 — (1) Daughters and (2) sons — Either dr, or son, or any No. of them, 
 
 &c. vide (a) par. 1 and (b) ca. 9. 
 7 — Grandchildren, &c. — To any grandchild, or any No. of them, not 
 
 excg. 3 ; vide 16, 17, and 18. 
 8 — Grandfather {great), &c. — To either, &c. ; vide (a) par. 1 and (b) 
 
 case 23. 
 9 — (1) Nephews and (2) nieces — ^To either, etc. ; vide (a) par. 1 and (6) 
 
 cases 84/5, 87/8. 
 10 — Sisters, &c. — To one, or more, of sisters, not excg 3 ; vide 40/8 incl. 
 11 — Son {eldest), &c. — To any dr, or son, or, &c. ; vide {a) par 1, and 
 
 {b) case 46. 
 12 — Uncles, &c. — To either, &c. ; vide (a) par. 1 and {b) cases 49 and 50. 
 
 A. P. R. 
 
 1. (1) Aunts on father's side, and (2) aunts or) 
 
 uncles on mother's side ) " —> 
 
 2. (1) Brother or sister of \ blood, and (2) distant^ 
 cousin on father's side ) 
 
 3. (1) Brother or sister of \ blood on mother's side,) -■ 
 and (2) distant cousin on father's j 
 
 4. (1) Brother or sister of whole-blood, (2) brother) 
 
 or sister of ^ blood on (a) father's and (6) mother's >- ' E. 1 
 sides resply ) 
 
 5. (1) Brothers and sisters, and (2) grandfather or) 
 grandmother ) 
 
 P. — Equally between No. 1 (^Evelyn v. Evelyn, 
 
 8 Atk. 762). 
 K. — All to the eldest brother. 
 
 6. Child (one), either a daughter or son C. All All 
 
 7. Cousins : — take (1) pslty iqually per capita, and] 
 
 (2) eldest son of deced father's eldest brother I 
 takes realty (or according to heirship as case may •' 
 be J 
 
 8. Daughters E. E. 
 
 y. Daughters and sons, (1) whether by (a) one or (6) \ 
 
 more wife or wives, and (2) whether or notj- 
 posthumous )
 
 ADMINISTBATION — (1) DISTRIBUTION AND (2) SUCCESSION. 59 
 
 A. P. R. 
 
 P. — Equally divided (Wallis v. Hodaon, 3 Atk. 
 
 117) 
 R. — All to eldest son. 
 
 10. (1) Daughters and (2) grandchild (daiighter or^ E 2 
 son of a deced son) | 
 
 11. (1) Daughters and (2) grandchildren (daughters| 
 and sons of a deced dr) j 
 
 P. — Equally, but No. 2 only take their parent's 
 
 share between them. 
 R, — Equally between (a) No. 1, and (fe) deced 
 
 dr's eldest son. 
 
 12. (1) Daughters and (2) granddaughters (children"* 
 of a deced son) j 
 
 P. — Equally, but No. 2 only takes their father's 
 share between them. 
 
 13. (1) Father, (2) mother, (3) brothers and (4)] -. , , 
 sister ) 
 
 14. (1) Father's father or mother and (2) mother's) -^- j] 1 
 father or mother ) or 6 
 
 P. — Equally {Moor v. Badhain, cited in Black- 
 borovgh v. Davis ^ P. Wms. 53). 
 
 15. (1) Grandchild and (2) great grandchild (elder| i t? 2 
 branch) ) 
 
 16. (1) Grandchildren {a) a dr's drs and sons, and (6) ") ^ 
 another dr's drs — (6) Bsalfy. — | to one dr's (a) f ^ B. 
 eldest son, and ^ eq uallv between h 
 
 17. Grandchildren (1) drs of a son, and (2) sous of a| ^- "• 1 E. 
 dr ) '• - 
 
 18. Grandchildren, (1) drs and (2) sons of a dr and 2) e. p. 
 sons respectively ) c. 
 
 R. — All to grandson, the eldest son's eldest son.) 
 
 • ' 1 1 2 
 
 19. (1) Grandfather on motlier's side, and (2) aunt or,' 
 
 (3) uncle on father's ■' 
 
 20. (1) Grandfather, (2) great grandfr, (3) avint, and) 
 
 (4) uncle on father's side, and (5) grandfr, (6)j 
 aunt and (7) uncle, on mother's side 
 
 Admon. — To either or both grandfathers. 
 Personalty. — Equally between the two grand- 
 fathers.
 
 60 ADMINISTRATION (1) DISTRIBUTION AND (2) SUCCESSION. 
 
 A. P. R. 
 
 21. (1) Grandmother, and (2) aunt or uncle (both on) 
 the same side) i 
 
 P. — No. 1 (Mentney v. Petty, Prec. Chan. 
 593). 
 
 22. (1) Grandmother on father's side, and (2) aunt or 1 
 uncle on mother's side J 
 
 23. (1) Great grandfather, (2) aunts and (3) uncles on )^ 
 father's side ' 
 
 P. — Equally per capita {Lloyd v. Tench, 2 Ves. 
 
 Sen. 215. 
 E. — Eldest uncle. 
 
 24. Husband (where there has been issue born alive' 
 
 capable of inheriting, the realty) inherits it for 
 life ; afterwards it goes to heir-at-latv 
 
 25. Husband (where there has 7iot, &c. (vide sub-par. 
 
 24) ; heir-at-law is entitled to realty 
 
 26. (1) Husband and (2) child (a daughter or son) ... 
 
 R. — All to husband for life, afterwards to child. 
 
 27. (1) Husband and (2) daughters 
 
 R. — All to hd for life, afterwards to daughters 
 equally. 
 
 28. (1) Husband, (2) daughters, and (3) sons 
 
 R. — All to husband, for. life,, after wards to. eldest 
 son. 
 
 29. (1) Husband and (2) grandchildren (drs of a 
 deced dr or son) 
 
 R. — All to husband for life, afterwards to grdchn 
 equally. 
 
 30. Mother only (takes all realty, in default of any heirs) 
 
 on father's side) J 
 
 (1) Mother, (2) brothers and (3) sisters — (a) share\ 
 
 pslty eqaully, and (b) eldest bror takes realty ) 
 
 (1) Mother and (2) sister^-(a) share pslty equally,) 
 and (b) sister takes realty i 
 
 33. (1) Nephew (det-ed sister's son) and (2) great-) 
 
 niece (deced eldest bror's granddr) i 
 
 P.— Nephew (Pett v. Pett, 1 Salk. 250). 
 R. — All to great niece. 
 
 1 
 
 Husband is en- 
 titled to (1) 
 ' Admon and (2) 
 Personalty in 
 all these cases. 
 
 31 
 
 32 
 
 M. All. M. 
 
 M. 
 
 M. 
 
 1 1
 
 ADMINISTRATION (1) DISTRIBUTION AND (2) SUCCESSION. 61 
 
 A. P. R. 
 
 } 
 
 V All would go to the Crown 
 
 r's) 
 
 E.p. 
 c. 
 
 E.p. 
 c. 
 
 1 
 
 E.p. 
 c. 
 
 E. p, 
 c 
 
 34. (1) Nephews and nieces, and (2) nephew and) 
 nieces by deced (a) bror and (6) sister resply > 
 
 R. — Eldest (the) nephew in No. 1 set takes it. 
 
 35. (1) Nephews and nieces, and (2) nieces by 2 deced) 
 sisters (A & B) resply ) 
 
 R. — (1) ^ to A's eldest son and (2) | equally 
 between B's drs. 
 
 36. (1) Niece («), brother or sister's dr, and (2) great- 
 nephew (eldest bror's grandson) 
 
 37. (1) Niece (a) and (2) nephews and nieces by 
 deced (a) brother and (b) sister resply 
 
 38. (1) Nieces and (2) nephews and nieces by a deced 
 (a) brother and (&) sister resply 
 
 39. Belations {no) — (1) Admon (persons entitled to) : — " 
 
 (1) Creditor (a) applicant, or the (b) Crown 
 
 2. Copyholds would go to the Lord of the Manor I 
 
 3. Personalty 
 
 4. Realty 
 
 40. (1) Sisters, and (2) nephews and nieces (a deced ^ 
 brother's children) i 
 
 P. — Equally, but No. 2 take per stirpes, i.e., their 
 
 deced father's share. 
 R. — All to nephew, deced brother's eldest son. 
 
 41. (1) Sisters and (2) nephews and nieces (a deced") 
 sister's children) ) 
 
 R.— Equally between (1) sisters and (2) deced 
 sister's eldest son. 
 
 42. (1) Sisters and (2) nieces (deced brother's^ 
 children j 
 
 Personalty. — Equally, but No. 2 take per stirpes. 
 Realty. — Goes to No. 2. 
 
 43. (1) Sisters and (2) nieces (a deced sister 
 children ) , 
 
 P. and R. — Equally, but nieces take per stirpes. 
 
 44. Son's (deced) (1) child and (2) widow (Bridge v. | i 
 Abbott, 3 Bro. C. C. 236) f 
 
 45. (1) Son (eldest), and (2) grandchild (younger) i e. 
 son's dr or son) )
 
 62 ADMINISTRATION (1) DISTRIBUTION AND (2) SUCCESSION. 
 
 A. P. R. 
 
 46. (1) Son (eldest), (2) drs. and sons, and (3) grand-) 
 children ) 
 
 P. — Equally divided, but. No. 3 only take deced 
 parent's share equally between them. 
 
 47. (1) Son (younger) and (2) grandchild (eldest son's) _ ^ 
 dr or son ) 
 
 48. (1) Uncle on mother's side, and (2) cousin (son of|^ i i '> 
 another uncle) on father's ) 
 
 49. (1) Uncles and (2) aunts on (a) father's and (6)| 
 mother's sides resjjly ) 
 
 R, — All to the eldest uncle on the father's side. 
 
 50. (1) Uncles and aunts on mother's side, and (2)"^ 
 nephews (deced sister's sons) and (3) nieces (a>- '^ ' 
 deced brother's daughters) ) 
 
 R. — Equally between No. 3. 
 
 51 — Wife's (a) Succession, &c., 
 
 a. Administration (Letters of ), &c. — she is entitled thereto in all the 
 
 following 11 cases. 
 h. Personalty (her rights in the) of a childless intestate are now controlled 
 by the " Intestates' Estates Act, 1890 " Vide (a) App. A 3., " Statutes," 
 par. 10 (pp. 53/4), and (h) the following sub-pars 1, 2, 3, 7 to 11 incl. 
 c. Realty (her rights in) : — one third thereof for life. 
 1 — Wife and no relations. 
 
 Copyholds — to the Lord of the manor. 
 P. vide par. b as to wife's share ; rest to the Crown. 
 R. (1) ^rd to wife for life ; (2) residue to Crown, if deced had the legal 
 estate. 
 2— (1) Wife, (2) Brothers, and (3) Sisters. 
 
 P. (1) I to wife (subject to par. b), and (2) residue equally to brothers 
 and sisters. 
 3 — (1) Wife, (2) brothers, (3) father, and (4) sisters, 
 
 P. Equally between wife and father, subject to par. b. 
 4 — (1) Wife and (2) daughter, 
 
 P. ^rd to wife, and (2) residue to daughter. 
 R. (1) ^rd to wife for life ; (2) residue to daughter. 
 5 — (1) Wife and (2) daughters. 
 
 P. (1) ^rd to wife, and (2) residue equally between daughters.
 
 ADMINISTRATION — (1) DISTKIBUTION AND (2) SUCCESSION. 63 
 
 () — (1) Wife, (2) daiuihters, and (3) snnn. 
 
 P, (1) ^rd to wife, and (2) residue equally amongst drs and sons. 
 R. frds to the eldest son. 
 7 — (1) Wife and (2) father — take the pslty equally, subject to par. b, 
 R. frds to father, if deced had acquired the fee by j)»irehase only. 
 8 — ^(1) Wife and (2) grandchildren (a deced non's sons). 
 
 P. No. 2 takes the residue (after wife's share under par. b) ecjually 
 
 between them. 
 R. frds to the eldest t^randchild. 
 9— (1) Wife, and (2) mother. 
 
 P. Equally (Keilway v. K., 2 P. Wms. 344), subject to par. b. 
 10 — (1) Wife, (2) mother, (3) brothers, and (4) sisters (^whether by \ or 
 whole blood), 
 P. Vide par. b as to wife's share ; residue equally amongst 2, 3, and 4. 
 R. f rds to the eldest brother by the whole blood. 
 11 — (1) Wife, (2) mother, (3) nephews and (4) nieces {deced brother's 
 children). 
 P. (1) Vide par. b. as to ivife's share ; (2) jth ; (3 and 4) residue (Stanley 
 V. S., 1 Atk.). 
 
 (C) Descent of an Estate in Fee Simple in Copyholds. 
 
 1 — Act (the Inheritance) — applies thereto, subject tu any particular 
 
 custom of descent (e.g., (1) Boro' English, or (2) Gavelkind) ])re- 
 
 vailing in the manor. 
 2 — ^'Customary Aeir "—the person who, under, or in case of freeholds, 
 
 subject to the sd custom, is heir, as distinguished from the hr 
 
 under " statutory heirship " under the sd. Act. 
 3 — Governed (how) — by the particular custom mentioned in sub par. 1. 
 
 (F) Descent fg-eneral "canons" or rules as to the) of an 
 intestate's freehold lands of inheritance (or " real estate ") as (a) 
 altered by 3 4 Will. 4, c. 106 ( " Inheritance Act," 1834), ^tnd (h) 
 amended by 22/3 V. c. 35, ss. 19/20. 
 1 — Ancestors (preference in the admission of female paternal) — (1) the 
 
 more remote male paternal ancestor's mother, and (2) her heirs is 
 
 preferred to a less remote, &c., mother, &c., and (3) the same on 
 
 the maternal side. 
 2 — Ancestors (among pchr's lineal) — the (1) paternal line, ami (2) IhtMr 
 
 descendants (whether of (a) the pchr, or (b) any ancestor, male or 
 
 female) is alwa» s preferred to the maternal, or their desc<lt.s. (s. 7.) 
 2a— Children (the pchr's) are preferred to their uwn issue, and among 
 
 such children, males, &c. (vide sub-par. 9.)
 
 64 ADMINISTRATION. 
 
 3 — Failure (on a total) of pchrs heirs — the lands shall (1) descend to the 
 hrs of, and (2) descent shall be traced from the person last entitled 
 thereto as if he had been thepchr thereof (22/3 V. c. 35, ss. 19/20.) 
 
 4 — Failure (on a) of pchr's issue — the inheritance descends to the nearest 
 lineal preferable ancestor then living, if no issue of a nearer deced 
 ancestor in that line exists. 
 
 5 — Females (when there are several), take together (s. 3). 
 
 6 — Issue (ancestor's)— where an ancestor, to whom, if living at pchr's 
 death, the inhance would, according to r. 5, have descended, dies 
 before him, leaving issue, latter in infinitum shall represent him, 
 according to the same law of succession as laid down in par. 7 with 
 respect to the pchr's issue, those related hy the tvhole blood to (1) the 
 pchr, and (2) their descdts being preferred to those related by the half- 
 • blood, where the common ancestor is a male (s. 9). 
 
 7 — Issue (pchrs) — inheritance shall, in the 1st place, lineally descend to 
 them in infinitiim (s. 2). 
 
 8 — Issue (the) of the pchr's pre-deced children — (1) represent or take 
 their parent's place in infinitum ; (2) the children of the same 
 parent being always subject (amongst each other), to the same law 
 of inheritance as contained in r. 3. 
 
 9- — (1) Males, and, (2) their descdts are preferred to females, and (3) an 
 elder male to a yoiuiger, but (4) females (where there are several) 
 take together. 
 
 10 — Paternal line — vide sub-par. 2. 
 
 11 — '^Purchaser" (last) — person last entitled thereto (instead of seised), 
 who took it otherwise than by descent (s. 2) ; e.g., a devisee of realty. 
 
 llo ^'Tracing descent" — In every case (on the death of an ovpner of 
 realty intestate), descent shall be traced from sd last pchr (vide 
 sub-par. 11).
 
 APPENDIX B. 
 
 BANKERS AND THEIR DECEASED CUSTOMERS' 
 REPRESENTATIVES. 
 
 (1) Advantages and (2) Objects of this Guide. 
 
 1 — Saving (o great) of time and unnecessary trouble (on the part of («) 
 Bankers, and (6) their officials), inasmuch as administrators and 
 executors would (1) therefrom readily observe the exact nature of 
 the necessary procedure, and (2) thereby save themselves, and 
 their Bankers, considerable trouble by the latter's avoidance of 
 
 2 — Superfluous Correspondence, &c., in (a) answering inquiries, and (6) 
 giving directions, either verbally, or in writing, as to a Banker's 
 requirements from, and at the hands of an Administrator or 
 Executor, after the death of (1) an intestate, or (2) testator- 
 customer. 
 
 3 — Fraudulent Trusteeship. — Reg. v. Hastings. 
 
 1. As (1) Bankers, (2) Bank Managers, and (3) other Officials are 
 often selected (jointly with others), as Executors for the due 
 management, realisation, and winding-up of large estates, (wherein 
 (a) their dangers and liabilities are manifold, and (ft) very heavy 
 responsibilities are attached to the proper and strict fulfilment of 
 the numerous duties of the office), it has been deemed advisable, 
 for their personal protection and immunity from liability, (by reason 
 of any {a) breach of trust, (h) default, or (c) dereliction of duty 
 by their co-trustee or co-trustees, as indicated in the three leading 
 cases fully set forth in Appendix P 1), that they should know 
 exactly, as well as their legal adviser, what is the existing law on 
 this important head, in order to render it absolutely impossible for 
 them to be harassed with litigation, and consequent loss. With 
 this object in view, the Author has deemed it prudent to incorporate 
 therein a concise 
 
 2. Resume of all the most important Press Comments on the notorious 
 Hastings' Case, including the various important " preventives," 
 (classified and contained in the Appendix F 1), suggested to the 
 Author thereby, in the hope that the 
 
 F
 
 €6 BANKERS CONTENTS. 
 
 3. Proposed Scheme for the Compulsory Deposit by Administrators, 
 Executors, or Trustees, of all the Estate Title-Deeds and Securities 
 with their Bankers (for safe custody), may (1) thereafter render the 
 perpetration of frauds hj the former (if dishonestly inclined), (a) 
 absolutely impossible, or, at all events, (b) very readily detectable, 
 and (2) thereby 
 
 4. Minimise (so far as losses by beneficiaries are concerned), the present 
 manifold dangers, liahilities and pitfalls of a. sole trusteeship. 
 
 Contents (Alphabetical Schedule of the) hereof. 
 
 A. — Forms (ull the /lecessary) rtgidred hcfweeit (1) En'ors and (2) 
 Bankers. 
 
 1 — "Authorities" (or proxies) to a deced Customer's or Depositor's 
 Bankers. 
 
 No. Par. c 2%e numbers and paragraphs are identical. 
 
 118 Transfer (to) testor's banking a/c into his exor.'s names. 
 
 2 2 Withdrawal (on) of a deced.'s deposit from a local 
 
 Savings bank — an aiithority when an admor or exor 
 is unable to personally withdraw same. 
 2 — Letters {Executors' Solicitor s) to the said Bankers. 
 
 1 ^^ Balancing'' (as to), or "writing-up" of deceased's 
 
 Pass-book. 
 
 2 " Carrying forward " of deced's balance to his exor's 
 
 credit. 
 
 3 Cheque (a new) book for tlie exors. — Order therefor. 
 
 4 Cheques (as to exors' arrangement, inter se, concerning 
 
 the signing of) by (1) all, or (2) certain selected 
 exors. 
 
 5 (1) Death (notice of testor-customer'sj and (2) request 
 
 to transfer his account into his exors' joint names. 
 
 6 Dep)osit (as to the amount of the deceased's) account, 
 
 before application for a grant of probate. 
 
 7 Neil} (a) banking account — as to opening same, where 
 
 the deceased has (1) closed his account, or (2) never 
 
 kept one. 
 3 — Notices {Executors' Solicitors) to the said Bankers. 
 115 Death (notice of testator-customer's). 
 2 3 2 Re-delivery of title deeds, &c., deposited by exors 
 
 with their bankers, for safe custody — notice to latter 
 
 to re-deliver same on demand.
 
 BANKERS CONTENTS, l)? 
 
 4 — Receipts (alphabetical Schedule of all the necessary). 
 
 No. Par. ^"^- 
 pars. 
 
 13 3 Re-deliver 11 (on the) referred to in par. 3 (2). Receii>t 
 eiidorsable on Schedule of title-deeds. 
 
 2 2 Withdrawal (on) of a deced's deposit from a local 
 
 savings bank. 
 
 5 — Schedule (a) of title-deeds, &C. deposited, &c. as mentioned in 
 "^Notices," par. 3, i^uh-jiar. 2. 
 
 B. — PrOCedurei connected with and ii/ridenial to the t^tdtject. 
 
 1 *•" Acceptances'''' (deceased's unmatured). 
 
 2 " Advancing duty" <fcc., pending (1) a grant and (2) 
 
 production of probate of a deced.'s will. 
 
 3 '■'^ Autographs'''' (exors') or usual signatures — as to 
 
 supplying same. 
 
 4 " Balancing " (or writing up) of an a/c to date of 
 
 decease. 
 
 5 ^^ Carrying forward'''' of deceased's balance to his exors' 
 
 credit. 
 € Cheque-book (a new) for exors — application there- 
 
 for. 
 
 7 6 Cheques ("crossed'''') — the law as to same iinder 45/6 
 
 Vict. c. 61 (1882). 
 
 8 1-2 Cheques (as to signing) — suggested procedure as to 
 
 same. 
 
 9 Death (customer's) — formal notice thereof. 
 
 10 1.8 Deposit (bank) a/c — (1) Observations on, and (2) Rubs 
 
 as to same. 
 
 11 Endorsement (payee's) of all checpies payable to his 
 
 order. 
 
 12 1-6 (1) Forgeries and (2) Frands in connection with cheques 
 
 — "Precautious" observable by exors for the pre- 
 vention thereof. 
 12rt ''Forms" (classified schedule of miscellaneous) re- 
 
 quired during such j>rocedure. 
 
 13 Opening (as to) a new 1 tanking a/c, &c. 
 
 14 Payment (as to the advisability of immediate) into the 
 
 bank of all (1) cash received, and (2) cheques for 
 collection. 
 
 F 2
 
 68 BANKERS (1) CONTENTS AND (2) LETTERS, ETC. 
 
 T.J T3 Sub- • 
 No. Par. 
 
 pars. 
 
 15 Payment (as to) of the amount payable under a life- 
 
 policy to ( I ) a London or (2) Provincial Banker. 
 
 15^ Policy (a life) — as to its " presentation " for payment, 
 
 15« 1-11 Post Office Savings Bank — detailed special procedure 
 
 (1) prior to and (2) on withdrawal of (without 
 letters of admon to) an intestate's deposit 
 therein. 
 
 X6 Probate (production of a grant of) to (to be duly 
 
 marked by) Bankers. 
 
 27 Securities (depositing all) at the Exors'' hanJcers {for safe 
 
 custody), and latter s " Commission " therefor — Special 
 suggestions as to same. 
 
 18 Securities (the title to) to hearer. — Epitome of a recent 
 
 judgment, by the House of Lo^ds thereon. 
 
 19 Title-deeds deposited with bankers for safe custody — as. 
 
 to schedule thereof. 
 
 20 Transfer of a banking a/c into Executors' joint names. 
 
 21 (1) Unpaid and (2) unindorsed (a) Cheques or (b) 
 
 Dividend Warrants, &c., found amongst testor's 
 papers at his death. — Procedure in relation thereto. 
 Withdrawal of a deposit from a local Savings bank. — 
 Procedure (1) ])rior to and (2) thereon. 
 
 (A) Forms (alphabetical Schedule of all the necessary). 
 
 1 — (1) Letters ( proposed forms of) and (2) notices {written) to Bankers in 
 the following matters : 
 
 1. "Balancing" — with the Estate Pass Book to be (a) written uj), and 
 (b) balanced. 
 
 2. " Carrying forward " of deceased's balance to his exors' credit — Please 
 carry forward to our credit, as exors under the will of the deceased, 
 the balance now standing in his name, to enable us to issue cheques 
 for payment of (1) all outstanding accounts, in due course, or (2) 
 otherwise. 
 
 3. Cheque (order for a new) book for the executors — No. Da'^e. To 
 the Banking Co. Limited. (Branch). Please to (1) supply 
 us with a new cheque-book, containing (number) stamped cheques 
 (on the Branch), payable to order, and (2) debit our account 
 with the value of the stamps — Signatures and addresses follow. 
 
 22
 
 BANKERS — (1) LETTERS AND (2) NOTICES, ETC. 69 
 
 4. Cheques (as to siyniny), according to arrangement atnongst the exore. — 
 As exors of the said deceased, we beg to give you notice that all 
 cheques issued herein upon your Bank must be signed by (1) each 
 of us, or (2) names only {as the case may be). 
 
 5. (1) Death {Solicitors' notice of testator's), and (2) request to transfer 
 his account into his executors' joint names : — As solicitor for, and on 
 behalf of Messrs A. B., of, &c., and C. D., of, &c., executors under the 
 will of the late Mr. E. F., formerly of, &c. (one of your Company's 
 depositors), I beg to (1) give you formal notice of his decease on the 
 {date) , and (2) request that you will, in due course, kindly transfer his 
 banking account into their names, in anew book, after balancing the 
 Pass-book left herewith — The Probate of the testator's will shall be 
 produced for (1) inspection and (2) registration immediately after a 
 grant thereof has been obtained. Kindly acknowledge the receipt 
 of this notice. 
 
 6. Deposit (as to amount of a deceased's) account, before application for 
 a grant of probate. — The executors will be sworn to their affidavits 
 in support of an application for a grant of probate of this testator's 
 will in the course of a few days, and I shall, therefore, be glad if 
 you will kindly inform me of the exact amount of cash and interest 
 thereon standing to his credit in your bank at the date of 
 his decease, to enable me to complete the necessary papers. 
 
 7. Neio (as to opening a) banking account, where the deceased has (1) 
 closed his, or (2) never kept one — As exors under the will of the 
 deceased we wish to (1) open an account at your bank, and (2) 
 shall be obliged by your kindly giving us an early appointment to 
 attend upon you for that purpose. 
 
 8. Transfer (authority to bavkfr.^ to) testator's banking account into his 
 exors' names — We, the undersigned, (1) C. D., of, Siv., and (2) E. F., 
 of, &c., executors under the will of the said deceased, hereby request, 
 authorise, and empower you to forthwith transfer his deposit account 
 with your Imnk into our joint names. This shall be your sufficient 
 authority and indemnity therefor. Exors' signal ures follow. 
 
 — Receipt (a) by proxy (or authority) irhfu an admor or ernr is inmblf to 
 personally U-iihdrnw the ininiunf <;/' (liri(i.<i<rs dijinyit fmni n local 
 savings hunk. 
 
 To the managers and trustees of the (name) Savings Bank. No. 
 
 of Book . 
 
 Gentlemen, — I hereby authorise you to pay the bearer hereof,
 
 70 BANKERS SCHEDULE OF TITLE-DEEDS, ETC. 
 
 A. B., of, &c., £ — and interest, the monev due and standing in my 
 name, in your books, as admor of the personal estate and effects {or 
 exor under the tvill, as the case may he) of the said deceased depositor. 
 This shall be your suflBcient authority and mdemnity for such pay- 
 ment. 
 
 (1) Dated and (2) signed hy (a) said admor sr exor, and (h) 
 attesting witness (a doctor or minister), their respective addresses and 
 occupations being added. 
 3 — Schedule of title-deeds, d'c. deposited by exors with their bankers, for 
 safe custody, and other documents subsequent thereto. 
 1. Ee A. B., late of, Sic, deceased. A schedule of the several 
 deeds and documents this day deposited with the (name) Banking- 
 Company, Limited (address) by Messrs. (add exors' several names, 
 addresses, and descriptions respectively), the exors acting under 
 . probate of the will (a?id codicil or codicils, if any) of the said 
 deceased, granted by the (name) District Eegistry of Her Majesty's 
 High Court of Justice (Probate, &c.. Division). 
 
 3 columns to he " headed " as follotvs, viz. : 
 
 (1) Number, (2) Date, and (3) Description of each deed or 
 document, specified in strict chronological order. 
 
 I hereby (1) achnowledge that the several scheduled deeds and 
 documents above-mentioned were this day received by me from 
 C. D., solicitor to the said exors, to be deposited in the said bank for 
 safe custody, and (2) promise and agree to restore and deliver the 
 same undefaced and uninjured (loss or damage by (or) fire or (6) 
 other inevitable accident only excepted) whenever required by them 
 jointly so to do. As witness my hand this (date). 
 
 (1) Signed by the (a) bank manager, or (h) or other duly 
 authorised official (on behalf of the bank), and (2) duly attested by 
 another official. 
 
 2. Notice to said bankers to re-deliver the said deeds on demand. 
 
 Be A. B., deceased. As exors of the said deceased, we hereby 
 require you to re-deliver to us on the (date) the several scheduled 
 title-deeds and documents deposited by (our solicitor or) us with you 
 (for safe custody) on the (date). 
 
 "We will attend at your bank at any time you may be pleased to 
 fix to (1) receive the sd deeds, &c., and (2) sign a receipt therefor 
 on the schedule retained by you. 
 
 3. Receipt (formal), endorsable on the said schedule, on such re-delivery 
 up of the said deeds to the exors hy their hankers.
 
 BANKERS — ^PROCEDURE. 71 
 
 We, the undersigned and within-named exors, hereby acknowledge 
 that we have this day received from tlie within-named bankers the 
 within-scheduled deeds and documents. An witness our hands this 
 (date). Executors' signatures follow. 
 
 (B).— Procedure. 
 N.B. — The following procedure, &(:., applies equally to an admor 
 of the personal estate and effects of an intestate, the various 
 notices, &c., being altered in accordance, and to suit the circum- 
 stances connected with an administration thereof. 
 
 1 — Acceptances {deceasecVs unmatured): — With reference to "Bills of 
 Exchange" (1) given by the deceased, and (2) outstanding, or not 
 arrived at matvu-ity at the date of his death, («) the exors, or (6) 
 one of them, should sign the necessary printed form relating thereto 
 (obtainable from the deceased's bankers), so that such bill can be 
 duly " honoured " by the latter (out of the amount standing to his 
 credit), at its due date. 
 
 2 — Advancing duty, &c., pending (1) a grant and (2) iirodnction of probate 
 of a deceased's irill, rfv. 
 
 As a testator's bankers will not, as a general rule, honour cheques 
 drawn on his account by the exors until the said probate has been 
 produced to them, a special arrangement should (in order to expedite 
 a grant), he made u-ith the said banker.^ for the said advance (unless 
 the exors will advance it personally), to enable them to pay the 
 amount of (1) the account-stamp duty, (2) court, and (3) other fees 
 payable on, and in respect of the grant. 
 
 3 — " Autographs " (as to supplying the exors) or " usual signatures." Same 
 must (1) be obtained from each of them, after grant, &c., and (2) 
 lodged with the bankers, for reference, if, and when required. 
 
 4 — " Balancing" or '' wnting-up" of the deceased's ]>anking account to 
 date of his decease is necessary (vide schedule. Letter No. 1). 
 
 5 — " Carrying forward " of deceased's balance to his exor's credit is 
 necessary, in due course, after grant of probate. 
 
 For this ])urpose send a written application to the bankers, to 
 enable the exors to pay all outstanding accounts in due course (vide 
 Letter 2). 
 
 S — Cheque-book (application for a neu') for the executors. 
 
 When same is required, an " Order " therefor (a printed form of 
 which will be found at the end of the deceased's cheque-book, if the 
 latter is not used up), should be (1) filled up, (2) signed, and (3) 
 forwarded to, or (4) lodged at the bank (vide form No. 1 (3).
 
 72 BANKEBS (1) CHEQUES AND (2) PROCEDURE. 
 
 7— Cheques (the law as to " crossed") under 45 & 46 Vict. c. 61 (1882). 
 
 1. Crossed (effect of banker's payment of a) cheque, except as directed by 
 the Act — they are liable. 
 
 2. " Crossing " (what amounts to and is deemed a) of a cheque. 
 
 When a cheque bears across its face the addition of (1) the words 
 (a) " and Co.,'' or (h) " and Company," or (c) any other abbreviation 
 thereof, between two parallel iransverse lines, or (2) of the latter 
 lines simply, and either (a) « ith, or (b) without the words " not 
 negotiable." 
 
 3. Crossing (the 2 effects of the said) — the cheque is (1) crossed gener- 
 ally, and (2) the banker shall not pay it otherwise than to a 
 banker. 
 
 4. Crossing (what additions shall (a) be deemed a) " specially " to a 
 banker. — Where a cheque Ijears across its face an addition of the 
 name of a banker, either (1) with, or (2) without the words ^^ not 
 negotiable " (s. 76). 
 
 4a. Crossing (effect of) a cheque " specially." — It must not be paid 
 except to (1) the "crossed banker," or (2) his agent for collection 
 (s. 79). 
 
 5. Crossing (effect of) a cheque specially to more than one banker, except 
 said agent, &c. 
 
 1. Negotiable (it is not), as the bankers on whom it is di-awn shall 
 
 refuse payment of it. 
 2-. Wrongful (effect of) 'payment, except as directed by s. 79 of the Act 
 
 — they will be liable for any loss its true owner may thereby 
 
 sustain. 
 
 6. Holders (authorities or rights of laivfuJ) of the following cheques: — 
 
 1. Crossed (if) generally — to cross them specially (s. 77). 
 
 2. Uncrossed (if) — to cross them (s. 77). 
 8 — Cheqttes (suggested procedure as to signing). 
 
 1. Arrangement (an) by the exors, amongst themselves, as to which of 
 them shall sign cheques. 
 
 2. Instructions (written) to their bankers should be given, as per Letter 
 No. 4 in Sch. A, on (1) opening a fresh account, or (2) trar sferring 
 the deceased's a/c into the exors' names. 
 
 9 — Death (formal notice of a customer' s) , &c., should, in due course, be 
 given to his bankers, by (1) his exors, or (2) their solicitor {vide 
 Letter 5). 
 
 10 — Deposit (bank) account; (1) observations on, and (2) rules as to .^ame. 
 1. Amount receivable on deposit at most banks : — d£10 and upwards.
 
 BANKERS^ — (1) CHEQUES AND (2) PROCEDURE. 7^ 
 
 ■2. Cheques cannot be drawn against a deposit account. 
 
 3. Disadvantayen (i7« 2) — (1) Vide No. 2 ; (2) depositors are not 
 entitled to any of the usual' banking facilities of a current a c. 
 
 4. Interest is allowed thereon, as may be agreed upon, having regard 
 to the state of the " money-market," as advised by the banks in 
 one, or more, of the principal newspapers. 
 
 5. Interest {when) ceases — if the amount should not be withdrawn, after 
 pi'oper notice has been given, unless the depositor Irishes to continue 
 the deposit, subject to further notice. 
 
 6. Receipt (an ' untransferahle'^ deposit) is (1) given fo--, and (2) is 
 surrenderable on re-payment of the amount deposited. 
 
 7. Receivable (from whom) — (1) customers, or (2) the public 
 generally. 
 
 8. Repayable (when) — either (1) at seven days', or (2) a year's, or (3) 
 longer notice of withdrawal (when received for a definite period, at 
 a fixed rate of interest, usually ^5 p. c. per annum). 
 
 11 — Endorsement (the) of all cheques, payable to order, by the payee or 
 
 payees, is absolutely necessary. 
 12 — (1) Forgeries and (2) frauds in connection with cheques. 
 
 " Precautions " observable by exors in order to prevent the same. 
 
 1. Crossed (the law ns to) cheques, vide par. 7, sub-pars. 1 to 6 incl. 
 
 2. "Crossing^'' a cheque. For his secixrity in (1) sending a cheque 
 through the post, or (2) otherwise paying it away, the exor should 
 cross it thus — " and Co." ; it can then only be paid through a bank. 
 
 3. Crossing it unth name of payee^s bankers (if known to exor) is 
 desirable, by writing same in crossing before words " and Co." 
 
 3a. Crossing (effect of) it with name of payee's bankers — it makes it 
 payable only to latter. 
 
 4. Drawing (in) a cheque — Begin by writing the amount in (1) words 
 and (2) figures, as near the left hand margin as jiossible, to prevent 
 the insertion of any larger amount. 
 
 4a. Figures (in order to avoid any alteration of the), d'c, in a che(p(« — 
 Assume a cheque to be for c£105,mark across it the following wor<ls, 
 viz., " under one hundred and si.i pounds,'' an<l adopt the same pre- 
 cautionary measure in all cases, whereby any '' tampering" with the 
 cheque is sure to be easily detectable. 
 
 5. Filling up the body of a cheque — (1) the exor, or (2) some person 
 authorised by him, with whose handwriting the bankers are well 
 acquainted. 
 
 6. Locking up. — All blank cheques should l)e kept securely locked up.
 
 74 BANKERS — PROCEDURE. 
 
 13 — " Opening" (letter as to) a neiv hanking a/c, where the deceased has 
 (1) closed his, or (2) 7iever kept one {vide Letter 7). 
 
 14 — Payment (immediate) into the batik of all (1) cash received, and (2) 
 cheques for collection, is, as far as practicable, desirable, in order to 
 avoid personal risk, in case of the latter net being duly 
 " honoured," through delay in presentation. 
 
 15 — Policy (1) {prese7itation of a life) through, and (2) payment of the 
 amount jmy able therevnder to a London Banker, either on (a) his 
 " exor-customer's " account, or (b) as agent for, and on behalf of a 
 Country Banker's exor-customer, is allowed. The adoption of this 
 course is the safest and most expeditious. 
 
 15a — Post-office Savings Bank (P. 0. 8. B.) — procedure to obtain pay- 
 ment therefrom of the amount standing to the credit of an intestate 
 depositor, to whose personal estate and effects it is not intended to 
 administer, by reason of its smallness. 
 
 1. Correspondence (requirements in any) on the subject of the depositor's 
 account. 
 
 1. Address — " The Controller, Savings Bank Department, General 
 Post Oflfiee London, E.C. 
 
 2. Registered (the) number of the controller's letters must be quoted. 
 
 3. Issuing P. 0. — state name of P. O. whereat " deposit-book " was. 
 issued. 
 
 4. (1) Number of book, or (2) the date about which the first deposit 
 was made, 
 
 2. " Correspondence-requirements" (result of the omission of any of the 
 said) — the account cannot be referred to. 
 
 3. Forms (all necessary) are (1) prepai-ed in, and (2) supplied by this, 
 department. 
 
 4. Intestate (the money of an) depositor, who has not appointed a 
 nominee, cannot be paid until the expiration of one month from the 
 date of death, tinless letters of administration to his personalty are 
 pjroduced. 
 
 5. Will (if a) is left, which (1) it is not intended to prove, and (2) no. 
 nominee has been appointed, 2 months from date of death must elapse 
 before repayments can be made. 
 
 <I. Questions answerable by deceased's nearest relative. 
 
 1. Deceased's (1) name in full, (2) age, and (3) date of death. 
 
 2. Did the deceased die unmarried ? 
 
 3/4. Did the deceased leave (1) a widow, or (2) widower (as the case 
 may be), or (3) any children ? ; if so, state how many.
 
 BANKKKS — I'ROCEDURK. 75- 
 
 5. Are the deceased's |>arouts living? if not, state when they died. 
 (>. Did the deceased leave any (1) brothers and (2) sisters? if so, 
 "state how many. 
 
 7. Did the deceased leave a will ; if so, is it intended to provi' it ? 
 
 8. If the deceased left no will, state whethei* letifers'of administra- 
 tion to the estate have been taken out. 
 
 V. If not, is it intended to olttain lett(>rs of ailniiuistralion ? 
 
 10. AppJicmif to fttaff (1) his r('lati()iishi|» (<» the deceased, and ('2) 
 whether he has attained 21. 
 
 11. Fiirtiish the (1) names, (2) aj^vs of deceased's nephews and 
 nieces, and (8) a statement of how they trace their relationship to 
 deceased. 
 
 7. Pixperi^ to he xcnt hij t/if chiniKtiit to the naid coiit roller. 
 
 1. Certijicatcs (registrar's stamped) of deceased's (1) death, and (2) 
 burial, and (3) the name and address (form S. B., No. 320) of (a) 
 a householder, or (b) some such responsible person able to make 
 the required 
 
 2. Declaration {xtatxtorij) of (a) death and {b) ideiditij, in the 
 presence of {a) a commissioner to administer oaths in the 
 Supreme Court of Judicature in England, or {b) a justice of 
 the peace, «&c., to the effect that (1) the deceased named in 
 the said certificate v\'as the deceased, and (2) A. B. is her lawfid 
 nephew. 
 
 N.B. Deposit -hook must be produced by declarant to (1) Commr, 
 «fec. or (2) J.P. 
 
 8. Notice (completion of claimant's) of withdrawal a.^/ol loirs (omitting 
 the merely formal parts thereof.) 
 
 To Her Majesty's Postmaster General, London. — I hereby (1) 
 give you notice that I wish to withdraw £ and int to close a/c 
 from a/c bearing the above No. in the books of the P. O. S. B., 
 
 and (2) to request that a warrant may be issued for the same, and 
 made payable to rtie at (name) P.O. — (a) Signature, (b) address, 
 and (e) occupation of , nephew of deceased. 
 
 i>. Statutory declaration of depositor's (a) death, and (b) identity — 
 P.O.S.B. I, A. B., of, &(•., do solemnly and sincerely declare as 
 follows : 
 1. That 0. D. mentioned in the "certificate of death" hereto 
 
 annexed and marked "A" was the same person as C. D. described 
 
 as being a depositor in the P.O.S.B. in tlu- deposit book marked 
 
 " (town), No. ," which I produce.
 
 76 BANKERS PROCEDURE. 
 
 2. That she died unmarried, and intestate, leaving no parent or 
 brother surviving her. 
 
 3. That letters of administration to her personal estate and effects 
 have not beea taken out, neither is it intended to obtain them. 
 
 4. Tlmt E. F., late of, etc., who also died intestate on (date) was the 
 natural, lawful, and only sister of the said depositor, and that 
 letters of admon to her estate have not been taken out. 
 
 5. That Gr. H., of, <tc., whose signature is affixed to the notice of 
 withdrawal also annexed, and marked " B." is one of the lawful 
 nephews, and one of the next-of-kin of the said depositor. 
 
 And I make this solemn declaration, conscientiously believing 
 the same to be true, and by virtue of the '' Statutory Declara- 
 tions Act, 1835." 
 
 Taken and received before me, one of ., Declarant's signature. 
 Her Majesty's justices of the peace for / 
 the County Boro' of aforesaid C 
 
 at aforesaid this (date) — L M. ^ 
 
 N.B. Any person who makes a false declaration is (1) gviilty 
 
 of a misdemeanour, and, (2) on conviction, may be punished by 
 
 (a) fine or {h) imprisonment, with or without hard labour. 
 
 10. Warrant {presentable for immediate payment), as the amount ceases 
 
 to bear interest on the last day of the month 2)receding date of 
 
 issue. 
 
 1. To the Post-master of (paying P.O.) Pay (name), 
 nephew of depositoi", ^ on (1) production of his deposit book, 
 and (2) satisfying you that he is the person entitled to the 
 amount, and (3) charge same to this deposit. 
 
 2, I hereby acknowledge receipt of the said sum — Nepheiu^s 
 signature. 
 
 lOo.. Warrant {^^precautions,'' &c., observab in (1) completing and (2) 
 presenting said) : — 
 
 1. Illiterate (in case of an) claimant: — If he cannot write, his mark 
 must be (1) affixed in the presence of, and (2) be attested by the 
 signature of a witness. 
 
 2. " Closed deposit-book " must be given up. 
 
 S. (1) Warrant said is presentable by said claimant, together with 
 (2) deposit-book, wherein the post-master will (a) enter amount 
 repaid, and (6) a,ttest entry vvith (1) his signature, and (2) dated 
 stamp of his office, and (c) take the unstamped receipt for 
 amount thereof of (a) Claimant, or {b) bearer of an order (a form
 
 BANKERS (1) CASE AND (2) PROCEDURE. 'jf 
 
 of which is obtainable at the P.O. whereat said warrant is made 
 payable), under his hand, signed in the presence of either (1) a 
 Minister, or (2) churchwarden of the parish wherein the claimant 
 resides, or (3) a justice of the peace, or (4) in case of sickness, the 
 medical attendant ; (5) if claimant resides abroad, his signature 
 must be verified by some resident constituted atithority. 
 11. Order (abstract of said) to Post-master (to be annexed to said 
 warrant) by a claimant who cannot attend personally to receive 
 •payment. 1 hereby authorise and direct (name) the bearer of this 
 order to receive on my account £, due to me under the said 
 warrant, for which his receipt shall be a good and sufficient discharge. 
 (1) Signatures (2) addresses and (3) occupations, offices, or qualifica- 
 tions of (a) depositor and (b) witness follow. Dated. 
 16 — " Probate " (production of a grant of), &c., to deceased's bankers : — 
 (1) Attend with the grant at, or (2) send it, by registered post, to 
 latter, to be (a) " exhibited," and (b) duly marked by their (1) 
 manager, or (2) other duly authorised official. 
 17 — Securities: — To insure their safety, they should be deposited at a. 
 banker's, for safe custody, with a direction not to part with them 
 without the authority of all the exors, &c. ( (1) Cottam v. Eastern 
 Rail. Co., 1 J. & H. 243; (2) Mendes v. Guedella, 2 id. 259; 
 (3) vide also the Author's proposed Scheme for the (a) prevention 
 and (b) ready detection of Frauds by Trustees, and (c) avoidance of 
 losses by beneficiaries, containing new and special suggestions as to (a) 
 the said deposit, and (b) Bankers " Commission " therefor, if not 
 deposited with the Estate Solicitor or Solicitors. 
 18 — Securities (the title to) to bearer, (a) imprudently entrusted (for 
 "safe custody'') to a broker, ivho (b) pledged them with the London 
 Joint-Stock Bank, to secure certain advances to him — Having regard 
 to the important judgment given on the 4th April, 1892, by the 
 House of Lords (consisting of (1) the then and present Lord 
 Chancellors, and (2) Lords Field, Macnaghten, and Watson), in an 
 appeal ivhich raises a point of interest to (a) Bankers, and (b) Brokers, 
 it has been deemed advisable to incorporate herein a concise resume 
 of the case, as it is also of general interest to (1) Adniors, and (2) 
 Exors, (ivho may be foolish enough to entrust bonds, or other securities,, 
 to the custody of a broker whose reputation is not beyond suspicion. 
 
 1. Pledged (in sd case the broker) the bonds as afsd. 
 
 2. Bightftd (when his default became known to the) owners, they 
 demanded them from the
 
 78 BANKERS (1) CASE AND (2) PROCEDURE. 
 
 3. BaiiTc. which, however, declined to Jiand them over, on the 3 following 
 grounds, viz. : 
 
 (1) Bond-fides — that they had taken them in perfect good faith, 
 
 (2) Inquiries (no) necessary — that they were not bound to make 
 inquiries before accepting the bonds, as they were payable to 
 bearer, and 
 
 (3) Valuable (a) consideration had been given for them — 
 
 4. Litigation ensued, and Court of Appeal decided against hank. 
 
 5. Judgment {purport of) of House of Lords — an affirmation of the 
 broad principle that " a negotiable instrument delivered to any person 
 gives a good title to the holder honestly acxpuiring it," and 
 
 6. Ap)peal by the bank was therefore sustained. 
 
 19 — Title-deeds (as to a Schedule of) deposited with Bankers, for safe 
 custody, by exors, vide form No. 3 (1) in Schedule. 
 
 20^— Transfer (as to a) of testator\s hanking-alc into his exors^ names — vide 
 (1) par. 5 and (2J Letter 8, Sell. A. 
 
 21 — (1) Unpaid (procedure as to) and (2) unindorsed^ (a) " Cheques" or 
 (b) '■^Dividend Warrants," &c., found at testator s death, amongst his 
 papers : — Instead of being presented to the bankers for payment, 
 they must be returned, for (1) alteration, (2) amendment, or 
 (3) cancellation (I'w ivhich latter case fresh "substituted cheques or 
 warrants" willbe issued therefor), to the (a) Managers, or (b) Secre- 
 taries, or (c) other officers of the various undertakings wherein the 
 testator was (1) an investor, or (2) a shareholder, otherwise 
 payment may be refused. 
 
 .22 — Withdrawal ( (a) procedure j^fior to, and (b) on the) of a deposit from 
 a local Savings Bank : — 
 
 1. Notice (14 days) of the depositor's admor's, or exor's intention to 
 withdraw, &c. 
 
 2. Statement (a printed) of the amount withdrawn (showing the total 
 (1) principal and (2) interest), is delivered by the Manager thereof 
 (on closing the a'c), to be (a) retained and (b) produced, if, and 
 when, such admor or exor wishes to re-open such a/c. 
 
 3. Receipt (a) by proxy, when the admor. or exor is unable to receive the 
 amount personally : — vide Sch. A., form 2.
 
 APPENDIX E. 
 
 (A.) Evidence, adduciUe and required in the following miscellaneous 
 cases. 
 1 — Assent {exors') to an assignmeiit of a testato/s specifically bequeathed 
 
 leaseholds. 
 
 1. Assignors : — if leaseholds are not required by executors for payment 
 of debts, legatee is the proper assignor, but 
 
 2. Exors assent must he shown, ivhich is best done by their concurrence in 
 the assignment. 
 
 3. Reason for requiring exors' assent to assnt : — Because (1) chattels 
 real go, in first instance, to exor, for payment of testor's debts, in 
 order to do which he has absolute power to (a) assign and (b) 
 dispose thereof, and (2) his i-eceipt is a sufficient discharge to a 
 purchaser, notwithstanding a specific bequest of leaseholds. 
 
 2 — (1) Bankers, and (2) the personal representatives of their deceased, 
 
 Customers or depositors : — vide App. B. for the necessary evidence 
 
 herein. 
 3 — Beneficiaries (evidence adducible by each of a number of) in support of 
 
 (1) his or her relationship to the testor, and (2) claim to a share under 
 
 his wl, as a niece or nephew. 
 
 1. Dates of (1) marriage of testor's (a) brothers, and (b) sisters, and 
 birth of their respective children, and as to such of latter of ivhom. 
 exors know nothing the usual 
 
 2. Certificates {necessary extracted), proving sd (1) marriages, and (2) 
 births, to be marked as exhibits to 
 
 3. Declaration (a statutory) of legatee's identity. 
 
 3a — Beneficiaries (as to) who are all well known to the exors : — no 
 formal evidence need be adduced in support (1) thereof, and (2) of 
 claim to a share under his will. 
 
 3fc — Beneficiaries (as to) of whose relationship to the testator the Exors 
 know nothing; vide sub-par. 3. 
 
 4 — Conversion of testor s ppty by exors within a yr from, his death. 
 
 Onus (when) probandi,&c., is thrown upon the exors: — although there 
 is no invariable rule that they must convert within 12 mos, the 
 burthen is so thrown, if loss be sustained, of satisfying the Ct tJmt they 
 had sufficient reasons for the delay.
 
 80 EVIDENCE IN MISCELLANEOUS CASES. 
 
 5 — " ^e exeat regno" {writ of) : — evidence required before its grant. 
 
 1. Afft (an), verifying material allegations in the case. 
 
 2. Pit must now show (as in cases under s. 6 of the " Debtor's Act^ 
 '69 ") " that the deffs absence vnll materially prejudice him, in the pro- 
 secution of his ale " (Drover v. Beyer, 41 L. 393 ; 13 Ch. Div, 242). 
 
 6 — Payment of trust motley into Court under 10/11 V. c. 96, by (1) an 
 exor, or (2) a trustee, who wishes to (a) avoid future responsibility 
 in respect of a fund, held intrust for (1) a person of unsound mind, 
 or (2) othei'wise (e.g. (a) a widow for life, and (h) afterwards for 
 her children), and (6) effectually relieve himself of the trust, and (c) 
 obtain protection. 
 
 1. Affidavit (an), shortly describing the instrument creating the trusty 
 to be (1) sworn to, and (2) filed — Annex thereto a 
 
 2. Schedule (in the same form as the "Lodgment Schedule" to a 
 Chancery order), specifying the (1) name and (2) address of the 
 executor or trustee, (3) amount, and (4) description of funds to be 
 lodged in Ct, (5) ledger credit in the matter of the particular trust 
 to which the same are to be placed, (6) whether legacy or succession 
 duty (a) has, or (h) has not been paid, and (7) whether (a) the 
 dividends, or (h) money to be lodged in Court, and (c) accumulations- 
 are, or are not, to be invested in any, and what, Grovernment 
 securities. 
 
 3. Office (an) copy of the sd Schedule must be left with the 
 
 4. Paymaster-general, who will issue the necessary directions for 
 effectuating the said lodgment. 
 
 5. Payment of trust money into Ct, in the matter of the particular 
 trust (describing it) in trust to attend the Ct's order. On comple- 
 tion of sd payment. 
 
 6. Notice (immediate) is given to (by serving) cestui que trust, with (1) a 
 copy of sd affit, or (2) a formal notice: (Funds Orders, '74, r. 5 ;: 
 Funds Rules, '86, r. 41; Re Stenning's Trusts, 50 L. 586). 
 
 7 — Policy (as to the necessary evidence in support of a claim binder a life 
 
 assurance: — vide App. I. 
 8 — Relationship (formal evidence of) of Beneficiaries to testator ; is 
 
 dispensable with, where they are well known to the exors : — vide 
 
 par. 3a. 
 9 — Sale (preliminary negotiations for a) of an intestate's (a) business, and 
 
 (b) stock-in-trade, &c., by private treaty: — Admor : — vendor's 
 
 "precautions" thereon — 
 1. Request (letter of) : — take the precaution, before any contract for
 
 EVIDENCK IN MISCELLANEOUS CASES. 81 
 
 sale is (a) submitted, for perusal, and (6) signed, to deliver the 
 following " Zt'/^e/- of request" to the intending purchaser, viz.: — 
 ' I hereby require you to (1) go through, and (2) fully examine, 
 either (a) personally, or (b) by an agent, or (c) a duly qualified 
 accountant, the account books of and relating to the business of 
 the said deced, in order to satisfy yourself as to the correctness, or 
 otherwise, of my written statement as to the general average weekly 
 net returns of £ — arising therefrom, and (3) afterwards (if approved 
 and found correct) , to sign a memdum of such examination, admitting 
 that you are 2'6»'/ecf?y satisfied therewith." Kindly acknowledge 
 receipt of this letter — Signed by the vendor. 
 2. Request (an achnowledgment of receipt of sd letter of) must be obtained, 
 in order to (1) avoid any subsequent dispute, as to the foregoing 
 request, and (2) facilitate proof, in the event of litigation respecting 
 the said representations, &c. 
 10 — Satisfaction of a debt (by a pecuniary legacy) to a Creditor of testor's. 
 
 1. Cases (2 leading) : — (1) Chancey^s case, 2 L. C. Eq. 346, 3rd ed., and 
 (2) Talbot V. Shrewsbury (Earl of), ib. 
 
 2. Extinguishment {when sd legacy is considered, in equity, to be an) of 
 debt : — 
 
 1. Cou7itervailing (an absence of) circimistances : — on the p incij^le 
 that " a testor shall be just before he is generous." 
 i 2. Equal (when it is) in amount of debt, which must have been due 
 at the date of the will, and 
 
 3. Equally beneficial in other respects. 
 
 3. Inapplicability of said rule in 3 following cases : — 
 
 1. Direction (where there is an express) or provision in the wl for 
 payment of debts (which is evidence of an intention on testor' s part 
 to exclude sd doctrine). 
 
 2. Negotiable (generally where the debt is a) security, or 
 
 3. Residue (gift is of a). 
 
 11 — Trust (payment of) money into Ct under 10/11 F. c. 96. — vide par. 6. 
 12 — Wills (evidence adducible in connection with, and support of) &c. — 
 
 vide B., pars. 1 to 48 incl. 
 
 (B.) Evidence or "proof" adducible and required in the said 
 Division, in support of, and under the following (a) cases and (b) circum- 
 stances respectively : — 
 1 — Attestation by (1) a Creditor of his debtor's ivill, and (2) by an exor. 
 
 No person, on account of his appt as exor of a wl, is thereby 
 
 rendered incompetent to be admitted as an attg ws to prove its (1)
 
 82 EVIDENCE IN " WILL-CASES, ETC." 
 
 exon, (2) invalidity, or (3) validity (Wills Act, s. 17 ; Griffiths v. 
 Griffiths, 2 P. & D.303). 
 
 2 — Attestation {nature of statutory) requisite to valid exon of a ivill : — 
 1. The Will must be (1) in wrtg, (2) signed at foot or end thereof, 
 (to prevent a space being left hettveen same and testor's signature, so as 
 to admit of additions being made after exon ; Carneby v. Gibbons, 
 1 Eob. 705 ; 6 K C. &19), by (a) testor, or (b) some person (1) by 
 bis direction, and (2) in bis presence, (3) which signature must be 
 (a) acknowledged, or (&) made by testor in the presence of two or 
 more witnesses, (4) present at same time, who must, at his request, 
 (5) attest and subscribe the wl in his presence. 
 
 3 — Attestation {general form of) clause to (1) a will, and (2) codicil 
 respectively : — no form is absolutely necessary (W. A. s. 9), but it is, 
 however, convenient, explicit, and usual. 
 
 4 — Attestation (effect of the absence of the said) clause : — it necessitates 
 clear and satisfactory extrinsic evidence of (1) due exon, and (2) 
 attn of wl (Roberts v. PhilUps, 4 E. <fc B. 453). 
 
 5 — Attestation (significance of the sd) clause : — the witnesses thereby 
 signify that (1) they do actually ivitness testor's part of the tran- 
 saction, and (2) each signs the will in his presence as evidence 
 thereof. 
 
 5a — Beneficiaries under wills : — as to " undue influence " by them, vide 
 pars. 4214!. 
 
 6 — Blind (solemnities, (in addition to the usual statutory formalities)^ 
 observable on the exon. of a) testor's tvill. 
 
 1. Beading over of wl to testor is desirable, unless this fact is stated in 
 the attn clause (though not legally obligator])). 
 
 2. Statutory (ustial) fortnalities, and in addition thereto 
 
 3. Witnesses (position of attg) : — must be such that testor could see 
 them, if he had not been blind : (P. R. 62, r. 71, N. C.) 
 
 7 — Blind testor : — special evidence required in such a case before grant, 
 
 vide par. 6. 
 8 — Cancellation (requisites of an effectual) of a will. 
 
 1. " Animo revocandi " (it is an equivocal act, not signifying revoca- 
 tion, made) : — Thynne v. Stanhope, 1 Add. 53. 
 
 2. Formalities (statutory) required on the exon of a will must be 
 employed : (Rose, 4 K C. 101). 
 
 9 — Capacity (testamentary) ; (b) mental weakness, and (c) undue influence. 
 1. Delusions (insane) : — evidence required to set aside a will on the 
 ground thereof.
 
 EVIDENCE IN " WILL-CASES, ETC." 83 
 
 1. Affected (that tester's general mental faculties have thereby 
 become), and he has been 
 
 2. Inflaenced thereby in the disposition of his property. 
 
 2. Disposing (want of a sufficient) mind : — evidence, &c. 
 
 1. (1) Dominion (that such a), or (2) influence has been obtained 
 over tester, (notwifhstanding he may have a mind of sufficient (a) 
 discretion and (b) soundness to manage affairs in general), as to 
 prevent his exercising same in regard to his testamentary disposi- 
 tions, or 
 
 2. Unnatural (sometimes, even if testor entertain an) antipathy to those 
 who are near to him in blood, he cannot be considered as havinsr 
 such a disposing mind as will give effect to his wl (Mountain v. 
 Bennett, 1 Cox, 355). 
 
 3. Knowledge {ivhen a presumption of testor' s) of contents, &c., arises : — 
 
 Mental (where his) capacity is duly proved (Browning v. Budd, 
 6 Moo., 435). 
 
 4. " Lucid (a) interval " : — 2 requisites to constitute same. 
 
 1. Absence of (1) disease itself, and (2) delusion : — (Creagh v. 
 Blood, 2 J. & Lat. 509; Waring v. Waring, 6 Moo. 341.) 
 
 5. " Mental weakness " arising from the near approach of death -. — 
 stronger evidence is required therein. 
 
 1. Knowledge (testor s) of contents of will (Mifcliell v. Thomas, 
 6 Moo., 137). 
 
 2. Spontaneous (that the will was his) act : — (Tribe v. Tribe, 1 Rob. 
 755 ; 13 Jur. 793.) 
 
 6. Setting aside a toill : — 2 sufficient groimds therefor. 
 
 1. Fraud, and (2) imposition upon mental weakness (5 Moo., 40 ; 
 16 Jur. 909.) 
 
 7. " TJndue influence " by beneficiaries under wills : — vide pars. 42/4. 
 
 8. " Unsound mind," in a legal sense : — evidence in support of test of a 
 person being so. 
 
 1. Belief (a) m/acis which would not be credited by an ordinary 
 person, or 
 
 2. Delusion (existence of a). 
 
 10 — Charity (" secret trust " for a) : — evidence required to set aside a ivill on 
 the groiind thereof. 
 
 1. Disclosure by devisee of any promise made by him to testor to (1) 
 devote land devised to a charity, and (2) perform trust is compel- 
 lable by heir. 
 
 2. Proof of a " denied promise " : — promise is provable by evidence 
 
 o 2
 
 84 EVIDENCE IN " WILL-CASES, ETC." 
 
 aliunde, e.g., a witness who heard it given : ((1) Edwards v. Pike, 
 1 Cox, 17 ; 1 Eden, 267 ; (2) Be Spencer's Will, 57 L. 61i^.) 
 3. Proof (result of) of sd promise : — devise will be declared void : {O'Brien 
 V. Tyssen, 28 Ch. Dn. 372 ; 51 L. 814.) 
 11 — Children (evidence required in case of gifts to the illegitimate) of (a) a 
 man or woman, or (h) of one by the other. 
 
 1. Beputation of being such children : — that the objects in question had, 
 at date of wl, acquired sime. 
 
 2. Beputation of sd fact e^ititles them, as the law does not inquire into 
 fact: (2 Jarm. Wills, 4th ed. 217.) 
 
 12 — Codicil {pbte of a) to a lost will : — is erantable, if the ct is satisfied 
 by the disposition of the cdl that the testor intend-^d that it should 
 operat-' independently of the will: (Be Greig, 35 L. 113.) 
 
 13 — (1) Contents, or (2) draft of a missing will : — as a general rule, pbte 
 thereof will not be granted on a motion, but vide sub-par. 29. 
 
 13a — (1) Copy, or (2) draft of (a) a will or (b) its contents : 
 
 1. Evidence in support : — it is provable by parol evidence. 
 
 2. Pbte. (when) thereof is grantable : — not until the (a) original or (b) 
 a more authentic copy be brought into the registry. 
 
 14 — Copy (pbte of an alleged) of a will, intentionally destroyed since testor' s 
 death -. — will not be granted upon the evidence of the " destroyer," 
 solely interested in establishing it (Moore v. Whitehouse, 34 L. 31). 
 
 15 — " Delusions " (evidence of) on (a) one, or (b) more subjects 
 (1) affecting, or (2) 7iot affecting a person's capacity to malce a 
 will. 
 
 1. Natural objects of his bounty : — that his delusions are in regard to 
 ps who would be such : (Smee v. Smee, 2 P. D. 84). 
 
 2. " Unaffected," &c. : — that same (a) leave his general power of under- 
 standing unaffected, and (b) are wholly unconnected with his testa- 
 mentary dispositions. 
 
 16 — Destruction (evidence required as to the), under the influence of a fit of 
 mania, of a wl made during a " lucid interval " by a testor (subject to 
 maniacal fits) , who dies without making another. 
 
 1. Drawing of will personally by the testator. 
 
 2. Duration (sufficiency of) of lucid interval for sd purpose. 
 
 3. Substantial, though a temporary, recovery of reason : — that sd lucid 
 interval was such. ^ 
 
 17 — Destruction of a duly executed wl in (1) the lifetime of, and (2) 
 
 without the authority of the testator : — vide " Addenda." 
 18 — Destruction of a will: — evidence required before grt, vide par. 16.
 
 EVIDENCE IN " WILL-CASES, ETC." 85 
 
 19 — Disputed (a) xvill -. — 7 essential provable characteristics to its validity 
 before grant of pbte thereof. 
 
 1. Aye (full) : — that the testator was of full age at date of its exon. 
 
 2. Capacity (sufficient testamentary) of testator. 
 
 3. (2) Execution (due (1) making and) of will in accordance with the 
 provisions of (a) the Wills Act (1 V. c. 26), and (b) 15 V. c. 24. 
 
 4. Executor (appointment of an) therein. 
 
 5. Fratid (absence of) on the part of the applicant for probate. 
 
 6. Personalty (disposition of) in this country. 
 
 7. Undue (absence of) influence on part of ajiplicant for pbte. 
 
 20 — Domicil (evidence in support of acquisition of) of a British subject in a 
 foreign country, with which a convention has beenmade (24/5 V. c. 121, 
 
 1. Declaration (a written) of bis, or her, desire or intention to become 
 domiciled there. 
 
 2. Declon (deposit of sd) in a public office there. 
 
 3. Residence (1 yrs) there immediately preceding death. 
 
 21 — Domicil (evidence in siqjj^ort of acquisition of) by a foreigner in (a) 
 Great Britain, or (b) Ireland (s. 2)." 
 
 1. Declon (sd written) mentioned in par. 20, sub-par. 1. 
 
 2. Declon (deposit of sd) with the Secretary of State. 
 
 3. Residence (1 yrs) there immediately preceding death. 
 22 — " Donatio mortis causa " — 2 requisites to support it. 
 
 1. Delivery of thing given (Ward v. Turner, 1 L. C. Eq., 6th ed., 
 1058), and 
 
 2. Evidence of the (a) clearest and (b) most unequivocal character : 
 (Cosnahan v. Grice, 15 Moo. P. C. 215). 
 
 23 — Doubtful (where testor's capacity, at time of exon, is), prove as 
 follows: — (1) the instrons for, or (2) reading over of the will or 
 codicil (Billinghurst v, Vichers, 1 Phill. 193). 
 
 24 — Doubtful (the rule of Court where the testor is of) capacity. 
 
 1. (1) Approval (ptroof of the testor's) and (2) Jcnowledge of the con- 
 tents thereof at the time of the exon of an instrument, containing 
 a disposition in the propounder's own favour, must be furnished by 
 latter to the Court (Hastilotv v. Stobie, 35 L. 18). 
 
 2. Provable (5 ways wherein testor's sd approval and knowledge is) : — 
 
 1. Declarations (2)revious) : — that the act is in accordance there- 
 with. 
 
 2. Intention (an) to do the act — by proof thereof. 
 
 3. Reading over at the time of the execution of the will.
 
 86 EVIDENCE IN " WILL-CASKS, ETC." 
 
 4. Recognition {subsequent) — by proof thereof. 
 
 5. Reference (some) to the contents, by testor's showing a knowledge 
 of them. 
 
 N.B.—It is not for the Ct to presume fraud undoubtedly {Mitchell v. 
 
 Thomas, 5 No. of Ca. 610 ; affirmed on appl, ib. 614). 
 
 3. Knoivledge of contents — in perfect capacity, may be inferred, but 
 where (1) the capacity is weakened, and (2) the benefit to the 
 drawer of the will is large, (a) the presumption is weaker, (b) sus- 
 picion is strongei', and (c) Ct must be satisfied of the sd knowledge 
 beyond proof of lestor's exon (Darnell v. Corfield, 3 No. of Ca. 233). 
 
 25 — Draft (pbte of) of a will is grantable on motion, where the following 
 facts clearly appear in the afft (Re Barber, 36 L. 19) : — vide sub- 
 par. Ida. 
 
 1. Consent (proxy o/), filed by the jjersons entitled in distribution. 
 
 2. Destruction of wiZZ, without any fault of its " custodian." 
 
 3. Execution (due) of a will, whereof a draft was existing. 
 
 26 — Draft (pbte of) of an intentionally destroyed will — is not grantable on 
 
 motion (Re Body, 34 L. 55). 
 27 — (2) Draft (pbte of (1) contents, or a) of an original testamentary 
 
 document, lost since testor's death. 
 
 1. Costs (condemnation of the next-of-hin in) : — Podmore v. Whatton, 33 
 L. J. P. & M. 143. 
 
 2. Evidence (the Ct must be satisfied by very cogent), adduced on the 
 following points, viz. : — 
 
 1. (1) Destruction (its) or (2) Suppression by next-of-kin, who 
 opposed appln for grt. 
 
 2. Existence (its) at date of testor's death (Wharran v. W., 33 
 L. J. P. &M. 75). 
 
 3. Suppression (its) by ihe said next-of-kin. 
 
 3a. Similarly, where a Commission, &c. was (1) issued, and (2) 
 testor was found m Jan. 1839 a lunatic, without any lucid 
 interval since 1st Aug. 1815, a will executed in 1820 was pro- 
 nounced for (Bannatyne v. B., 2 Robert, 472). 
 
 3. (1) Grant (a) of pbte will follow, and (2) next-of-kin be con- 
 demned in costs, on the Ct being satisfied as mentd in sub- par. 2. 
 
 28 — Draft (when pMe of the) of a loill is grantable on motion: — vide sub- 
 par. 29. 
 
 29 — Draft (evidence required, on exor's appln to Ct, by m,otion only, without 
 action, to obtain a grt of pbte of the) of an original testamentary docu- 
 ment lost since testor's death.
 
 EVIDENCE IN " WILL-CASES, ETC." 87 
 
 1. 4. Alike (that (1) said draft and (2) will are exactly). 
 
 2. 5. Consent to grant by the next-of-kin. 
 
 3. 3. Destruction, or loss of will, without the fault of (a) the bene- 
 
 ficiary thereunder, or (b) its custodian. 
 
 4. 1. Due (the) execution of the will, and its 
 
 5. 2. Existence at time of testator's death. — (Barber, L. Rep. 1 P. & D. 
 
 267 ; 36 L. J. 19 P. & D. ; 15 L. 192). 
 N.B. — The second numbers rejjresent the order wherein the sd allegations 
 must appear in the affidavit, <&c. 
 
 30 — "Duplicate-wills" (how the presumption of law that) (a) retained by, 
 but (6) undiscoverable at testor's death, are revoked, is rebuttable : — By 
 showing that the tester destroyed one duplicate, because he thought 
 the other sufficient ( (1) Jo7ies v. Harding, 58 L. 60 ; and (2) Pem- 
 berton v. Pemberton, 13 Ves. 289, 310). 
 31 — Error (correction of an) in a will by the Pbte Dn. 
 
 1. Afft (as to nature of the) required — vide siib-par. 3. 
 
 2. (1) Fraud (on proof that the words have been inserted by) or (2) 
 mistake, without the tester's knowledge, ihey may be struck out 
 (Harter v. Barter, L. Eep. 3 P. & D. 11). 
 
 3. E.g. Will (where a) was (1) altered and (2) made like the draft, 
 on an afft that mistakes have been made in copying (Bushell, 13 P. D. 
 7 ; 57 L. J. 16, P. & D. 36 ; W. R. 528). 
 
 32 — Illegitimate (gifts to the) children of (1) a man or woman, or (2) of 
 
 one by the other — vide par. 11. 
 32a — Lost (a) tvill : — the admissibility of a tester's post-testamentary 
 
 declarations is doubtful— vicZe (1) par. 33 ; (2) Sugden v. Lord St. 
 
 Leonards, 1 P. D. 154; 45 L. J. 62, P. D. ; and (3) Woodward v. 
 
 Goulstone, 11 App. Cas. 469; 55 L. 790). 
 33 — Lost (presumption of law as to a) wl, known to be (a) duly executed 
 
 by, and (b) in the possession of, but (c) undiscoverable after the death 
 
 of the testor. 
 
 1. Destruction, animo revocandi, by testator personally. 
 
 2. Rebuttable (reason why sd j^resn i.^t) upon clear evidence, &c. — because 
 otherwise a door would be opened to fraud. 
 
 3. Rebutting (nature of the) evidence required — upon clear evidence that 
 testor (1) could not, or (2) did not so <Jestroy it, Ct will admit tvl to 
 pbte. 
 
 4. Sufficient (on) secondary evidence — e.g., (1) declarations, (a) oral, or 
 (b) written, made before exon of wl (Sugden v. Lord St. Leonards, 
 1 P. D. 184; 45 L. J., 62, P. & D.)
 
 88 EVIDENCE IN " WILL-CASES, ETC." 
 
 33a — Presumptions of law in the folloiving cases, viz. : — 
 
 1. Duplicate (as to) wills. &c., vide far. 30. 
 
 2. Lost (as to a) will, &c., vide par. 33. 
 
 3. Revocation of (bj tester's cutting out his signature from his) will. — 
 Vide par. 38, sub-par. 4. 
 
 4. " Survivor " (as to the word) in a will. — Vide par. 41. 
 
 336 — Probate (an "uncontested " graiit of ) of a will in common form by a 
 District Registrar . 
 
 1. WJiere testor leaves personalty in different districts : — when it is 
 proved by afft that he had, at time of his death, a fixed or 
 permanent place of abode within sd District Ej. 
 
 2. " Certificate" by Dt Rgr to Ppal Rgr required before grt is issuable: 
 — that no other apphcation has been made. 
 
 3. "Notice" required before grant is issuable, specifying: — (a) name, 
 (6) description, (c) time, and (d) place of death of testor, and 
 (e) applicant's name — 
 
 4. Effects (3) of testor not having " a fixed place of abode," as stated 
 in sd afft, &c. 
 
 1. Conclusive (sd afft is) for authorisation of grant &c. 
 
 2. (1) Discharge (grt is an eff'ectual) of, and (2) protection to all 
 persons (a) dealing with, or (b) paying to an admor, or exor 
 thereunder, notwitlistanding (1) a defect in, or (2) want of such 
 aff't, as required Ijy Act (26/7 V., c. 77, s. 47). 
 
 3. (1) Impeached (grant cannot, by reason thereof, be), (2) recalled, 
 or (3) revoked. 
 
 34 — Probate of a ivill of realty " in solemn form " is conclusive evidence 
 (20/1 V. 77, s. 62). 
 
 35 — "Registration Acts." — When a copy register book of (1) birth i (2) 
 deaths, and (3) marriages is admissible in evidence : — By 14/1 o V., 
 c. 99, s. 14, a copy of any book, which is of such a public nature as 
 to be admissi^•le in evidence on its mere production from the pi'oper 
 custody is made so in any ct of justice, providing it purport to be (1) 
 signed, and (2) certified as a true copy by offi-cer to whose custody the 
 original is intrusted (Re (a) HalVs estate, 22 L. J., Ch. 177, and (b) 
 Porter's Trusts, 25 L. J., Ch. 88). 
 
 36 — Residue (evidence required in support of an exor's statutory right to 
 the ^indisposed of ) of a testator's personalty. 
 1. Beneficially (circumstances under which exors take) or personally. 
 1. Circumstances (if there are) on face of will showing that they are 
 to so take.
 
 EVIDEKCE IN " WILL-CASKS, ETC," 89 
 
 2, Contrary {where wl shows a) intention, viz., that the exors shall 
 not hold as hereinafter mentd in sub-par. 4, burden of proving 
 which is on them. 
 
 3. No (if there are) next of Jcin. — Exors will so take, even as against 
 the Crown, unless (a) a legacy was given to an exor, or (h) equal 
 (but not unequal), legacies to all the exors. 
 
 2. Court (by what the) is hound: — by expressions in will (s. 1). 
 
 3. Exclusion of exors. — Ct will (in looking through the will), do all in 
 its power to exclude exors. 
 
 4. Trustees (when it is held, in equity, as a rule, by exors as) for tester's 
 next of Mn (if any). — Since 1 Will. 4, c. 40, when exors are appointed 
 without any express bequest. 
 
 37 — '< Revocation (dependent relative) " — substitution dependent on the 
 validity of the substituted instrument :— where there is evidence of an 
 unexecuted intention to revoke a wl by a later one, first remains 
 precisely as it was: (Winsor v. Pratt, 2 Brod. & Bing. 655). 
 
 38 — Revocation (evidence to establish the fact of) of a will by (a) destruc- 
 tion, or (b) tearing : — (Wills Act, s. 20) — 
 
 1. That it was (1) torn by (a) tester, or (b) some other person, in 
 his presence, and by his direction, with an intention of revolting 
 the wl. 
 
 2. Tearing (nature of) required: — it must be such as destroys a 
 material portion of wl, e.g., signatures of (1) testor, or (2) attg 
 witnesses, with sd intent. 
 
 3. (1) Margary v. Robinson, 12 P. D. 8 ; 67 L. 282 ; (2) Re Wheeler, 
 49 L. J., 29 P. & D : — testor (a) duly executed his wl as required 
 by Wills Act; (b) afterwards one of witnesses having got into 
 difficulties, testor resolved that his name should no longer appear 
 as a ws thereto ; and (c) took it to, and instructed B, to strike it 
 out, and write his own name instead, which (d) was done in 
 testor's presence. As such obliteration or striking out is not 
 done with intent to revoke, &c. will is admissible to pbte, subject to 
 production of evidence, showing the ^ following facts : — 
 
 1. Deleted (ivho tvitness is tvhose name is) ; — for, of course, 
 " deleter " is not a good ws to the exon. 
 
 2. Due exon of will in presence of 2 attesting witnesses. 
 
 3. Substitution (that testor did not intend a revocation of his wl, 
 but a mere) of one attg w's name for another. 
 
 4. " Cutting otd" (effect of) of his signature from wl by testor — if 
 (1) done by, or (2) so found in possession of testor at his death,
 
 90 EVIDENCE IN " WILL-CASES, ETC. 
 
 presumption is that it was done with an intention to revoke (Bell 
 V. FoihergiU, L. Rep. 2 P. & D. 148). 
 39 — " Sound and disposing mind," in considering a testor's capacity. — 
 Elements (4 necessary) required therefor, whereof testor must (a) at 
 time, (b) have (1) a recollection, or (2) understanding, viz : — 
 
 1. Distrihdion (mode of intended) of his property. 
 
 2. Nature of business wherein he is engaged. 
 
 3. Objects of his bounty : — persons who have a claim to be such. 
 
 4. Property inteude'l to be thereby disposed of (see Burdett v. Thomp- 
 son, in note to Boughton v. Knight, L. Eep. 3 P. & D. 72). 
 
 40 — " Soundness " {the degree of) required for mahing a tvill : — the highest. 
 
 41 — " Survivor " (tvord) in a ivill : — 7io presumption, in absence of evidence 
 of survivorship, arising from difference of (a) age or (b) sex. — E.g. : 
 A. hd. (1) apptd his wife (a) sole extrix, and (b) residuary legatee, 
 and (2) both were drowned in wreck of same ship ; (3) admon of his 
 effects will be granted to his uext-of-kin (Wheeler, 31 L. J., P. & D. 
 40 ; Wi7ig V. Angrave, 8 H. L. Cas. 183). 
 
 42 — " Undue influence " by Beneficiaries under wills : — 
 
 1. Case (leading) thereon : — Parker v. Duncan, which should be known 
 by all who prepare wills under which they benefit themselves. The 
 facts are as follows : 
 
 1. Testatrix was an inmate of a workhouse infirmary. 
 
 2. Chairman of Board of Guardians (1) obtained from a Solr a 
 form of will filled up in pencil, and (2) took it to her, (3) she 
 lutting her mark thereto, (a) a friend of sd Chairman, and (b) 
 an infirmary nurbe acting as witnesses. 
 
 3. Testatrix died, and sd Chairman propounded wl. It was, 
 however, 
 
 4. Objected that (1) he had exercised undue influence over her, 
 and (2) that she didn't understand its contents. The then learned 
 
 5. President informed the jury that there were 2 rules laid down by 
 the late Lord Cairns in Fulton v. Andrew, 32 L. 209, 7 Eng. & Ir. 
 App. 448, for their guidance, viz :■ — 
 
 1. That the burden of proof was on the pit, who must satisfy them 
 that the instrument set up was the last wl of a capable and 
 free testatrix. 
 
 2. Suspicion (grave circumstances of) : — the fact that the party 
 setting up a wl under which he benefits largely is the person 
 who (a) took instrons for, and (b) prepared, or (c) caused it to 
 be prepared, must be removed.
 
 EVIDENCE IN " WILL-CASES, ETC." 91 
 
 3. (1) Undue influence is established, and (2) wl should be pro- 
 nounced against, unless the Ct and jurj are judicially satisfied 
 that the terms of the document actually express the true wishes 
 of the testatrix, 
 
 6. Rule (the) laid down in par. 5 (2) is but a branch of the general 
 equitable rule that " no man should put himself in any position 
 ivherein his (1) duty, and (2) interest conflict.'^ 
 
 7. Hatherley^s (the late Lord) dictum thereon : — " Bighteousness (the) 
 of the transaction" must be shown by those who take for their 
 own benefit, after having been instrumental in (1) obtaining and 
 (2) preparing a will. 
 
 8. Judgment : — Ct decided against the wl, as the jury found that 
 (1) it had been obtained by undue influence, and (2) testatrix 
 didn't know and approve of its contents. 
 
 43. — Undue influence, &c. — principles laid down in the Earl of Sefton and 
 another v. Hopwood (Foster and Finlason's Reports, vol. 1, pp. 
 56/60), showing the circumstances under which a will, made by a 
 person of testamentary capacity, is " unavoidable." 
 
 1. Avoidance (grounds insufficient for the) of a will made by a person 
 of testamentary capacity. 
 
 1. Capriciousness (the) thereof. 
 
 2. Harshness (the) thereof. 
 
 3. Injtistice (the) thereof, nor, on the other hand, is it enough to 
 avoid it on the ground of 
 
 4. Undue infltcence : — that it was made under the influence of acts 
 of (1) attention, and (2) kindness. 
 
 5. Unreasonableness (its) : — that it is not such a will as a reasonable 
 person would make. 
 
 2. Avoidance (extent of the (1) importunity, or (2) influence sufficient 
 for the) of a will made by a person of testamentary capacity : — it 
 must be such as to deprive testor of the free exercise of his will. 
 
 3. Capacity (definition of testamentary) : — a sound disposing mind, i.e., 
 a power of understanding (1) the natui-e of the ppty, and (2) family, 
 and (3) effect of his will. 
 
 4. Capacity (what the testamentary) involves: — u.ore than the mere fact 
 
 of recognising familiar objects or persons. 
 44 — " Undue influetice," &c. — Wingrove v. Wingrove (11 P. D. 81 ; 55 
 L.J., 7 P. D.) 
 1. The then learned President (now Lord Hannen), after referring to 
 the general misapprehension existing on the subject of " undue
 
 92 EVIDENCE IN " WILL-CASES, ETC. 
 
 ivfluence," said that " to be undue influence in the eve of the law 
 there must be — to sum it up in a word — 
 
 2. " Coercion " — i.e., irresistible importunity destroying free agency , when 
 the will of the person who becomes a testator is coerced into that 
 which he, or she, does not desire to do {the (1) infliience of affection 
 and attachment, or (2) mere desire of gratifying another's wishes will 
 not suffice), which may, of course, be of diiferent kinds. 
 
 3. Different kinds : — 
 
 1. Grossest (in the) form, such as actual (a) confinement, or (Jb) 
 violence, or 
 
 2. Last (a person in the) days or hours of life may become so (a) 
 feeble and (b) weak, that a very little j)ressure will suffice to 
 bring about the desired result, and it may even be that tlie 
 
 3. Mere talking to him at that stage of his illness, and 
 
 4. Pressing something tipon him may so fatigue his brain, that the sick 
 person may be induced, for guietness sake, to do anything. These 
 illustrations will sufficiently bring home to your minds that even 
 
 5. Immoral {very) considerations, either on (1) testor's part, or (2) of 
 someone else offerijig them : — do not amount to undue influence, 
 unless testor is in such a condition that if he could speak his wishes 
 to the last, he would say, " This is not my wish, but I must do it." 
 
 6. Direction to jury : — that, (1) in order to prove undue influence, it 
 must be shown that the wl in question had been produced by its 
 exercise, and (2) mere proof that a person had power to unduly 
 overbear testor's wl was not sufficient. In the celebrated case of 
 
 7. Allcard v. Skinner (57 L. 61 ; 36 Ch. D. 145), ivhere the guestion 
 of the irrevocability of a vohmtary gift inter vivos ivas under discus- 
 sion, Lord Justice Lindley said : " To protect people from being 
 forced, misled, or tricked, in any way, by others, into parting with 
 their property, is one of the most legitimate objects of all laws ; 
 and the equitable doctrine of undue influence has (1) grown out 
 of, and (2) been developed by the necessity of grappling with the 
 infinite varieties of fraud. As no ct has ever attempted to 
 define "fraud," so no ct has ever attempted to define " tmdue 
 influence," which includes one of the many varieties." 
 
 45 — Will {proof of a) affecting the title to {in an action to recover) free- 
 holds : — 
 1. Non-production of vnll. — 20/1 V., c. 77, s. o4 (57) provides that in 
 an action wherein it is wished to establish a devise of realty, the 
 original will need not be produced, but a
 
 EVIDENCE IN " WILL-CASES, ETC." 93 
 
 2. Notice (by pit to dft) may be given ten da\s before trial, " that he 
 " intends thereat to give in evidence, as a proof of the devise, probate 
 " of the will, &c." which latter ivill be sufficient evidence, unless a 
 
 3. Counter-notice is given by the Dft (within 4 days after receipt of 
 the Pit's notice), " that he intends at the trial, to dispute the vali- 
 dity of the devise." 
 
 4. Omission of sd counter-notice : — it does not preclude Dft from con- 
 testing validity, etc., as sd sect, only (1) makes pbte evidence, and (2) 
 was intended to avoid expense (Barraclough v, Greenhough, L. Rep. 
 2 Q. B. 612). 
 
 46 — (2) Will (when (1) a deed or a) proves itself: — 
 
 1. Age (its) : — when it is 30 yrs old (computed from its date : 
 (McKenire v. Fraser, 9 Ves. 5), or upwards, and 
 
 2. Possession (comes out of the) of a person entitled to its custody. 
 47 — Will (evidence adducible by a beneficiary under another's), in order to 
 
 remove any suspicion of " undue influence :" — 
 
 1. Drawer (an independent) of the sd will : — that the beneficiary 
 insisted thereon, or 
 
 2. Witness (that an absolutely independent) was informed of the 
 test or 's intentions. 
 
 48 — Will (a disjnded) : — 7 essential provable characteristics to its 
 validity before grant of pbte thereof, vide par. 19, sub-pars. 1 to 7 
 inch
 
 APPENDIX E 1. 
 
 " Executors "—a Digest of the law as to their respective 
 (a) disabilities, (b) duties, (c) powers, (d) responsibilities, and 
 (e) rights. 
 
 1 — Absentee (an) exor {i.e., one resident out of Ct's jurisdiction (United 
 Kingdom) . 
 
 1. Admon is grantable to bis Atty, acting under a Power of ]Atty (P. R. 
 '62, r. 32, K C. 
 
 2. Passed (when such exor may he) over hy the Court (under 20/1 V. 
 c. 77, s. 73) : — if there be special reason therefor. 
 
 2 — Acceptance of phte : — exor's acts constittiting liability to accept. 
 
 1. Admon (what amounts to an). — Whatever an exor does, showing an 
 intention, on his part, to assume and take the exorship upon 
 himself. 
 
 2. Be (exor) son tort : — doing such acts as would make him liable as 
 an exor de son tort, had he not been properly apptd exor, e.g., (1) 
 advertising for Crs to send in their claims, and (2) for Drs to pay 
 debts due to testor's estate to A. and B. (his exors in trust) (Long 
 V. Symes, 3 Hagg, 771). 
 
 3. (1) Charity (the performance of mere acts of ) , (2) kindness, or (3) 
 necessity: — does not constitute a sufficient intermeddling to, &c. 
 
 2a — Accounts (the effect of delay in talcing exorship). — It is not necessarily 
 sufficient negligence whereby to charge an exor with interest on 
 the balance retained in his hands (Blogq v. Johnson, '36 L. J. Ch. 
 859). 
 
 3 — Action against exors for a debt owing hy their testator. 
 
 1. Befts (who shoidd properly he joined as) : — all who have proved the 
 will. 
 
 2. Other (when the) exor is suable alone under 0. 16, r. 4 : — if one is 
 (1) bankrupt, and (2) out of Ct's jurisdiction (See Brage v. Hartop, 
 51 L. 903; 28Ch. Dn. 414). 
 
 3. " Solicitor's a/c." — (1) A. and B. (partners) bring an a/c for a 
 client (C.) ; (2) A. dies when the cause is at issue ; (3) B. continues 
 it, and (4) fails therein ; (5) C. afterwards refuses to pay the costs 
 incurred; (6) A.'s repre may now be joined with B. (surviving part- 
 ner), binder 0. 16, r. 1.
 
 EXECUTORS. 95 
 
 4 — Actions (who must join in brlnginrj) affecting or relating to deced's 
 
 personalty. — All (including infant) exors. 
 5 — " Acts (administrative) " compelling an exor to prove a will. — Vide 
 
 sub-par. 2. 
 6 — Administering (a mere),ioitho7(t j)roving the will, is insufficient. 
 7 — Advice (the) &c., of the Court is obtainable (without action) by (a) an 
 
 exor or (h) trustee. — Vide " Administration" pp. 2/3, par. 5, suh-pars. 
 
 \ to b incl. 
 7a — Advice (Solr's). — For a schedule of the matters wherein same should 
 
 be taken, vide " Miscellaneous," suh-par. 5. 
 8 — Appointment (exor's). — Vide "Ante-probate Acts," (Miscellaneous), 
 
 par. 8, stib-pars. a, b, c, d, & e. 
 9 — Appointment (advantages of the) of a co-partner as yoiir exor. 
 
 1. Expedition, &c. — It may be that this is the (1) best and (2) quickest 
 way of arranging the firm's affairs. 
 
 2. Secrecy thereby secured. — Strangers are thereby excluded from any 
 interference therein. 
 
 10 — Appointment (disadvantages of the) of a co-p)artner as your exor. — 
 Inconvenience (the) arising from the possible conflict of two kinds 
 of duties vested in such exor, viz. : — 
 
 1. Beneficiaries (as exor, towards the). 
 
 2. Estate (as exor-partner, towards the deceased's). 
 
 11 — Appointment of exors in 2, or more consistent, wills. — All may take 
 
 pbte (Morgan, 1 P. & D. 323). 
 12 — Ajypt of exors in 2 partially inconsistent wills. — The second will does 
 
 not revoke the appt in the first. 
 13 — Appt (the mere) of exors entitles a paper to pbte (Leese, 31 L. J. 
 
 Prob. 169 ; 2 S. & T. 442. 
 14 — Arbitration (reference of disputed matters to). — Vide " Arbitration" 
 
 pp. 3/4, par. 7, sub-pars. 1 to 9 incl. 
 15 — Assignability (non) of an exorship. 
 
 1. Limit. — An exor's power is only such as is specified in the will 
 (Adamson, 3 P. & D. 253). 
 
 2. Nominee. — Tester has confidence in such exor, but not, unless so 
 stated, in any nominee he may select. 
 
 16 — Assignment (a7i) of (1) bank, or (2) railway stock (registered in the 
 names of all) by one only of several " proving exors " is void, but 
 
 17 — Assignment (an) of leaseholds by one only of several (1) admors 
 Sneesby v. Thome, 1 Jur. N. S. 536), or (2) proving exors is good, 
 they having a joint and several interest in deced's pslty.
 
 96 EXECUTORS. 
 
 17a — Bankrupt-exors : — as to their pers -ual Kability to the legatees, vide 
 
 " Liability, <Src.," par. 48. 
 \7h — Banhruptcy (effect of an exors) on his exorship. 
 
 1. Bisqiialijication (it does not operate as a) for the office. 
 
 2. Receiver (a) may, however, if necessary, he appointed by the Ch. 
 Div., or 
 
 3. Security msLj he ordered {Re Ho^^Jcins ; Bowd v. Hawkins, 1 9 Ch. 
 Diy. 61). 
 
 18 — "Bare (a) trustee " : — definition thereof. 
 
 1. Bisinterestedness : — one who has no beneficial interest in the ppty 
 whereof he is seized. 
 
 2. Inactivity : — one who has no active duty to perform in respect thereto. 
 19 — Borrowing (as to his restricted) powers : — vide " Loan," par. 66a. 
 
 20 — " Chain of representation " : — as to how same may be carried on 
 
 indefinitely, vide " Representation," par. 7S. 
 21 — " Character" (renunciation in one) is renunciation in all. 
 22 — ''Conditional (a) exorship": — an exor maybe apptd conditionally, 
 
 e.g., upon his proving the will within 3 mos after testor's death 
 
 (Bay, 7 N". C. 553). 
 23 — '• Contracts " whereon exors (as such), are generally (1) liable, and 
 
 (2) can sue — vide " Contracts," par. 19a. 
 24 — Contracts whereon an a c is not maintainable agst an exor for his 
 
 testor's non-performance thereof — vide " Contracts," par. 19b. 
 25 — Conveyance fexor's) of the legal estate — vide'^ Admon," pp. 6,7, par. 
 
 22, sub-pars. 1 to 4 incl. 
 26 — Costs of an a c brought (1) against, or (2) by an exor, where n 
 
 judgment is recovered against him— i-iV7«? " Costs," par. 23 
 
 (miscellaneous). 
 26a — Cr. (effect of testor's appt of a) as his exor : — he may retain his own 
 
 debt out of the assets in preference to all other debts of the sane 
 
 degree (vide (1) " Preference," and (2) " Retainer "), pars. 58 
 
 and 79 respectively. 
 27 — Beath (the respective (1) rights and (2) remedies of contracting parties 
 
 on the) of either party to a contract. 
 
 1. BececTs exors or legal personal repres: — as a contract is not neces- 
 sarily dissolved by the death of either contractor, all the deced cr's 
 rights, «&c. survive to them, 
 
 2. Beced's (when) exors may be sued by the survivor : — if they fail to 
 perform the ct on deced's part: ((1) Bishop v. Curtis, 18 Q. B. D. 
 878, and (2) Timmis v. Piatt, 2 M. & W., 720).
 
 EXECUTORS. 97 
 
 3. Deced's (when) exors can sue the survivor : — if he fail to perform his 
 part of the contract. 
 
 4. Die (what contracts) with deced: — vide " Contracts," par. 19b. 
 
 27a — Death (transmission of exorship on the) of the following parties, 
 viz. : — 
 
 1. Co-exor (a) : — the office survives to the survivors. 
 
 2. Last (a) surviving exor : — his exors become the original testor's exors. 
 
 3. Sole (a) exor : — his exors become the original tester's exors. 
 
 28 — Death (exor's) before (a) phte or (b) testor : — Letters of Admon cuvi 
 
 testamento annexo are required. 
 29 — Debt (exor's liability for) in an a/c wherein judgment is recovere 
 
 against him — Vide " Costs" (miscellaneotis) , par. 23. 
 29a — Debtor (effects (1) i7i equity and (2) at law respectively of a testor' s 
 
 appt. of a) as one of his exors. 
 
 1. Equity (in) : — such dr-exor is converted into a trustee of the debt 
 for the residuary legatees under sd will. 
 
 2. Law (at) : — where there is no remedy for its recovery, such appt 
 will operate as a release of the debt. 
 
 30 — Debts (payment of) owing by a deced, &c. — vide " Debts," par. 28 
 (Miscellaneous) . 
 
 31 — Definitions of (1) "an exor," and (2) " exor-trustee — vide sub- 
 pars. 40/1. 
 
 31a — Delay (effect of) in taking exorship a/cs — vide sub-par. 2a. 
 
 32 — " Devastavit " (no), as a rule, by an exor's payment of his testor's 
 statute-barred debt — vide " Administration," p. XI., par. 38. 
 
 33 — Dismissal (exor's) by the ct, in aid of justice — vide sub-par. 68. 
 
 34 — Distinction (an important) existing between (1) admon, and (2) pbte :— 
 (1) an exor only can " prove," i.e., obtain pbte of a will, and (2) 
 after him his exor, to whom, by such 1st proving, he transmits the 
 said chain, &.c. — Vide (a) ^^ Admon," p. 11, par. 41, and (b) ''Repre- 
 sentation," par. 73. 
 
 35 — Distribution (exor's bond fide) of assets upon what turns out to be a 
 wrong principle. 
 1. Refund (when an exor must) (a) estate, (b) tisually with 4 p.c. int. 
 
 1. Case— Re Rulkes ; Powell v. HulJces, 33 Ch. Div. 552 ; 55 L. J. 
 846, Ch. ; 55 L. 237. 
 
 2. Judicial (ivithout any) authority : — if an exor, without same, or 
 
 3. Stat, (without acting under) 22/3 V. c. 35 : — pays over the estate 
 to those whom he (a) supposes to be, but (b) are not, in fac^, 
 entitled thereto, he must replace it as afsd. 
 
 H
 
 98 EXECUTORS. 
 
 2. Voluntarily-paid (position of a) legatee thereunder. 
 
 1. Aware (if) that the exor was acting erroneouslij — he is bound to 
 refund to latter (Be Hidkes, ante, p. 97, par. 35 (1)). 
 
 2. Creditors (unpaid) : — he must refund to them. 
 
 3. Ignorant (if) that the exor tvas acting erroneously : — he is wof bound 
 to refund (Newman v. Ba.rton, 2 Vern. 205). 
 
 36 — Distress (an exor's ratification of a) made'(l) in the name of, and 
 (2) immediately after the death of the testor is legal (Whitehead v. 
 Taylor, 10 A. & E. 210). 
 
 37 — " Election " (an exor's) of exorship : — whatever acts will make a man 
 liable as an exor de son tort will be deemed such election. 
 
 38 — Eligible (persons) for an exorship : — (1) all persons capable of 
 making wills, including (2) infants, and (3) married women (See 
 M. W. P. A. '82 ; Darke, 1 S. & T. 576). 
 
 39 — " Exclusion " (iiisufficient grounds for) from an exorship : — (1) 
 badness of character ; (2) bankruptcy or insolvency ; (3) extreme 
 want of health, or (4) that the exor has an interest incompatible 
 with the due admon of the estate. 
 
 39a — " Exclusion," &c. (5 sufficient grounds for sd) : — vide " Passing 
 over, &c.," par. 55. 
 
 40 — Executor (definition of an) : — a person apptd or selected by a testor 
 to carry his will into eifect, by (1) proving it in the proper registry, 
 and (2) afterwards administering his estate, by (a) paying his just 
 debts, funeral, and testamentary exps, (3) managing, and (4) 
 realising such estate, and (5) ultimately distributing the residuary 
 pslty amongst the designated objects of his bounty mentioned 
 therein. 
 
 41 — Executor (definition of an) trustee — if testor also imposes additional 
 directions upon an exor, e.g., to (1) sell, (2) divide, or (3) other- 
 wise deal with his realty, or (4) invest, or (5) retain any moneys or 
 I^pty for any specified object, such exor becomes, by acting therein, a 
 trustee also of the will under which he is apptd. 
 
 42 — Executor (an) of an exor represents the original testator. 
 
 43 — " Executor according to the teiior of the will." 
 
 1. Definition thereof — that (1) no person is expressly named or specifi- 
 fically appd exor, but (2) his offices arises, by construction of 
 law, by being delegated, directed, or required to do certain things 
 which constitute an exor's duties (no matter how they are expressed). 
 
 2. Examjyles : — (1) Admininister (to) the estate generally, as where a 
 testor directed that none, except A. B., should deal therewith until
 
 EXECUTORS. 99 
 
 his son attained 19 ; A. B. thereby became sd exor during latter's 
 minority. 
 
 (2) Payment {a direction for) of (1) all lawful demauils agst his 
 wl and codicil (Grant v. Leslie, 3 Phill. 119) and (2) legacies, 
 (3) to get in the estate, and (4) to pay his debts : {Eraser, 
 2 P. & D. 186.) 
 
 (3) Paymeiit (a direction for) of (1) debts, and (2) general and (3) 
 pbte exps : (Fry, 1 Hagg. 80.) 
 
 (4) Sister {where testor appts Ms) extrix, only requesting that his 
 nephews (A. and B.) will kindlv act for, and with her ; iiepheios 
 become exors according, &c. : (Brown, 2 P. D. 110; 36 L. 519; 
 46 L. J. 31, P. & D.) 
 
 44 — Executors (case wherein persons are not) according to tenor of will. 
 
 1. Testor (1) gives all his ppty, with certain sjiecified exceptions, for 
 equal division amongst 4 of his sons, and (2) appts 2 other sons 
 " to act as trustees thereto " until his youngest child attains 21, but 
 (3) does not appt an exor. 
 
 2. Reason why the sd 2 sons are not exors, &c. — as («) they are thereby 
 created trustees, and (b) there is nothing to indicate that they have 
 any duties to perform that would not properly devolve upon them 
 as trustees, merely, they are not exors, &c. : (Maley, 57 L. 500 ; 
 12 P. D. 134 ; 57 L. J. 112, P. & D.) 
 
 3. Grant (nature of the) in the preceding case — 
 
 1. Adults (admon. with the will annexed to such of the sd 4 sons as 
 may be), or of age. 
 
 2. Infants (if they are under 7 yrs they are styled), and camiot 
 elect a guardian. 
 
 2a. Procedure in case No. 2. 
 
 (1.) Affit. (giiardian's) that he is ready to take their guardian- 
 ship, whereupon 
 (2) Grant (the) is made to him by order of a registrar. 
 
 4. " Minors " (if none of them be of age, they are, if above 7 yrs old, 
 styled), and may, by writing, (1) signed and (2) attested, elect one 
 of their next of kin to be guardian, to whom sd admon (during 
 infancy only), is grantable. 
 
 45 — Exors. not according to the tenor of the will — for the nature of 
 grant in such case vide as afsd — (par. 44, sub-par. 3). 
 
 46 — Exemptions (15 statutory) from pbte — vide " Exemptions," par. 46, 
 Somerset House Guide, &c. 
 
 47 — (1) Expenses (schedule of reasonable exorship) and (2) payments 
 
 H 2
 
 100 EXECUTORS. 
 
 allowed ont of the estate, and retainahle hy the exors, necessarily and 
 properly incurred (and not arising from their own default), in the 
 conduct of their office. 
 
 1. Agent (1) the London, of (a) a solr-exor, or (h) sole trustee — his costs 
 in a cause will be allowed, although the will does not provide for 
 the remuneration of (1) such exor or trustee, or (2) his partner. 
 
 2. Agents employed in " special cases " : — (Bohinsonr. Pett, 2 White & 
 t/l. C. Eq. (6th edn.) 214). 
 
 3. Collector (a) employed hy exor-trustees (to whom annuities of 5 guas 
 each for their trouble had been given by the testor, who had, 
 amongst other ppty, 50 houses in London, let at weekly rents) : — On 
 passing their a/cs the ct allowed his commission for such collection : 
 (Wilkinson v. WilUnson, 2 S. & S. 237). 
 
 4. Contract (ivhere there is a perfectly fair) by their cestuis que trust to 
 
 (1) allow exors and trustees some remuneration for their (a) loss of 
 time, and (h) trouble in acting, or (2) to make professional charges. 
 
 5. Costs (the) of a properly (1) instituted or (2) defended action : 
 (Robinson v. Pett, ante). 
 
 6. Court fees : — the amount paid therefor. 
 
 7. Disbursements (or " out of pocket " exps), whether (1) provided, or 
 
 (2) unprovided for by the (a) deed or (b) will under which they are 
 claimed. 
 
 8. (1) Management, (2) realisation, and (3) distribution (intermediate 
 and final) of the estate amongst the residuary legatees : — Solicitor's bill 
 of costs of and incidental thereto, where (a) his services are strictly 
 employable, and (b) the duties in connection with such manage- 
 ment, &c., cannot safely and strictly be performed by the exors 
 personally. 
 
 9. Probate (solicitor's bill of costs for obtaining). 
 
 10. Professional (a contract to make) charges — vide sub-par. 4. 
 
 11. Rent (a) collector's " commission*' — vide sub-par. 3. 
 
 12. Solicitor (a) exors or trustee's (1) loss of time, and (2) trouble — 
 under special circumstances, an inquiry is directable to award some 
 remuneration {where the will does not specially provide) therefor. 
 
 13. Solicitor' (a) bill for obtg pbte, &c. — vide sub-pars 8 and 9. 
 
 14. (1) Stamps and (2) stationery (separate) for the estate- — to buy 
 same will save the exors some small part of the actual loss frequently 
 incidental to an exorship. 
 
 15. (1) Travelling (exor's own) and (2) other exps properly incurred by 
 him.
 
 EXECUTORS. 101 
 
 47a — Expenses (exors' "precaution" in regard to the sd) : — 
 
 Exors should not forget (1) that to act in strict accordance with 
 the law is their only safe course, and (2) that so long as they act 
 carefully, honestly, and openly, beneficiaries will generally take a 
 more business-like view of their (a) disbursements and (b) remune- 
 tion than the judges can or do, having regard to the " strict lines " 
 to which and whereon the latter have to adhere and decide in 
 questions of this character. 
 
 48 — Expenses disallotved as betn (1) an exor or trustee, and (2) his cestui 
 que trust. 
 
 1. Contract between (1) cestuis que trust, and (2) trustees for (a) latter's 
 rect of some compensation for acting in the trust, or (b) to make 
 professional charges : it is not enforceable, if not perfectly fair 
 ((1) Robinson v. Pett, ante ; (2) Ayliffe v, Murray, 2 Atk. 58). 
 
 2. Contract {in case of the absence of a) for the allowance of any remu- 
 neration to an exor or trustee for his (1) loss of time and (2) 
 trouble. 
 
 3. Contract by an " unremunerated" exor with residuary legatees {for 
 100 guas remuneration) to act in exorship : — Where he originally 
 refused to act in consequence of great anticipated trouble in the 
 management, realization, and distribution of the estate, but 
 subsequently (1) agreed to do so, and (2) died before the latter 
 event, no part of sd amount was recoverable by his personal repres 
 {Gould V. Fleetwood, Mich. 1732). 
 
 4. (1) Solicitor {neither a) exor or trustee, nor (2) his co-partner will, 
 imless specially provd for by the will, be allowed to make any charge 
 agst a cestui que trust. 
 
 49 — Felon {as to a) exor's duties : — they devolve upon his representative 
 
 under the Crown until his sentence expires (" Treasury Act," 33/4 
 
 V. c. 23, s. 9). 
 60 — Felony {an exor's) does not affect his title, his ofl&ce being " en autre 
 
 droit " (in another's right). 
 51 — Forgery by one (1) co-exor or (2) co-trustee of the names of all to 
 
 an assignment of (a) bank or {b) railway stock (registered by co. in 
 
 names of all) — Co. liable to replace it. 
 52 — "Funeral expenses'' — as to exor's responsibility therefor, vide 
 
 par. 37a. 
 53 — Gratuity {by bfs) to an exor for his trouble, &c. — vide "Beneficiaries," 
 
 par. 12, sub-par. 12 (Miscellaneous). 
 54 — Infant {an) sole exor — cannot (1) act, or (2) apply for and (3) take a
 
 102 EXECUTORS. 
 
 grt of pbte until he attains 21, but admon with the wl annexed will 
 be granted, during his minority, to (a) his guardian, or (b) such 
 other person as the Ctmay think fit, who may act for him (38 Geo. 3, 
 c. 87, s. 6). 
 
 55 — " Intermeddling " — an exor who (1) commences to manage an estate, 
 but (2) discontinues acting, " intermeddles," and can be compelled 
 to take pbte (PancJiard v. Weger, 1 Phill. 212, hut vide sub-par 68). 
 
 56 — Interest {as to) on balce retained in exor's hands : — vide sub-par. 2a. 
 
 56a — Interest {whe?i) on a deced^s share of partnership assets is addihle 
 thereto : — if (1) the amt is large, and (2) much time has elapsed 
 between (a) the death and (b) grant of pbte of such deced partner's 
 will. 
 
 57 — " Investment (statutory) " under B. S. C. Augt. '88, &c. : — vide 
 " Investments," par. 47. 
 
 58 — Investment {Trust Funds) Act, '89 : — vide ^^ Investment,'' &c., par. 44. 
 
 59 — Joint promise by A. and B. to C. {all deced, leaving exors) : — C.'s exors 
 should sue the exors of A. and B. 
 
 60 — Judgment of ''assets in futtiro" in an a/c agst an exor, who pleads 
 " plene administravit." 
 
 1. Judgmt {when pit should sign sd) — if he (1) cannot disprove sd plea, 
 and (2) there are other outstanding assets to be got in. 
 
 2. Course tvhen latter come to exor's hands — (1) apply to Ct or (2) a 
 judge for {a) leave to issue exon, which may be ordered accordingly, 
 or (b) an issue may be directed to try the parties rights (O. 42, 
 r. 23). 
 
 61 — Judgment {pcde incidental to a) ''presently as to assets admitted" in 
 an a/c agst an exor who pleads " plene administravit prseter." 
 
 1. Judgment {tohen pit should sign sd) — if he cannot disprove sd plea. 
 
 2. Mest {as to the) : — judgment No. 1 (specified in par. 60), which 
 is executable as afsd. 
 
 61a — Kinds (2) of exors : — (1) exors, or those stated to be so in the (a) 
 will or {b) codicil, and (2) exors according to the tenor, &c. — vide sub- 
 pars. 40 and 43. 
 
 62 — Lease {an exor's liability on a beneficial) taken by his testator. 
 
 1. Extent (he is liable, as exor, to the) of the assets. 
 
 2. Personally {when) liable, &c. — if he takes possession, he is personally 
 liable up to the letting value of the premises {Re Boives ; Earl of 
 Strathmore v. Vane, 37 Ch. Div. 128; 58 L., 309). 
 
 3. Protection of an exor from further liability on covts in his testor's 
 lease, &c. — vide " Indemnity," par. 40, sub-par. 2a.
 
 EXECUTORS, 103 
 
 62a — Legacies (satisfaction of), after liabilities are fully discharged, by 
 obtaining legatees* signatures to the official receipts on imyment 
 thereof. 
 
 1. Abroad (where a legatee is), i.e., absent beyond the seas, exor may, if 
 he pleases, discharge himself by payment of legacy into Bank of 
 England, with privity of Accountant-General of Ch. Div, under 
 Geo. 3, c. 52, s. 32. 
 
 2. Attesting witness to testor's ivill. — A legacy to him must not be paid 
 (1 v., c. 24, s. 15). 
 
 3. Charitable legacies must be paid out of pslty, and not out of moneys 
 arising from realty. 
 
 4. (1) Husband or (2) wife of a testor's relative. — A legacy given to 
 him or her will pay same duty as such relative would have done, and 
 not the larger duty. 
 
 5. Lapsed (in case of) legacies. — An exor should not attempt to act, 
 except under legal advice. 
 
 6. (1) Life (legacy given to A. for), and (2) then to B. and C. (all 
 liable to same rate of duty) — whole duty will be payable out of 
 corpus of legacy. 
 
 7. (1) Life (legacy given to A. for), and (2) then to B. and C, subject to 
 a different rate of duty. 
 
 1. A's (value of) interest will be calculated by way of annuity 
 under the Succession Duty Tables, and the 
 
 2. Remaindermen will pay their duties on the legacy falling due. 
 
 8. " Minor '' (a legacy to a) or person under age, cannot be paid to him 
 during minority, but the exor may, &c. — Vide sub-par. 1. 
 
 9. " Specific legacies," e.g., a particular (1) horse, or (2) other article, 
 or (3) sum of stock standing in testor's name, or (4) his gold tcatch. 
 
 (a) Debts (claim of) — Said legacy is only subject thereto, notwith- 
 standing. 
 
 (b) Insufficiency (an) of assets to pay general legacies in ftill. 
 
 (c) Bights (legatee's). — He is entitled to its (1) delivery, or (2) 
 transfer, on his paying the legacy duty payable in respect 
 thereof. 
 
 9a. Specific (if more than one claimant to a) legacy. — Vide '^ Indemnity,'* 
 par. 40, sub-par. 7. 
 
 10. Woman's (a married) legacy. — A receipt therefor is signable by 
 her alone, as if she were a feme sole, since the M. W. P. Acts. — Vide 
 App. L., par. 30. 
 
 63 — Legatee — where a testor leaves ppty without directing performance
 
 104 ESECrXOES. 
 
 of anv specific duties, the person to whom he leares it becomes & 
 
 legatee {OUpkant, 1 S. ^t T. 52-5). 
 «?4 — Liahilittf (^exor's) for debt in an a c wherein judgment is recorered 
 
 against him — n«f«f " Costs" par. 23 {Mlse^Uameous) . 
 6-5 — L ' -rteHt of a deft-eJtors) for debt tJi tijt aetion iker^^for. 
 
 1. -i ^ [^exots) of the coHtraet, in some war, will bind his estate. 
 
 2. Agreement (by) — if, /or a eonsom, (1) such exor, or (2) his lawfoUj 
 authorised agent, has signed a written memdum, binding his own 
 estate t^St. of Frauds, s. 4. sub-s. 1). 
 
 3. Co^^:— he is always liable (but is* recoupable out of the estate) 
 therefor. 
 
 4. Personally {a) contmeted debtj e.g., by giring an oid^ for deced*s 
 " interment, etc." 
 
 5. Plea (hi^ kis pieading a false), otherwise he is not liable. 
 
 66 — Limited (^exorships, of both kinds mentd in sub-par. 61a may be) to 
 
 certain duties, as to ad miniver a testorsppty im a eertetmfilaee (^doai- 
 
 soH, 3 P. A D. 253). 
 66ii — Loan {an admor's or exor^s negotiation of a) i# illegal : — where an 
 
 admor or exor. in his representatire capacity as such, borrows money, 
 
 the lender will be remediless agst the deced's estate, because such a 
 
 contract (1) does not bind the latter, but (2) creates a mere personal 
 
 liability on the borrower's part {FarkaJl t. FarkaU, 41 L. J. Ch. 
 
 146). bnt slight expressions in the iriU mil emp-yvrer i-xors to make a 
 
 valid charge on borrowing money, 
 'o'ob — io^s^it (ti* to) falling npom exors p'yr^onau'j. rui-z par. 49 c. 
 67 — Lnnatic {a) exor mth a eommittee — the Ct usiuiUy appoints the latter 
 
 as admor. (Ecans t. Tyler, 2 Kobert, 132 ; 3 N. S. 2^). 
 67a — LMnatic (a) exor trithout a eommittee : — a grant will be made to the 
 
 residuary legatee named in the will (^cide " Administration" p. 22, 
 
 par. SS). 
 67b — Married {a) teomtan aKeutrixz — ride par. 50. 
 68 — ^'"<f<r«'*?*ljr {acts of) : — (1) do not bind an exor to take pbte, and (2) 
 
 eren if he has shown himself willing to accept, he may be dismined 
 
 by the Ct in aid of jitstice ((a) Ltyng v. Symes, 3 Hagg. 774v and (b) 
 
 Panchard t. Weger, 1 PhilL 212). 
 6^* — Partner icy) : — as to his appt as your exor, ride smb-pars. 9 a»d 10. 
 6i^i — Pnjjits (OS to) made by an exor — ride '' Pr<y»*#." par. 58o. 
 70 — Proieetion ((a) oUaimimg afaftrf o rj), and {b) aroidimg fntmrt respemsi- 
 
 bility by payment of trmst-mo^key into Ct — ride " Eridenee" App. S.^ 
 
 p. 80, par. 6 (1 f«> 6 imeJ).
 
 EXECUTORS. 105 
 
 70a — Purchase- money (reason why an exor^s receipt for) to a pchr of lease- 
 holds (bequeathed subject to legacies payable to adults), is sufficient 
 (ejtoneratinci pchr from liability to see to its appln), unless the assnt 
 he fraudulent — because chattels real go, in the 1st instance to the 
 exor for pavmeut of testor's debts, in order to do which (1) he has 
 absolute power to assign and dispose thereof, and (2) his rect is a 
 sufficient discharge to a pchr, notwithstanding leaseholds may be 
 specitically bequeathed. 
 
 71 — Purchasers (forbidden) : — in converting (1) personalty and (2) 
 realty, no part can be purchased by an exor — vide par. 60. 
 
 71a — Beceipts (as to) by ej^ors — vide (1) sub-pars. 70a aud 7t> respectively 
 and (2) App. E. 
 
 716 — Eeceipts (as to distinction tvtween exors and trustees joining in) — 
 vide sub-pars. 70a and 76. 
 
 72 — Eefusal (on) of all exors to prove will — a grant of Letters of Adnion 
 to one of deced's next-of-kin follows. 
 
 73 — Eeijistration {cases wherein) of pbfe is necessary — vide '^ Admitiistra- 
 fiOM," j>p. 26-7, par. 115. 
 
 74 — ** Eenunciation" in one character is a renunciation in all. 
 
 75 — Eepresentation (chain of) of original testor's estate — «<« to trans- 
 mission thereof, vide '* Eepresentation," par. 73. 
 
 76 — Eesponsibilities (exors) for each other s acts. 
 
 1. Authority (extent of their) over testor's personal assets : — it is joint 
 and several ; an exor has, therefore, independently of his co-exor, 
 an absolute and full control over them. 
 
 2. Individual (exors) acts -. — exors, therefore, are generally answerable 
 therefor, and not for their co-exors' acts, to which they are not privy. 
 
 3. Eeceipt {a) : — one exor is competent to give it. 
 
 4. Eeceipt (effect of an exor joining in a). 
 
 1. Act (he thereby does a purely voluntary, wanton, and unnecessary), 
 interfering when the nature of the office lays upon him no such 
 obligation. 
 
 2. Answerable (how) : — it was a rule (very early established), that if 
 exors joined in rects, there is a presumption that they thereby (1) 
 assumed a power over, (2) jointly received, and (3) should, there- 
 fore, be answerable, each in solido, for the application of the amt 
 received. 
 
 3. Case (leading) thereon : — Brice v. Stokes, 2 Tudor's L. C. 
 (3rd edn.), 785. 
 
 4. Question (the) in each case is, whether the signatory had, in any 
 manner, control of the monev r if he had, his rect charges him.
 
 106 EXECUTORS. 
 
 5. Receipt (effect of a single exors separate) — it is a sufficient and 
 valid discharge to the payer; exor's signature thereto will be 
 strong evidence that he himself has had control of the amt. 
 
 6. Receipt (Crs separate) : — vide sub-par. 5 as to the liabiHty 
 incurred thereby. 
 
 77 — Rights (as to an exor's 19) — vide " Rights, &c" (Miscellaneous), par. 82. 
 
 77a — Satisfaction of legacies, &c. — vide sub-par. 62a. 
 
 78 — Transfer (void) by one co-exor or co-trustee of the following stock. 
 
 1. Banh-stoch, regtd in names of all (Solomon v. Bk of England, 14 
 Sim. 475), or 
 
 2. Railway-stock, regtd in the names of all (Barton v. North Stafford- 
 shire Rway Co, 38 Ch. Div. 458 ; 57 L. J. 800 Ch. ; 58 L. 540). 
 
 79 — Transmission of exorship on death, &c. — vide sub-par. 27a. 
 
 80 — Trust (for the effect of (1) an exor's or (2) a trustee's payment of) 
 
 money into Ct, under 10/11 V. c. 96 : — vide " Evidence," App. E., 
 
 p. 80, par. 6 (1 io 6 incl.) 
 81 — Trusts (exors procedure in case any difficult) arise : 
 
 1. Ch. Div. — He can, at any time, apply thei'eto for express directions 
 how to act. 
 
 2. Costs (the) of and incidental to such appln will, in all proper cases, 
 be ordered to be paid out of the estate. 
 
 82 — Will (any special directions in the) as to testor's (1) intentions and (2) 
 wishes : — the exors must be careful to carry out the same strictly, 
 e.g., as to the sale of realty, the proceeds whereof, if sold, will be (a) 
 payable to, and (Jb) applied by them, pursuant to such directions. 
 
 83 — Woman (a inarried) extrix — vide px^'*'- 50.
 
 APPENDIX E 2. 
 
 Executorship (an), embodying the ordinary successive steps in the (a) 
 management, (b) realisation, and (c) distribution (without action) of a 
 smull estate of a solvent testator. 
 1 — Cash {amount of) left in the house by the testor at his decease : — inquire 
 
 forthwith about this, as it is frequently (1) expended, and (2) 
 
 forgotten. 
 2 — Burial (testor' s) in a manner suitable to the estate left : — (1) Edwards 
 
 V. Edwards, 2 Cr. & M. 612, and (2) Reeves v. Ward, 2 Scott. 395. 
 3 — Will ((1) delivery of) to, and (2) instructions to exors' solr to obtain 
 
 fbte thereof. 
 4 — Receipt from exors' solr to be obtained therefor : — vide " Receipts" 
 5 — (1) Inventory (a statutory), and (2) vahiation of pslty (including 
 
 leaseholds), usually by, or through a " sworn appraiser " or licensed 
 
 "valuer. 
 5a — Inventory (when Crs may dispense with sd) : — when the estate is 
 
 small. 
 56 — Inventory (statute iinder and by virtue of which sd) is necessary: — 21 
 
 Hen. 8, c. 5. 
 6 — Grant (a) of pbte must be obtained: — Tugwell v. Hayman, 3 Camp. 
 6a^-(a) Affidavits, &c. required for (after all the necessary particulars as 
 
 to the extent and nature of the estate have been obtained), and (b) pro- 
 
 cedtire before an appln for a grant. 
 
 1. Account (statutory personal estate), deliverable under 43 V., c. 14 
 and (1) referred to in, and (2) verified by the afft for the 
 Commrs of Inland Revenue. 
 
 2. Affidavit "J.." or B., as case may be (authorised form), for sd 
 Commrs. 
 
 3. Affidavit (an) by one of attesting witnesses as to due exon of will 
 (if necessary). 
 
 4. Inventory (an) of the personalty must be exhibited: — vide sub- 
 par. 1. 
 
 5. Oath (exors) : — stating that (1) the will thereunto annexed is 
 tester's true and last will ; (2) he is exor thereof, and {S) will duly 
 administer, &c., (4) date of death, and (5) last fixed jjlace of abode, 
 (6) value of pslty.
 
 108 EXORSHIP (a. small) : — PROCEDURE. 
 
 6. Renunciation (the exor's), if any. 
 
 7, (a) Will (the original) and (b) codicil or codicils (if any). 
 
 1. Engrossment thereof on parchment, fac-simile, for probate. 
 
 2. Exhibits {marhing same as), signed by (a) each exor, and (b) the 
 cr before whom the affts are sworn. 
 
 7 — Grant {procediire on a p pin for a), after affts have been sworn. 
 
 1. (1) Lodgment (a) with the Dt Rgr, or (b) at the Ppal Ry (as case 
 may be), or (2) Transmission thereto (by registered post) of (a) 
 the documents specified in sub-par. 6 (1 to 7 incl), or (b) of 
 such of them as are aj^plicable to, or necessary in the particular 
 case. 
 
 2. ReceipA (a) to be given by a Bt Rgr to the extracting soli*, on deposit 
 of sd papers for grant of pbte : — vide " Receipts." 
 
 3. (1) Court fees, and (2) stamp duty (as per the official list) : — Pay, or 
 remit same, by cheque. 
 
 4. Bt (if) Rgr acts as solr's agent in the matter, immediately on receipt 
 of such official list, remit (1) amt, and (2) list, in order that latter 
 may be duly receipted by him. 
 
 5. " Probate " (or copy on parchment of the original will, &c.) is (1) 
 cei'tified under the " court seal," and (2) returned to the exor's 
 solr in due course. 
 
 6. Will (the original) is filed by the Registrar at Somerset House. 
 
 7. Receipt (a) for grant to be forthwith sent to Dt Rgr by the Extract- 
 ing Solr : — vide App. R. 
 
 8 — Probate (grant of) : — a copy thereof (to keep), to be made. 
 
 9 — (1) Personal estate a/c and (2) probate: — a copy, or print thereof, to 
 
 be (a) made, and (b) supplied to each (1) beneficiary, and (2) 
 
 exor, if required by them, for reference during the continuance of the 
 
 trust. 
 10 — (1) Production of prcjbate to and (2) registration thereof at bankers^ 
 
 &c : — vide pp. 26/7, par. 115, sub-pars. 1/2. 
 11 — Realisation or collection of all (1) chattels, (2) choses-in-action, (3) 
 
 goods, and (4) other outstanding estate : (Hayivard v. Kinsey, 12 
 
 M. & R. 573). 
 12. — Actions must, if necessary, for that purpose, be brought agst the 
 
 accountable parties or " withholders " of such chattels, &c. 
 13 — Bebts (payment of (1) all the deced's just), in due and legal order, 
 
 according to their respective priorities (videpar. 56, "Miscellaneous"), 
 
 (2) legacy duty, and (3) specific legacies (a year from date of death 
 
 being allowed therefor).
 
 EXORSHIP (a small) : PROCEDURE. 109 
 
 14 — " EeMduary ajc'' (No. 3), to be (1) passed by Crs, and (2) assessed 
 
 duty paid. 
 15 — " Residue " (if any), to he accounted for as follows, viz. ; — 
 
 1, Next-of-Tdn (to be divided amongst the), if there is no residuary 
 legatee, or 
 
 2. Residuary (such) legatee, if one is apptd by the will, will l^e 
 entitled thereto.
 
 APPENDIX F. 
 
 (Vide also App. M. F. for other " Miscellaneous Forms ") — 
 
 Forms ( (1) alphabetical, and (2) classified schedule of) appli- 
 cable to (a) Administrations and (b) Executorships, according* to 
 the circumstances of the case. 
 
 Schedule (alphabetical) thereof. 
 
 1 — Abstract (special) or epitome of the title of devisees in trust to accom- 
 pany " Instructions to Counsel," to (1) advise on title, and (2) 
 settle draft conditions of sale. 
 
 la — Assignment (an) of 2 lots of a testator's leaseholds by his exors. to 
 a purchaser thereof at a sale by public auction — vide Appendix M. F. 
 
 2 — Declarations {special forms of stattdory). 
 
 1. Creditor (by a) of an intestate, in proof of his debt. 
 
 2. Exor's statutory declon as to payment of testator's debts. 
 
 3. Insurance (in) cases, verifying assured's identitv (vide " Forms " 
 App. I.) 
 
 4. Legatee (by a residuary), in support of his claim under his late 
 uncle's will. 
 
 5. Marriage (verifying a). 
 
 3 — Disclaimer (deed of) of (1) an executorship or (2) trusteeship. 
 
 4 — Excessive (an) claim — memorandum of objection, endorsable thereon, 
 by the exor's solicitor. 
 
 5 — " Exhibits'' e\\(\.or&dih\e on (1) certificates of birth, death, or mar- 
 riage, (2) letters of admon, and (3) pbte (as to production of Nos. 2 
 and 3) — memdum as to i-ame. 
 
 ■6 — Instructions (specimen) to counsel in the following matters, viz. : 
 
 1. Conditions (to settle the) on a contemplated sale, &c. 
 
 2. Generally (to advise) and fully on the case submitted. 
 
 3. Release (to settle draft) by beneficiaries to exors on a final distri- 
 bution. 
 
 4. Title (to advise on exors') on a contemplated sale, &c. 
 
 N.B. — A sufficient space must be left on the right hand side of (1) 
 the brief, or (2) other paper whereon the sd instrons are written
 
 FORMS (schedule Of). Ill 
 
 for counsel's opinion opposite the different headings or questions 
 whereon same is required. 
 7 — Instructions to a surveyor, to enable him to prepare " plans " of the 
 various lots of (1) freeholds and (2) leaseholds intended to he offered 
 for sale bv public auction. 
 8 — Instructions required for "transfers'^ into the exor's names in the 
 following special cases : 
 
 1. London and North-Western (or other) Rway Stock, &c., standing 
 in testor's name. 
 
 2. Mersey Docks and Harbour Board Bonds. 
 9 — Licences (2) to assign leasehold property. 
 
 1. Agent (by the lessor's) to a deceased lessee's exors. 
 
 2. Trustees (by the) under a deceased lessor's will. 
 
 10 — Mortgage (precautions observable (1) prior to, and (2) on the execu- 
 tion of a) by exors, to enable them to pay testor's debts. Forms 
 recommended thereon. 
 
 11 — Mortgage (on exors' offering testor's leaseholds for), to enable them 
 to pay his debts. Questions to be (1) submitted by the intended 
 mortgagee's solr to, and (2) answered by the exor-mortgagors. 
 
 12 — Notices (five special miscellaneous) occasionally required during (1) 
 an admon or (2) exorship. 
 
 12a — Notices (for the ordinary) usually required during (1) an admon, 
 or (2) exorship : — Vide Appendix M. F. 
 
 126 — Release by beneficiaries to exors on a final distribution — vide 
 Appendix M. F. 
 
 13 — Sale (forms relating to a) of any part of the deced's estate. 
 
 1. Agreements for sale of an intestate's business. 
 
 2. Auctioneers sale a/c of (1) farm-stock, and (2) household furniture, 
 &c.— memorandum endorsable thereon. 
 
 3. Beneficiaries to exors — Authority to (1) repair, and (2) afterwards 
 offer testor's freeholds and leaseholds for sale by (a) private 
 treaty or (fe) public auction. 
 
 4. Purchaser' s notice (in local papers) on his purchase of an intestate 
 tradesman's business. 
 
 5. Vendor-admor's joint notice (with pchr) of the said sale. 
 
 14 — Transfer (four miscellaneous forms of) by (1) admors and (2) 
 exors. 
 
 1. Admor (transfer by the) on behalf of Her Majesty (in right of her 
 Duchy of Lancaster), of a mortgage of boro' rates. 
 
 2. Corporation debenture stock — transfer thereof.
 
 112 FOBMS. 
 
 3. Corporation Improvement rate — transfer thereof (by endorsement 
 on mortgage), by a deced mortgagee's exors. 
 
 4. Stock (Railway) — transfer thereof by exors. 
 
 1 — "Abstract " or epitome of title of the devisees in trust of A.B. (testator) 
 
 to a freehold messuage and premises called (name) situate in, &c. — In 
 submitting (1) draft conditions of sale, &c., for settlement by col, 
 and (2) instructions to him to advise on title, on a contemplated sale 
 by public auction, it will, in many cases, be found quite sufficient to 
 send therewith an epitome in the following form, which, from its 
 extreme brevity, may, like " a review of a review," be truly designated 
 " 0)1 abstract of an abstract.'" 
 
 N.B. — Dates insertable in outer column, when necessary, of sub- 
 pars. 1 to 14 incl of par. 1. 
 
 1. By his ivill of this date A. B. made certain devises, &e., of his 
 real estate, which, however, did not affect the said premises, and 
 on the 
 
 2. Made a codicil thereto, whereby he devised all his realty to C. D. 
 his hrs and assns. 
 
 3. Testator purchased the sd premises from E. F., and afterwards 
 on the 
 
 4. Made another codicil, &c., whereby he devised all his real estate 
 to the sd devisees. 
 
 5. Testator died on or about this date, and the said 
 
 6. (1) Will and (2) codicils were duly proved in (registry) by 
 (names), power, &c., being reserved to (name) to prove thereafter. 
 
 7. Premises (the sd) were purchased by (name) for =£ . 
 
 8. Latter executed his will, (1) devising his realty, upon certain 
 trusts for sale therein particularly mentioned, and (2) apptd his 
 wife and {names) extrix and exors thereof, and on the 
 
 9. Testator (name) died, and his said 
 
 10. Will was, on this date, duly proved by the sd extrix and exors. 
 
 11. H. S. (exor) died. 
 
 12. M. S. (executrix) also died. 
 
 13. Conveyance of the sd premises to testator by the surviving exors. 
 
 14. Under the conditions of sale thereat, the title thereto commenced 
 with (specify nattire of instrument), but the abstract supplied to 
 the pchr's solr set forth A. B.'s (1) will and (2) codicils. 
 
 Qy. — It is presumed it will be (a) unnecessary to repeat the latter
 
 FORMS. Iil8 
 
 in the abstract to he supplied to a pchr on a contemplated sale 
 by the sd devisees, hit (2) absolutely necessary to set forth one of 
 the sd H. S. 
 2 — Declarations (xtatiitdri/) in proof or support of the following matters: 
 
 1 — Creditor (by a) of an intestate in }yr oof of his debt. 
 
 In the estate of A. B., formerly of (address and description) deced. 
 I, C. D., of, itc, do solemnly and sincerely declare : 
 
 (1) That the said deced was, at the date of his death, justly and truly 
 indebted to me in the sum of pounds shillings and pence, 
 for goods sold and delivered (or as the case may be), the detailed parti- 
 ciilars of which (marked with the letter "A." and signed by me) are 
 hereunto annexed, for which sd sum, or any part thereof, I say that I have 
 not, nor hath any person by my order, or to my knowledge or belief, for 
 my use had or received any manner of satisfaction or security whatsoever. 
 
 (2) And I make this solemn declon conscientiously believing the same 
 to be true and by virtue of the provisions of the " Statutory Declarations 
 Act, 1835." 
 
 Declared by the sd C. D. at &c., before me (1) a commr, &c., or (2) 
 a justice of the peace acting in and for the county boro' of afsd. 
 2 — Debts {payment of) : — exor's statutory declon as to same. 
 
 1. That my late father C. D., late of, &c., and of the firm of Messrs. 
 &c., of &c., (1) duly made andexecuted his last will in writuig, dated, 
 <fcc., and (2) thereof appointed (names) and me this declarant 
 exors, and (3) thereby directed that all his debts, funeral, and 
 testamentary expenses should be paid and satisfied. 
 
 2. That the sd tester died on the (date) without having altered or 
 revoked his sd will, which was on the (date) following duly proved 
 and registered by the said (names) and me in the Dt Ry attached 
 to the P. D. of H. M.'s H. C. of J. at afsd, E. F. (formerly 
 
 , spinster), wife of , having duly renounced the pbte and 
 
 axon of the sd wl. 
 
 3. That, pursuant to an Act of Parliament, 22 & 23 Vict. c. 35, 
 intituled " An Act to further amend the law of property, and to 
 relieve trustees," notice was, in due course, duly advertised and 
 given in the following papers, viz. (papers) " that all creditors, 
 &c. (vide statutory notice to crs herein, "Miscellaneous Forms"). 
 
 4. That the debts, claims, and demands delivei'ed pursuant to such 
 notice have been duly paid and satisfied, and, to the best of my 
 knowledge, information, and belief, all the tester's debts have 
 
 I
 
 114 FORMS. 
 
 been paid (except the undelivered claims of the sd of and 
 
 incidental to (a) the preparation and completion and {b) pbte of 
 the testor's will, and (c) the management and realisation of the 
 latter's estate). 
 5. And I make this solemn declon, &c. 
 3 — Insurance (Life) Claims Procedure — vide Appendix I. for the neces- 
 sary forms herein. 
 
 4 — Legatee (by a residuary), in support of his claim uiider his late uncle's 
 will. 
 
 1. That I am a nephew of C. D., formerly of, &c., deced, whose will is 
 (1) dated (date) and (2) was proved by (names) the exors, therein 
 
 named in the Dt Ry attached to the P. D. of H.M.'s H. C. of 
 
 J. on (date) last. 
 
 2. TJiut I have looked upon the paper writing (marked with the letter 
 " A ") now (1) produced and shown to me, and (2) purporting to be 
 a true extract from the register book of marriages belonging to the 
 parish of , so far as relates to the marriage on the (date) of 
 E. F., a bachelor (or as the case may be), and G. H. (therein 
 erroneously called ), a spinster, and that the parties therein 
 stated to have been married were my father and mother respectively. 
 
 3. That my mother (the sd G. H.) was a sister to the sd testator. 
 
 4. That there was issue of the sd marriage 2 children and no more, 
 namely (full names, address, and occup>atio7i of declarant's brother) 
 and me this declarant. 
 
 5. That I have looked upon the paper writing (marked with the letter 
 " B ") now also produced and shown to me, and (2) purporting to 
 be a true extract from the register book of baj^tisms solemnised in 
 the parish of in the year 18 , and that the child therein 
 called (name) is my sd brother (name) mentioned in the 4th par. 
 hereof. 
 
 N.B. 6. If the declarant has other brothers and sisters, add the following 
 par. — " That I have looked upon the (710.) several paper writings 
 (marked with the letters ' ' respectively) now also (1) 
 
 produced and shown to me, and (2) purporting to be true extracts 
 from the several register-books of baptisms solemnised in the several 
 parishes of (names) in the years respectively, and that the 
 children therein called (names) are my sd brothers and sisters 
 (names) mentioned in the 4th par. hereof. 
 
 7. That, &c. (copy par. 5 down to " John " (name) is me, this 
 declarant.
 
 FORMS. 115 
 
 ■i. And T make this solemn declon, &c. 
 
 -Marriage (verifying a). 
 
 1. That I was married (by licence^ to A. B., of, &c., at , in tlie 
 district of afsd, on (date), by the Reverend C. D. (M.A.), the 
 vicar of the sd church. 
 
 2. That the certificate of registry of marriage now produced and 
 shown to me (marked with the letter " A ") refers to my sd marriage. 
 And I make this solemn declaration, &c. 
 
 (3) Disclaimer (Deed of) of (1) an Executorsliij) and (2) Trusteeship. — 
 
 Know all men by these ^^resents that we (1) A. B. of, &c., and (2) 
 C. D., of, &c., hereby disclaim and renounce (a) the offices of exors 
 and trustees of the will of E. F., late of, &c. (who died on (date), 
 and (ft) all estates and (c) powers thereby expressed to be (1) given 
 to or (2) vested in us or either of us. In witness whereof we have 
 hereunder set our respective hands and seals this (date). Signa- 
 tures, seals, and attn clause follow. 
 
 (4) " Excessive hills " (received by the exors, in pursuance of their statu- 
 tory notice to crs, during the course of their management of the 
 estate), for anything done in the way of repairs, &c, (not contracted 
 or " estimated " for) to testor's property, or otherwise. 
 
 1. Notice (exors special) to the cr (through their solr) should he forthwith 
 
 given as follows: — "that they (1) decline to pay his a/c for <£ , 
 
 for work done, <fec,, on the ground that it is excessive, and (2) will 
 defend any proceedings that may be taken by him to enforce recovery 
 thereof." 
 
 2. Notice (prudence and safety of such). — In order to avoid the danger 
 of any imputation of " acquiescence " in such exorbitant claim, by 
 reason of the exors laches, or failure to attack its accuracy within a 
 reasonable time after x'eceipt thereof by them. 
 
 (4a) Excessive (memorandum of ohjection, endorsahle by the exors' solr on 
 
 an) claim. 
 
 " We, the undersigned, exoi's of the late Mr. A. B., hereby admit that 
 the within a/c has been (1) submitted to us by our solrs (Messrs. C. and 
 D.), and (2) we, considering it outrageously excessive, decline to pay it, 
 and (3) shall defend, in due course, any proceedings taken by Mr. E. F. 
 to enforce payment thereof. 
 
 (1) Dated, (2) signed by the exors, and (3) duly attested. 
 
 (5) ^'■Exhibits'" (memorandum as to) to be endorsed on the following docii. 
 
 ments, &'c. 
 
 ■ I 2
 
 116 FORMS. 
 
 1. Certificates of (1) birth, (2) death, or (3) marriage, referred to in 
 Statutory Declarations. — " This is the exhibit marked ' A ' (or as 
 the case may he) referred to in the statutory declaration of C. D., 
 subscribed and declared before me this (date), either (1) a justice of 
 
 the peace acting in and for the county borough of , in the 
 
 county of , or (2) a commissioner, &c. 
 
 2. (a) Letters of admon and (b) phte — as to production thereof. 
 
 1. Exhibited at the Bank this (date). 
 
 2. Produced at the Banking Co. Limited this (date). 
 
 3. Produced at the office of A. B., secretary of the Railway 
 
 Co., London, this (date). 
 
 N.B. Siynatories to the sd endorsement (1) the bank manager, 
 
 or (2) other duly authorized official, and (3) sd company's (a) 
 registrar or (h) secretary. 
 6 — Instructions (specimen) to counsel. 
 
 1. Conditions (draft) of sale — to (1) advise on title, and (2) settle 
 Condons on a contemplated sale, by jiublic auction, of a testor's 
 freeholds. An " abstract" or epitome of title of the devisees in trust 
 must accompany sd instrons — vide par 1. 
 
 2. Release by beneficiaries to exors on a final distribution, &c. to (1) 
 advise generally and fully on the case submitted, and (2) settle 
 draft proposed re ease — vide par. 7. 
 
 1 — Instructions to Counsel to settle proposed " Release " of Trtistees by 
 
 Beneficiaries on the final division of an estate. 
 
 1. Be Mrs. A. B. deced—Expte (1) Bfs. and (2) Trustees under her 
 •yvl. 
 
 The following documents are left herewith, viz. : — 
 
 1. List (a), containing the names of the Bfs entitled to the estate 
 after the deaths of the (1) brother and (2) two sisters of the 
 testatrix, who (a) were tenants for life under the sd wl, and (b) 
 died on the respective dates mentioned on the 2nd sheet of such 
 list. 
 
 2. Probate (a copy of the) of the sd wl. 
 
 2. Surviving (the) Exors' names, &c. (to be stated). 
 
 3. Division of the estate into (1) 7 shares, and (2) 1 share divisible 
 amongst the parties therein mentioned. 
 
 4. Trust for sale, &c. (vide pp. 1 and 2 of sd copjy) — on reference 
 thereto, Counsel will observe that the Trustees can now (1) sell the 
 estate, and (2) divide the moneys arising from (a) such sale and
 
 FORMS. 117 
 
 (6) conversion of lier realty, and (c) collection of her pslty into 
 7 shares. 
 
 5. Share {as to the) to the late M. H.'s children — 
 
 1. Col will observe that the trustees are directed to pay one-seventh, 
 &c., to M. H. (sister of testatrix) if (1) she should be living at 
 latter's decease, and (2) if then clead, to pay the same to and 
 amongst such child or chn of the sd M. H. as should be living 
 at the decease of the Tx in equal shares. 
 
 2. M. H. left a son, tvho(a) died in Australia many years ago, (b) 
 leaving issue, siqjposed to be living. 
 
 Qn — 3. Col will please advise what course of action slid be adopted 
 by the Trees with reference to this share. 
 
 6. Mrs. H. L.'s family — 
 
 1. Another share is directed to be pd to and amongst such child 
 or chn of her sister H. L. as shd sm-vive Tx, and (2) be hving at 
 H. L.'s decease. 
 
 2. J. L. (a son) died in 1891, and T. L. (another son) died in 1891, 
 leaving (a) a widow and (b) chn him surviving. 
 
 Mrs. L. died on (date). 
 
 7. Direction as to lapsed legacies. 
 
 1. Tester dix-ected that if any of the sd shares shd (1) lapse, or 
 (2) not become payable as thrin mentd (a) same, and (&) all 
 accumulations thereto shd accrue and be payable unto and 
 amongst the other ps beneficially interested in the other shares, 
 and in such mauner and form as is directed of and concerning 
 their original shares. 
 
 Qn. — 2. Having regard to this provisioyi, it is jn-esumed that the (a) 
 ividoio and (b) children of the late Mr. T. L. ivill be disentitled. 
 
 8. Duties (Inland Revenue) payable by, or on behalf of the Bfs. 
 
 Date. — On this date a Residuary a/c (Abstract annexed) of the 
 pslty was (1) delivered and (2) £ for duty after the rate of 
 £ p. c. upon <£ (the sd residue and moneys which they 
 the Trees intended to retain to, or for the use of (1) the sd 
 (life-tenants) , and (2) on their death in the shares before mentd. 
 
 9. Succession (the necessary) duty payable in respect of the respive 
 shai-es of the sd (life-tenants) of and in (1) the rents and profits of 
 a freehold cottage and garden in, &c. and (2) a ground rent of £ 
 arising from certain cottes in for the residue of a term of 
 yrs, were duly j^d, as appears by the comptrolled a/cs in the Trees* 
 possession.
 
 118 FORMS. 
 
 Qn. — What other duties (if any) will he required to he pd on the dis- 
 trihution of the proceeds of sale of the sd freeholds amongst the Bfs ? 
 10. Evidence of relationship of the Bfs to the testatrix. 
 
 1. All the Bfs are well known to the trustees, and, under these 
 ch'cnmstances, 
 
 2. It is presumed that no formal evidence will he required to be 
 adduced in support of (1) their relationship, and (2) claims to a 
 share under the said wl. 
 
 Qn. — 11. Special (as to any) conditions required, on the Trees intended 
 sale of the sd ppty (the dealings wherewith appear from the accom- 
 panying Epitome of Title), and 
 Qn. — 12. Generally a7id fully on the Case. 
 8 — Instructions required for Transfers into Escors' names in the following 
 
 special cases : — 
 
 1. London and North-Western Railway Stock, &c., standing in tester* s 
 name. — On receipt of grant (duly recorded in respect of latter), 
 from Co.'s Eegr or Secretary, send to Secty the exors full (1) names, 
 (2) addresses, and (3) descriptions, together with (4) the registra- 
 tion fee, 2/6 (by (a) postal order or (h) in stamps), and (5) any 
 unpaid dividend warrants, for alteration, hefore presentation to Bankers, 
 otherwise payment thereof may he refused, 
 
 2. Mersey Docks and Harbour Board Bonds. 
 
 1. Documents transmittahle — (1) Leave at, or (2) send, by registered 
 post, the (a) bond, or bonds and (b) pbte to the Solrs Depi thereof, 
 Liverpool, to be endorsed with the following 
 
 2. Memorandum of registration. — " Probate of the will of the 
 within named A. B., granted (date) to (Exors names, &c.) the 
 Exors. Regtd at the Dock Office, Liverpool (date). Dock Solr's 
 signature. 
 
 3. Receipt for sd documetds. — The following documents were left 
 with the Solr for registration &c. on (date) by A. B. (1) Bond 
 No. , and (2) pbte of the will of A. B. deced. 
 
 3. Undertakings (all other) tvherein the testor was a shareholder, either 
 as (1) a sole proprietor, (2) admor, (3) exor, or (4) jointly with 
 others — inform the Registrar thereof, so that the necessary altera- 
 tions may be made in their books. 
 
 9 — Licences (2) to assign Leasehold j^ropei'ty. 
 
 1. Lessor's (h)/ the) Agent to a deceased Lessee's Executors. 
 
 Know all men by these presents that I, A. B., of, &c., the agent in this
 
 FORMS. 119 
 
 behalf duly and specially authorised of the Rt. Honhle. (Christian 
 names) Earl of do hereby give and grant unto (names), Exors of 
 
 the late C. D., licence and consent to assign and transfer (by way of 
 sale) all his estate, term, and interest of, in, and to All that piece of land, 
 with the dwghse erected thron, situate and being on the side of 
 
 and side of in and contg in the whole sup 
 
 sq yds with the appurts, being the premises comprised in and demised by 
 a certain Indre of Lease bearing date on or about (date) (as appears by 
 the Register at No. ), and made betn the late of the 
 
 one pt and the sd of the other pt U7ito of, &c., his exs 
 
 and ads, subject nevless to (1) the payment of the rent, and (2) observ- 
 ance and (3) performance of the agrts, conditions, covts, and provisoes 
 in the said Lease reserved and contd, and on the pt of the Lessee (his 
 exs, ads, or assns) of the same premises to be pd, obsd, and perfd, 
 including particularly the covt restricting (a) assnt and (b) underletting 
 and (c) the provn for re-entry on breach throf contd in such Lease, 
 which covt and provn are to be and remain binding on the sd , 
 
 his exs and ads in like manner as the same were by such Lease made 
 binding on the sd , his exs and ads. As witness my hand this 
 
 (date). 
 
 2. Lessor's (by the Trustees under a deceased) Will. 
 
 Register No. . Licence No. . Examined by . Dated. 
 
 Memorandum that we, A. B., and C. D., as Trustees for the time 
 being acting in exon of the trusts of the will of E. F., late of, &c., 
 Esquire, deced, being the owners in reversion expectant on the determi- 
 nation of the term granted by the hrinafter mentd Indre of Lease of 
 the premises comprised therein, do hereby give and grant our licence and 
 consent in writing to ( (a) names and (b) addresses of assignor-licensees) 
 to assign by way of (1) absolute assnt, or (2) mtge (as the case may be) 
 Unto (assignees' full names, addresses, and descriptions) for the residue of 
 the term granted by the sd Lease All that plot of land with the 
 thron, situate on the side of in afsd, contg sup sq yds or 
 thrabts being (the part delineated in the plaii endorsed on ). 
 
 N.B. — Part in brackets will only be required if the licence is required 
 in respect of any sub-divided portion of the plot comprised in the Lease, 
 in tvhich case a plan (giving (1) particulars of such division, tvith (2) the 
 dimensions), must be endorsed hereon, unless one has been endorsed on 
 some licence previously obtained in respect of the ppty now intended 
 to be assigned ; the blank after " endorsed on " must be filled up by the 
 words (1) " this licence " or (2) " a licence dated (date)," (as the case may
 
 120 FOEMS. 
 
 he) ( of) the premises comprised in and demised by a certain Indre 
 of Lease from to bearing date, subject, &c. (Copy from No. 1 
 down to, but excluding " which covt ") 
 
 Witness to the signatures of the sd (1) A. B. and (2) C. D. — Separate 
 attns, if required. 
 
 Plan of land referred to in this Licence. — The part assigned is sur- 
 rounded by lines coloured pink. 
 
 10 — " Mortgage " (2jrecautions observable (a) j^^'^^'^ ^o, and (b) on the 
 execution of a) by exors, to enable them to jjay the testor's debts. 
 
 1. Questions answerable by exor-mtgors — Fi'cZe Form 11. 
 
 2. (1) Schedule (^mortgagees' signed) of and (2) Receipt for title-deeds 
 relating to leaseholds mortgaged as afsd. 
 
 Heading as in sub-par. 2. Messrs. A. and B. (Exors under the will 
 of Mr. C. D., late of &c., deceased) to Mr. E. F., of, &c. 
 A Schedule of the several deeds and writings this day delivered to the 
 sd E. F. upon the execution of a mortgage of certain leasehold 
 messuages and premises situate in for securing the repayment 
 
 by the sd Exors of the sum of ^6 , and interest at £ p. c. p. a. 
 unto the sd E. F., his exors, admors, or assigns. 
 Schedule before referred to. 
 
 1. Four columns, containing the following, viz. : — (1) No., (2) Date, 
 (3) Parties names (as endorsed on the deed for (a) brevity's 
 sake, and (b) identification), and (4) Nature of the instrument, 
 &c. 
 
 2. I, the undersigned, hereby (1) acknowledge that the above 
 several scheduled deeds and documents were this day received by 
 me, and (2) undertake to keep them with the same degree of care 
 with which I keep my own deeds and writings, or other valuable 
 effects, and (3) upon payment of the principal and interest, 
 according to the purport, true intent and meaning of the sd mtge, 
 1 agree to restore and deliver them undefaced or uninjured 
 (damage or loss by fire or other inevitable accident only excepted) . 
 As witness my hand this (date)— (Mortgagee's signature). — 
 Witness. 
 
 11 — Mortgage (on exors" offering testator's leaseholds f or), to enable them to 
 
 jiaij Jiis ill his. 
 
 Questions to be (a) submitted by the intended mortgagee's solicitor to, and 
 (b) answered by the exor-mortgagors. 
 
 1. Exors requiring the advance — their full (1) names, (2) addresses, 
 and (3) descriptions.
 
 FORMS. 121 
 
 2. (1) Amount required to be advanced, (2) rate of int, and (3) term 
 for which loan is required. 
 
 3. Freehold (is tlie property) ? 
 
 4. (1) Insurance (amounts of), and (2) renewal premium thereon: — 
 is the latter paid by the landlord ? 
 
 5. Leasehold (if), (1) state the number of years unexpired; (2) if an 
 assignment of, or (3) original, or (4) underlease. 
 
 6. Lessor ((1) name, (2) address, and (3) description of) to whom (a)- 
 chief or (b) ground rent is payable. 
 
 7. Mines and minerals — are same, with power of working same, 
 reserved ? 
 
 Ta. Mines and minerals reserved— 1.& compensation payable to owner of 
 sd pty for damage, if any, to the surface of sd land by reason of 
 mining operations ?. . 
 
 8. (1) Rates and (2) taxes — («) amts thereof separately ; (&) are the 
 taxes paid by the landlord ? 
 
 9. Rent ((1) chief or {2) yround), per annum — (a) amt thereof , and (&) 
 dates of payment. 
 
 10. Rentals of tenanted property — State (a) same and (fc) tenant's 
 names. 
 
 11. Rentals (fair) of untenanted property to be stated. 
 
 12. (1) Situation of, and (2) the nearest way to the property to be 
 stated. 
 
 13. Tenure of the property to be stated — whether (1) freehold or (2) 
 leasehold. 
 
 N.B. — 14. Special (any other) questions to be added, necessary and 
 applicable to the exceptional circumstances (if any) connected with 
 the required loan. 
 12 — Notices (6 special miscellaneous) occasionally required during (a) an 
 
 admon or (b) exorship. 
 
 1. Assignment (p.w) of 3/'16th (or other) shai-es in a testor's residuary 
 pslty — notice thereof to the trustees of his will. 
 
 To (1) Messrs. (f\ill names, addresses, and descriptions) trustees 
 andexors of the last will and testament of A. B., late of, &c., deed, (2) 
 C. D. their solr, and (3) all other persons whom it may concern. I, 
 E. F., of &c., as admor of the personal este and effects of G. H. (my late 
 mother), late of afsd, deed, hereby (1) give you notice 
 
 that I have by indre, dated, &c., assigned unto (names, &c.) three parts 
 or shares of and in the rsdy pslty of the said deced (to which my (a)
 
 122 FOEMS. 
 
 brother (name) and (b) my sisters (names) are entitled on their resply 
 attg the age of 21 years) Upon trust for them, and (2) request, empower 
 and authorise you to henceforth pay to the sd {assignees), or their 
 nominee, the proportion due and payable to my sd brother and sisters of 
 the annual income produced by, and arising from, such rsdy pslty, 
 whether in respect of the shares of (a) the said G. H., or (&) my aunt 
 (name). This shall be your sufficient authority and indemnity for so 
 doing. 
 
 2. Assignment (an) by a residuary legatee of the equity of redemp- 
 tion of and in an 8th (or other) share in (1) realty, and (2) pslty 
 — notice thereof to trustees of will. 
 
 To Messrs., &c.. (1) trustees, <tc.), (2) names, (prior mortgagees) and 
 (3) and all other persons whom it mav concern. I, the undersigned 
 A. B., &c., do hereby give you, and each of you, notice that by an indre, 
 bearing date the day of instant, and made betn myself of 
 
 the one part, and C. D. of &c., of the other pt, for the valuable conson 
 therein mentd. All that one equal undivided 8th pt or share and all 
 and singular other (if any) the pt, or share or pts or shares and portion 
 estate and interest, whether present or future, vested or contingent, of 
 me of and in the following estates of the sd testatrix resply, (1) the real 
 estate and residuary moneys and personal estate devised and bequeathed 
 in and by her last will and testament, and (2) all and singular the 
 moneys which by her said will are directed to be invested in such stocks, 
 funds, and securities whereupon the same or any pt thereof («) have or 
 hath been abeady or (6) may hereafter be invested and (3) the rents, 
 issues, and profits, interest, dividends, and annual proceeds of the said 
 realty and j^slty, and (4) the moneys to arise from the sale or sales of 
 such realty and (5) all other the premises devised and beqd by the said 
 will to, or in trust for me, and (6) all other the estate and effects, moneys 
 and premises, late of, or belonging to the said testatrix, and (7) all my 
 estate, right, title, interest, claim, and demand whatsoever, both at law 
 and in equity, in and to the same part, share, moneys, and premises, 
 were granted and assigned by me to the sd C. D., his hrs, exs, ads, 
 and assns absolutely, subject to the payment of certain ppal moneys 
 and interest as in the said indre is particularly mentioned. (1) Dated, 
 (2) signed by assignor, and (3) witnessed. 
 
 3. House (testor's) — notice of exors' intention to give up possession 
 thereof. 
 
 As exors under the last will and testament of A. B., late of (address 
 and description) deced, we hereby give you notice that we shall, on the
 
 FORMS, 123 
 
 day of next, or otherwise on the day on which the 
 
 current (quarter) of the tenancy will expire next after the end of one 
 quarter of a year from the time of your being served with this notice, 
 quit and deliver up the possession of the messuage and premises formerly 
 occupied by the testator, as your (quarterly) tenant, numbered in 
 street afsd and which we, as such exors as afsd, now hold of you. 
 Kindly acknowledge receipt of this notice, (1) Eocors signatures, or (2) 
 signe of one exor "for self and co-exors." 
 
 4. Bent — Solr's notice to a mortgagor's tenants to pay rent to agents 
 for a deced mortgagee's exors. 
 
 To A. B., the tenant or occupier of a messe or dwghse and premises 
 situate in, and No. street, &c. (specify town and county) — Take 
 
 notice (1) that by indre made the day of , 1891, between 
 
 C. D. of, &c., of the one pt and E. F. of, Ac, of the other pt. The sd 
 messe or dwghse and premises situate in and No. afsd and now in 
 your posson was (with other heredits and premises), granted, or other- 
 wise assured, to the sd E. F., liis exors, ads, and assns, for the residue 
 of a term of 999 yrs (except the last day thereof) by way of mtge for 
 securing £ and int as therein mentd. And (2) that under the sd 
 
 indre the sd ppal sum of £ and int thereon is in arrear and still due 
 and owing. And (3) you are therefore required to pay to Mr. G. H. of, 
 &c., the agent apptdby the exors of the sd E. F. deced, all the rent now 
 due and hereafter to accrue due in respect of the sd messe or dwghse 
 and premises And (4) on no account after the date hereof to pay any 
 such rent to (a) the sd C. D. or his agent or agents or (b) to any other 
 person or persons other than the sd G. H. As witness my hand this 
 (date) L. M. (address) solr for the exors of the late E. F. 
 
 5. Bents (half-yearly) of tester's ppty^Exor's solr's notice to tenants to 
 pay sd rents to him, pending a sale. 
 
 (a) Be A. B. deced — As solr for and on behalf of Messrs. C. & D. 
 (addresses and descriptions), the exors under the last will of the 
 sd deced, I beg to inform you that the half-yearly (or as the case 
 may be), rent payable in respect of the messuage occupied by you 
 must (until further notice), be paid, when due, at my office, as 
 above. 
 
 (b) Memdum of service endorsable upon duplicate notice by clerk — 
 Date. Delivered a true copy of the within notice to each of the 
 under-mentioned tenants by leaving same at their respective 
 residences on this date. Specify tenants' names. Clerk's signa- 
 ture.
 
 124 FOBMS. 
 
 6. Withdrcnval of testurs' investments in a municipal corporation — 
 
 Notice to town clerk as to same — 
 
 Re A. B. dececl — As solrs for and on behalf of the exors under the 
 last will of the deced we (1) beg to inform you that the division 
 of the residuary estate amongst the beneficiaries will take place 
 at our office on afternoon, the proxo, at 3 o'clock, and 
 
 (2) hereby give you notice that the sd exors will require payment 
 before that date of the several sums of (a) £ secured by a 
 certificate, dated , No. , on your corporation deben- 
 
 ture stock, and (b) £ secured by a transfer of mtge, dated 
 by (transferor). We shall be glad to know, at your early 
 convenience, if the total amt (=£ ) togr with int to date, can be 
 paid within the time limited, to enable us to avoid an adjourn- 
 ment of the proposed meeting. 
 13 — Sale (forms relating to a) of a paii of the deceased's estate. 
 
 1. Agreement for sale of an intestate's business: vide Appendix ^L. F. 
 
 2. Auctioneer's (memdum endorsable on an) sale a/c of (1) farm stock 
 and (2) household furniture, &c. — " We, the undersigned, hereby 
 (1) jointly and (2) severally admit that we are satisfied with the 
 correctness of the above (or within) a/c, the same having been (a) 
 read over, and (h) carefully explained to us by (solr's name) 
 before the signing hei'eof — (1) Beneficiaries' signatures, and (2) 
 attn thereof follow. 
 
 3. Beneficiaries to Exors. — - Authority to (a) repair, and (h) after- 
 wards offer testor's freeholds and leaseholds for sale by (1) private 
 treaty or (2) public auction." 
 
 1. Be A. B. deced. — To Messrs. (names) exors under his wl. — We, 
 the undersigned (full names, &c., of bfs) hereby jointly and 
 severally request, authorise, and empower you to (1) forthwith 
 put the testor's (a) freehold and (h) leasehold pjjties in a good 
 state of repair, and (2) immediately thereafter advertise the same 
 for sale by (a) private treaty, or (b) public auction, and, (3) as 
 soon as practicable after completion of the sales thereof, to (a) 
 divide the proceeds amongst us, according to the trusts of his 
 wl, and (h) finally wind up the trust. 
 
 2. This shall be your sufficient authority and indemnity for the 
 sd acts. 
 
 3. Beneficiaries (the respective) (1) marks and (2) signatures follow. 
 
 4. Attestation (special form of) — Witnesses to the bfs, (1) marks and 
 (2) signatures, this authority having ]>een 1st (a) read over and
 
 FORMS. 125 
 
 (b) explained to them, when they severally declared that they 
 fully understood the contents thereof. 
 N.B. — The sd form of attn is required where the hfs cannot write. 
 
 4. Purchaser's notice (for insertion in the local papers), on his purchase 
 of an intestate tradesman's business. — C. D. respectfully begs to 
 announce to the public of {town) and the surrounding district 
 that he has pxirchased the business of a {description), formerly 
 carried on by the late Mr. A.B. at {address), and sincerely hopes that, 
 by (1) strict attention to business, (2) reasonable charges, and (3) 
 dealing in the best articles and drugs procurable, he may merit a 
 share of the support formerly so generously accorded to his 
 predecessor. 
 
 4fl. Vendor-admor' s joint notice of the sd sale. — The admor of the 
 said deced also respectfully begs to (1) inform the said public 
 that he has disposed of the said business as afsd, and to (2) 
 tender his best thanks for the very generous patronage accorded 
 to the deced during the period he carried on such business, and 
 sincerely trusts that the same patronage may be extended to the 
 sd pchr, whose lengthy and varied experience in every branch 
 thereof will enable him to efficiently carry out all orders entrusted 
 to him. 
 14 — Transfer (4 miscellaneous forms of) by (1) admors and (2) exors. 
 
 1. Transfer {by the admor on behalf of H. M. in right of her Buchy 
 of Lancaster) of a mortgage of boro' rates. — I, A. B., of the Duchy of 
 Lancaster Office, London, Esq., the admor of C. D., late of, &c., 
 deced, in conson of the sum of <£ , pd to me by E. F., 
 
 of, &c., do hereby transfer to the said E. F., his exs, ads, and 
 assns (1) a certain mtge bearing date {dale) and made by the 
 local board of health for the dt of , for securing the sum 
 
 of £, , and int at £, p.c, p. a., and (2) all my estate, right, 
 and int in and to (a) the money thereby secured, and (6) rates 
 thereby assigned. In witness whereof I have hereunto set my hand 
 and seal this {date). 
 
 2 Transfer of Corporation Bebenture Stock {stp. 2/1 p. c. on its 
 nominal amt). — I {or we) of {addition or description, as stated in 
 " stock certificate ") in conson of the sum of £, , pd 
 
 by , of, &c., (hereinafter called "the said transferee") do 
 
 hereby bargain, sell, assign, and transfer to the said trfe (1) =£ 
 of the {town) C. D. S. issued by the mayor, aldermen, and bur- 
 gesses of the borough of , in the co. of , pursuant
 
 126 POBMS. 
 
 to the Improvement Act, 1874 (and 1880) the oerte of such stock 
 being Nod. and dated (date), and (2) all my int. now due in 
 respect thereof. To hold unto the said trfe, his exs, ads, and 
 assigns, subject to the several conditions on which I (or we) held 
 the same immediately before the exon hereof. And I (or we) the sd 
 trfe (or trfes) do hereby agree to accept and take the sd stock (and 
 int) subject to the condons afsd. As witness our hands and seals 
 the (date). (1) Seals, (2) signatures, and (3) attestations. 
 
 3. Transfer by a deced mtgeee^s exors (hy indorsement on mtge) of Corpo- 
 ration Improvement Rate. — (Toivn) Improvement Acts (1871 (5 & 6). 
 Whereas the within named A. B. died on (date), having duly made 
 her will dated (dated), and thereof appointed (names) exoifs, who (1) 
 duly proved and registered the same on the (date) last, in the Dt Ry 
 attached to the P. D. of H. M.'s H. C. of J. at , and (2) as 
 such exors have agreed to sell to CD., of, &c. (hereinafter called 
 the transferee) the within mtge at the price of £, . Noiv these 
 presents witness that in conson of <£ pd to us by the trfe, we 
 as the personal repres of the sd testatrix hereby transfer unto the 
 trfe, his exs, ads, and assns (1) the j^pal sum of <£ 
 secured by the before (or within) written mtge No, of the 
 corporate estates and borough fund, together with the proceeds of 
 the improvement rate of the boro' of for £. and int 
 at. the yearly rate of <£, in the ^£100 granted on (date) by the 
 mayor, aldermen, and burgesses of the said boro', and (2) all our 
 right and int in and under the same mtge as such personal 
 repres as afd. 
 
 4. Transfer of Railway Stock hy Exors. — No. . We, A. B., of, &c., 
 and C. D., of, &c.. in conson of £, pd to us by E. F., of the 
 Stock Exchange (hereinafter, &c., vide No. 2 (state nature of stock) 
 of and in tbe undertaking called the (name) Rway Co. To Jiold, 
 &c. (vide No. 2).
 
 APPENDIX F 1. 
 
 Frauds (a scheme (based on the " Hastings Case ") for the pre- 
 vention of) ^y (1) administrators, (2) executors, and (3) trustees 
 respectively, ivherein (a) the advantages and (b) objects of the " RepoHs'" 
 mentioned in Schedule R. 1 hereof are set forth, and (c) an explanation 
 is contained of the novel system under lohich, for the protection of all 
 parties concerned, its adoption is advocated. 
 
 Contents (alphabetically arranged Table of). 
 
 C — Cases (3 very important) hearing upon the question of "fraudulent 
 trusteeship) " — epitomes thereof. 
 
 1. Cottam V. The Eastern Counties Railway Co. 
 
 2. Judge V. Tisdall. 
 
 3. Regina v. Hastings, wherein the following are set forth : — 
 1 — Facts (the leading) : — a summarj thereof. 
 
 2 — Features (a classified summary of the main) connected therewith, 
 embodying therein the various (1) posts of authority and honour 
 formerly occupied by the prisoner, and (2) divers means whereby 
 his former apparent (a) probity and {h) reputation, &c., enabled 
 him to carry out his system of robbery with impunity, for a number 
 of years — Observations thereon. 
 D — Documents (requisites of the following) , viz : — 
 
 1. Balance- Sheet (a strict), to be sent to each beneficiary, for (a) 
 perusal, and (b) approval, before a final distribution. 
 
 2. Cash (a strict) Account under the proposed system. 
 
 3. Report (a detailed) as to the exors' (1) management, (2) realisation, 
 and (3) proposed final distribution of the residuary estate, render- 
 able to each of the beneficiaries a reasonable time before the latter. 
 
 — " Observations " (general) upon the proposed scheme : — vide " Preface.^* 
 
 1. Objection (possible) to it from the Solicitor's stand-point. 
 
 2. Oversights (jwssible) therein, readily (1) detectable and (2) amend- 
 able — 
 
 3. Recommendations (the) therein contained are only permissive in 
 their character, 
 
 4. Utility (the) of the scheme is " an open question."
 
 128 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 R — Reports ( (1) Final and (2) Intermediate) : — 
 
 1— (1) Advantages claimed for, and (2) Objects of the said (a) Estate 
 
 Accoutits and (b) Reports. 
 
 1. Administration (to secure, if practicable, the economical and honest) 
 of estates — 
 
 2. Anxiety {the avoidance of), complication, difficulty, and suspicion — 
 
 3. (a) Commercial and (h) other gentlemen selected as execu- 
 tors, &c. — 
 
 4. Cost (reasons why the) of («) preparing and (h) supplying the said 
 Account and Report cannot reasonably be objected to — 
 
 5. Cost (the) of the said Report in a large estate. 
 
 6. Cost (allowance of the) of such Report, &c., in the event of a taxa- 
 tion of the Solicitor's bill of costs therefor. 
 
 7. Examination thereof (a) by, or (b) on behalf of the beneficiaries — 
 
 8. Exoneration of (a) an Admor, (b) Exor., or (c) Solicitor from any 
 (1) possible complaint, or (2) proceedings. 
 
 9. Information (extent of the) imparted to beneficiaries under the pro- 
 posed scheme. 
 
 10. Knowledge ( (a) extent and (b) nature of the) usually acquired by 
 beneficiaries. 
 
 11. Knowledge (how the objection to the said somewhat supei-ficial 
 acquisition of) by a beneficiary would be totally removed. 
 
 12. (1) Magnitude (Report in the case of an estate of) and (2) special 
 importance. 
 
 13. Partner (illustrative case of a) dying, (a) leaving two surviving 
 partners, who (b) take an assignment of his share of the partnership 
 assets, and (c) continue the business. 
 
 14. Pertisal, &c., of the said Report, &c. 
 
 15. Record (advantages of said Report as a complete) of all transac- 
 tions, &c., for reference. 
 
 16. Tradesman (illustrative case of a) carrying on an extensive business, 
 (a) dying suddenly and (b) intestate, lea\ang a widow and several 
 infant children him surviving. 
 
 2 — Classes (2) of Repiorts :—(\) Final and (2) Intermediate. Defi- 
 nitions thereof. 
 S — Schedules relating to (1) cases and (2) documents. 
 T — Sole (a) trusteeship : — vide T. sub-par. 6 — 
 T. — Trust (a long -continuing) : — '^fraud-preventing " course proposed 
 
 therein.
 
 FRAUDS B£ TRUSTEES, ETC. PREVENTION SCHEME. 129 
 
 1. Account {au, (1) annual, or (2) half-yearly cash) : — Advantages 
 claimed therefor. 
 
 2. Detection {the ready) of frauds is thereby insured. 
 
 3. Security (ample) against improvident management, &c., is thereby 
 furnished. 
 
 4. Sole (avoidance of plundering, or " tapping " trust-funds l)y a) 
 trustee. 
 
 4a. Sole {a) trustee: — illustrative case wherein the scheme would 
 operate as a salutai'y checlr. 
 
 2. " Trustee (the) Act, 1888 " : — schedule of the various matters 
 wherein a trustee's responsibility is thereby minimised. 
 
 3. Trustee (a piiblic official) : — is what the country really wants. 
 
 4. Trustees (too indulgent) : — their manifold (1) dangers, (2) liabilities, 
 and (3) pitfalls. 
 
 5. Trusteeship (fraudulent) : — observations upon this offence. 
 
 6. Trusteeship (a sole) : — observations upon the manifold (1) dangers, 
 (2) liabilities, and (3) pitfalls thereof. 
 
 W — Will (Smjijcsted direction by) as to a compulsory deposit by exors, &c. 
 
 of all <le('ds and securities with the (1) Estate Bankers, or (2) a 
 Trust Co. (if not dei)osited with the Solicitor). 
 
 Preface . 
 A. Observations (general) upon the proposed Scheme. 
 
 1 — Objection (possible) to it from the solicitors' stand-point. 
 
 Doubtless many Solicitors may think it a very objectionable and 
 dangerous i^recedent to establish, on the ground that the proposed 
 Report will (1) affoi'd too much information to the beneficiaries 
 beforehand, and (2 ) strongly arm them with the chance of investi- 
 gating (a) the deceased's affairs too minutely, and more esj^ecially 
 (b) the reasonableness, or otherwise, of the legal expenses 
 incidental to tbe winding-up of the estate in hand, which in many 
 cases affords a prominent subject for consideration, and probable 
 discussion at the hands of any beneficiaries wdio may, perhajis, in 
 ignorance, think the same excessive. 
 
 2 — Oversights (there are, doubtless, many) therein, readily detectable 
 by a ci'itical eye, and amendable, in many respects, in order to fully 
 meet (1) the exigencies of the case, and (2) interests and objects 
 intended to be dealt with, 
 
 3 — Recommendations (the) contained therein are, under the existing practice, 
 
 E
 
 130 FBArDS BY TRCSTKES, BTC. WXTBFTIO^ SCHKJCI. 
 
 only permijffire in their ckaraeter, rather pointing out what shonld \<e 
 done, and it is sincerelv trusted that they may not be wanting in 
 salutary effect, provided professional opinion is. on mature con- 
 sideration of the objects intended, and the benefits to be derived 
 from their adoption, ripe for a broad and sweeping recognition of 
 the right of a beneficiary to be supplied with all the information 
 intended to be furnished by the said Eeport and Cash Ac-count. 
 More critic-al readers could har<ily be found than the members of the 
 legal profession, nor gentlemen better able to say unhesitatingly 
 whether snch a system is wanted, and, if so, whether that now 
 suggested by me meets the want in any degree. 
 
 4 — Utility (the) of the g^heme i^ an open question : — It may he presnmp*- 
 tuoas on my p>art to (1) express a decided opinion upon the (a) 
 expediency, or (h) ntHity of the unique course or scheme now 
 proposed for consideration, or (2) to entertain s<3 sanguine an 
 anticipation of its ultimate suc-c-ess and universal adoption by the 
 profession, unlegg eompuUorily hy gtatute. 
 To many the scheme may possibly appear somewhat simple, and 
 unworthy of notic-e, or universal adoption ; and it may possibly l^e 
 admitted by others that reports of the nature suggested would 
 wort advantageously to all parties c-oncemed. and are worthy of 
 favourable consideration. 
 Under any circumstances, I sincerely trust that those for whose 
 guidanc-e my suggestions are intended will be well disposed towards 
 an earnest attempt to deal with the plan in question, and venture to 
 hope that such snggestions may have indulgent ec»nsideration 
 acc-orded to them, and prove of some slight assistance in endeavour- 
 ing to carry out the objects for which the plan has l>een formulated. 
 
 B. Trusteeship (the offence of frandulent) : — 
 
 Ui all <.>n:en<jt^ against proj-erty, this ofieaee is j:«erhaps the worst. It 
 possesses almost every element of baseness. A trustee is invariably 
 selected on account of (1) his supp-osed honesty, and (2) in th-r 
 belief of his fidelity to the interests cc>mmitted to his charge. H'r 
 is plac-ed in a position, very often, of uncontrolled power. Those tC' 
 whom he stands in a fiduciary character are generally widows or 
 minors, who are, practically, at his mercy. They can (1) l>ar their 
 doors against housebreakers, and, (2) by proper precautions, secure 
 their purses from the pictpoctet, hui they cannot protect themeelr^-^ 
 C'jain^ the fraudulent Truj^ee, and it is small c-onsolation to them, 
 when their money has been dissipated past recovery, to (a) bring
 
 FRAUDS BY TEU8TEE8, ETC. — PKEVENTION SCHEME. 131 
 
 the offender to justice, and (b) consign him to a convict's cell. The 
 subject is one of especial interest to many who are, in some way or 
 other, interested in Trusts (long-continuing or otherwise), for the 
 administration of property bequeathed by will. The Legislature 
 has done all in its power to check the speculative inclinations of 
 trustees, by passing the " Trustee Act, 1888," which severely limits 
 the securities wherein, without the testator's express authority, they 
 are empoicered to invest ; but no Act of Parliament in the world can 
 prevent a trustee being a thief, if he makes up his mind to run the risk. 
 As regards the title deeds and securities relating to the estate, the only 
 safeguard to the beneficiaries is a deposit thereof with the Estate Bankers, 
 d-c, in the mode herein mentioned. ^Miere a trustee turns out a 
 thief, severity of punishment is the only weapon which society has, 
 and it is simply deterrent in its oi>eration. The fear of j^enal 
 senitude, no doubt, keej»s a good many men straight who have no 
 particularly strong sense of rectitude — ^for even the dishonest dispo- 
 sition has its prudential phases, but the said fear is not powerful 
 enough to prevent occasional frauds by trustees, especially in the 
 case of men like Hastings, who, having got themselves into financial 
 diflBculties, overstep the thin dividing line l^etween legal and moral 
 wrong-doing, in the desperate ho[>e that CI; their affairs will mend, 
 and (2) they will be able to put things right without anyone being 
 the wiser. The bare possibility of such cases is a serious anxiety to 
 testators. They may hope to ensure security by (1) nominating 
 two or more trustees, but (2) some of the nominees may (a) die, or 
 (b) renounce, and the whole control ultimately passes into the hands of 
 one man, who, in spite of all appearances to the contrary, may turn 
 out ioheo. scon iidrtiJ. 
 C. Trust (a long continuing) : — as to the "fraud-preventing" scheme 
 proj»^<sed th»frein, vide Schedule T., pp. 143 7, pars. 1 to 6 (6) inclusive. 
 
 B— Reports ( (1) Final and (2) Intermediate) ; — 
 1 — Final : — applicable to th'.- <:u.s',' of an estate wherein the circumstances 
 conne^.ted therewith render one distribution alone necessary amongst 
 the residuary legatees. 
 2 — Intermediate: — applicable to the case of an estate wherein a tes- 
 tator's widow has a life interest, or the like, and on her death or 
 marriage again (1; the proceeds of sale are divisible amongst, or 
 (2) the income arising therefrom is payable to his children, or as 
 the case mav be.
 
 ^ rpT,TT^TFFS ETC.— PREVENTION SCHEME. 
 132 FRAUDS BY TBUSTEEb, iii^- 
 
 . 7 ^- 7 n.\ Ohiprts of the sakl Estate Accounts, 
 („) Aclvantafies claimed for, a>id (h) Objects oj ___ 
 
 and Reports— 
 
 — "— — T^ fin secure if practicable, the honest) of estates with as 
 ^'"^T'^t^^Z^^f^ - ^<-^^^ possible with the ex. 
 httle delay and expense practice is, in many 
 
 gencies of each V-rt^^^^ -^- ^^^^^^ ,^^, ,, ,-ould be 
 cases, extremely loose, and it ^7\^,^ J ^^.^^.^^^ i^ a speedy, 
 
 the enormous delay and expense which, untoitnnate y, 
 
 t. e ailT resulting in costly and protracted Ufgatron). 
 (general .v s „e„f(eme». are seJecfcci as Exe- 
 
 '-^"\t'rti hi t' iT s SeJ^ a Llicitor-s province to prepare 
 
 :rc'o"pi:tt':L ^r„po.ed report, ^^■^i^;:^^r:X 
 
 •„i a,-,rl Athpr o-entlemen are selected as execuuuio 
 commercial aud otner ^enx e ^^^ ^^ 
 
 management, realisation, and wmdmg-np ot lai 
 
 -:S-ra=:or^:r2^H?d 
 
 ;rC.t:rer.ap. innoce.tl.J^^^^^^^^^^^^ 
 
 formation as they ,«re legally and ""^"yj'"™';^^^^,.^, „j the 
 
 soon as practicable after his decease In ^"^ a case ^^^^ 
 
 i^peratWe that he shonld ^^^^^ '^f^^ „ .....a for 
 tiracmt tn.lf:ri expense. ... ..a. ...a.-
 
 FRA.UDS BY TRUSTEES, ETC. PREVENTION SCHEMK. 133 
 
 ■menf, is, of course, for his own sake and jirotection , etiinixfi'd fo the 
 famihj Solicitor. Wlieii evorythin*:; has lici'ii r»'ali>eJ, what i^roater 
 indeumity can exist (so far as they are individually concerned) than 
 the fact of his having supplied to the beneficiaries, a reasonable 
 time lieforeliand, a complete history of his dealinj^s with the estate 
 from ])eginning to end P 
 
 4- — Cost (reasons why the) of (a) preparimj and (b) supplying the proposed 
 (1) Cash Account and (2) Report cannot reasonably he objected fo: — 
 No doubt it would add something to the cost of winding-up an 
 estate, but I venture to think that the plan, if generally adopted, 
 would save beneficiaries many anxieties, suspicions, and heart-aches, 
 and by this advayitage amply compensate for the said additional 
 expense. 
 
 5 — Cost (the) of the preparation and completion of such a Report would, 
 of course, in a large estate, be considerable, bid the countervailing 
 advantage to the beneficiaries (for whose benefit it is specially 
 intended), in being thereby supplied with the fullest information, 
 both as regards (a) facts and (h) figures, would (I) amply compen- 
 sate for the cost thereof, and (2) finally remove all doubts and 
 questions concerning the honest realisation and distribution of 
 the estate. As a rule, people do not mind paying for a thing, 
 if it is worth having, particularly where they have something to 
 receive. 
 
 6 — Cost {allowance of the) of the proposed Report, &c., in the event of a 
 taxation of the Solicitor's bill of costs therefor : — 
 
 1. The question may naturally be asked, would such cost be allowed 
 on taxation ? and in 
 
 2. Answ^er thereto, it may be here mentioned that, in an a[iplioation by 
 an eminent firm of London Solicitors (as Agents for the Plaintiff's 
 Solicitors), to the Chief Clerk, in a cause (attached to Mr. Justice 
 Chitty's Court), wherein there were a large number of beneficiaries 
 (residing in ditferent parts of Europe), for jiermission to (a) draw 
 up and (b) forward to each of them a report in accordance with the 
 suggested system, he was asked to give a certificate for allowance of 
 the costs thereof, and said that, though he approved of the idea, he 
 could not usurp the province of a taxing master by certifying for 
 such costs, but did not see xvhy they should not be allowed. 
 
 7 — Examination thereof (a) by, or (b) on behalf of the beneficiaries : — to 
 enable the beneficiaries (who do not, as a rule, possess sufficient 
 legal or technical knowledge as to the forms which have, or ought,
 
 134 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 to be complied with prior to the winding-up of an estate), to (a) 
 carefully examine, and (h) raise any valid objections to such accounts 
 and reports at the proper time. 
 8 — Exoneration of (a) an administrator, (b) executor, and (c) solicitor 
 from any (1) possible complaint or (2) proceedings in respect of 
 the estate dealt with, at the hands of the beneficiaries, on the 
 ground of concealment, or otherwise, of any material facts con- 
 nected with such estate, calculated to influence their jiidgment in 
 
 (a) executing, or (b) refusing to execute the deed of "release" 
 usually executed on a final distribution. 
 
 9 — Information (extent of the) imparted to beneficiaries under the proposed 
 scheme : — The results of the adoption thereof would be that they 
 would (a) possess precisely the same information as regards (1) the 
 estate, (2) any spacial circumstances connected therewith, and (3) 
 the receipts and payments therein as the executors and solicitors 
 themselves, and (b) could not thereafter consistently (1) turn round 
 upon, and (2) charge either of the latter with (a) suppressing, or 
 
 (b) withholding any information whatever alfecting the estate in 
 question wherewith it was their duty to furnish their beneficiaries 
 before assenting to the correctness of the estate account usually 
 presented for (1) examination, and (2) signature on a final dis- 
 tribution. 
 
 10 — Knoivledge {extent and nature of the) usually acquired by Benefi- 
 ciaries : — In the vast majority of cases the information supplied to, 
 and knowledge acquired by the beneficiaries respecting the estate is 
 simply such as can be gathered from («) the balance-sheet, and (h) 
 release (if any) produced for their (1) inspection and (2) signature 
 on the division, without their having had any previous chance of 
 investigating the affairs personally. 
 
 ll—Knou-ledge (how the objection to the said somewhat superficial acquisi- 
 tion of ) by a beneficiary ivoidd be totally removed: — by the strict 
 adoption of the course now proposed for consideration, which would 
 not necessarily dispense with the usual release, inasmuch as the 
 report could very advantageously be (a) annexed to, and (fe) by 
 recital, be made to form part of such release, in order to make it 
 binding on all parties. 
 
 12 — Magnitude (even in the case of an estate of) and special importance, 
 the facts connected with the management, realisation, and ultimate 
 distribution thereof can be kept witliin reasonable limits, so that 
 the cost of jtrinting a report, where it becomes necessary to supply
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 135 
 
 a print to each of a number of beneficiaries, at trie time, and in the 
 mode proposed, would be quite disproi)ortionate to the benefit 
 acquired by him in thus being made fidly cognisant of all the facts 
 connected with the estate. 
 
 13 — Partner (illustrative case of a) dying, (a) leaving two surviving 
 partners, who (b) take an assignment of his share of the partnershijj 
 assets, and (c) continue the business : — 
 Report (it is of the utmost importance that a) should be (a) pre- 
 pared and (h) submitted to the beneficiaries, dealing fully with the 
 testator's (1) partnership, and (2) private estates respectively, 
 showing exactly (a) how each stood at the date of his death, and 
 (6) the executors' subsequent management, realisation, and final 
 distribution thereof. 
 
 14 — Perusal, &c. — Another feature (claimed to be (a) a great advantage to 
 beneficiaries, and (b) protection to Administrators, Executors, and their 
 Solicitors), not to be lost sight of in the adoption of the course 
 suggested (by submitting, in every impu-taut case, a reasonable 
 time before distribution, a detailed Report, either (1) intermediate 
 or (2) final, according to circumst mces, as to (a) au Administrator's, 
 (6) Executor's, or (c) their Solicitor's management, realisation, and 
 proposed distributi ,n of tbe deceased's estate, to afford the bene- 
 ficiaries (1) ample opportunity of carefully (a) perusing and (6^ 
 approving or (c) disapproving it in the meantime, and (2) thereby 
 enal^ling them to make any necessary inquiries respecting same 
 either (a) prior to, or (6) at the division), is the fact that the charge 
 for it could not reasonably be objected to, having regard to the sub- 
 stantial advantage derived by such beneficiaries, inasmuch as the 
 " Reporters " could not (even if dishonestly disposed), omit (a) any 
 fact from their Report, or (b) figure from their Balance-sheet, 
 because, in the majority of cases, both would be prepared by the 
 Solicitor, who would (1) for his own sake, and (2) the protection of 
 the beneficiaries, take good care that there was no possible chance 
 of such "Reporters" being guilty, in the slightest degree, of 
 suppressio veri. 
 
 15 — Record (an accurate and complete) of (for reference by (a) the 
 Executors or (b) their Solicitor, if and when required), and an exict 
 history of (1) their dealings, and (2) all transactions connected with 
 the estate, from the death of the deceased, up to and including the 
 final distribution, must be kept by (a) such executors, or (b) 
 Solicitor, to enable him to prepare such Accounts and Reports, the
 
 136 FRAUDS BY TRUSTEES, ETC. — -PREVENTION SCHEME. 
 
 existence of tvhich, in a hcuidy form, should enable him to close an estate 
 without delay. 
 16 — Tradesman (ilhistrative case of a) carrying on an extensive business, 
 (a) dying suddenly, aful (b) intestate, leaving a widow and several 
 infant children him surviving : — 
 
 1. Complicated (his affairs are in a very) state, and there are numerous 
 outstanding book-debts, owing by his wholesale cust nners. 
 
 2. Solicitor (a) is entrusted with the (a) entire management of and (&) 
 realisation of the estate, on behalf of the Administratrix, and, as such, 
 authorised to : — 
 
 1. Adjust all disputed accounts owing- by the intestate connected 
 therewith ; 
 
 2. Adjust all disputes connected with the (a) collection and (b) 
 settlement of such accounts ; 
 
 3. Realise the intestate's other outstanding estate, and 
 
 4. Generally to act on behalf of the Admix in winding-up such 
 estate. 
 
 3. Settlement (on a final) of the affairs, what is moi'e reasonable, just, 
 and proper than that her Solicitor should rentier to her (a) a 
 detailed Report and (b) Balance-sheet, giving practically the same 
 information concerning them as that possessed by him; identical 
 with, and as ample as the latter, both as regards (1) the special 
 circumstances connected therewith, and (2) amounts («) received 
 and (b) paid on account of the estate ? 
 
 (S) " Schedules " (2 alphabetically classifiei) relating to 
 
 the following" matters, viz. :— 
 
 (A.) Cases (" Epitomes " of 3 very important) bearing upon the 
 question of ^'fraudulent trusteeship." 
 1 — Cottam V. Eastern Counties Railway Co., 30 L. J. Ch. 217. 
 
 1 Facts thereof: — one of 3 trustees being in possession, with his co- 
 trustees' consent, of " Rway Debentures" granted to the 3, (1) 
 sold them to a bo7id fide purchaser, and (2) forged their names to 
 the transfer, which was duly entei*ed or registered by the Co. in 
 their books. 
 
 2. Suit (co-trustees' bill or) to avoid such transfer, &c.- — It xvas (a) held 
 and (b) ordered thereon as follows, viz. : — 
 
 1. Authority (that the possession by one gave no implied^ to deal 
 with them. 
 
 I
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 137 
 
 2. Cancellation of sd entry in Go's books. 
 
 3. Delivery up of sd Debentures to the sd trustees. 
 
 4. Void (that the sd transfer was absolutely). 
 
 2 — Judge v. Tisdall (Chancery Division, 17th Jan. 1888). 
 
 1. Facts thereof: — this was an action brought against (1) General 
 Tisdall, and (2) Mr. Mortimer (ay trustees of a marriage settlement), 
 asking that they might be ordered to replace 1400/., the value of 
 some " Natal-bonds" (an investment unauthoi-ised thereby), which the 
 Srd trustee (a Solicitor) had (1) gotin to his possession and (2) sold, 
 (3) applying the proceeds to his own use, and (4) afterwards 
 absconding. 
 
 2. Indulgent {as to the manifold dangers, liabilities, and pitfalls of too) 
 trustees : — vide sub-pars. 3 and 4 hereof. 
 
 3 — Judgment {Mr. {now Lord) Ju.stlce Kay's) therein: — 
 
 1. Losers. — His Lordship, in the course of his judgment, said that this 
 was one of those painful cases where he had to decide which of two 
 innocent sets of persons ivere to bear a loss. 
 
 2. Reform {he had long been convinced that the ivhole system of " Trusts" 
 required radical), and was glad to see that some gentlemen of high 
 position in the City of London were endeavouriog to form a Com- 
 pany to take upon itself the administration of trusts. He wished 
 success to that attempt with all his heart. He believed, if it suc- 
 ceeded, and was taken up by men of such position as to ensure its 
 success, it would (1) be a great benefit and blessing to this country, 
 and (2) the whole system of administration of trusts here would be 
 greatly benefited. He had been informed that such a system 
 existed, and worked admirably, in other countries, and he did not see 
 any reason why it should not succeed here. In the sd case, with great 
 reluctance, he held that the trustees (1) were liable to make good the 
 loss, and (2) must pay the costs. 
 
 4 — Trustees {a tvarning to too indulgent) . — The sd judgment exemjjlifies 
 in a marked and painful degree the terrible hardship sometimes 
 inflicted upon too indulgent trustees who have 
 
 1. Accepted the responsibilities of the trust, and 
 
 2. Keposing full confidence in the acting trustee or trustees, aftei'wards 
 discover that it has been grossly abused by him or them, to whom 
 the actual execution of the duties connected therewith has been 
 trustingly delegated. This foolish course involves much anxiety, 
 muuey, and time, and, as in the sd case, leads to serious actual loss, 
 all which would be avoidable by the adoption of the course hereinafter
 
 138 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 suggested in Schedule on pp. 145/7, by means of a " Compulsory 
 deposit " of the title-deeds, &c., relating to the trust with either 
 the Estate (1) Bankers, or (2) Solicitors, or (3) a Trust Co. (as- 
 the case may he), as may be deemed advisable, and most expedient 
 and practicable, so that all the trustees would (1) l)e made fully 
 cognisant of the acting trustee's dealings with the estate from time 
 to time, and (2) be thereby indemnified against any possible loss by 
 his stealing a march upon them iu the disastrous mode referred 
 to in the sd case. 
 3 — Regina v. Hastings — Summary of the leading facts of this melancholy 
 
 1. Appointment (^prisoner^ s) as trustee, &c. — In 1876 (a) Hastings 
 (then a man of j^osition and high repute for honour and integrity, a 
 fact that very likely (1) led the late Major Brown to trust him, and 
 as the learned judge (Mr. (now Lord) Justice Smith) observed,, 
 afterwards gave the beneficiaries under the Major's will good 
 ground to unquestionably confide in him), and (&) another gentleman^ 
 were appointed trustees thereunder. 
 
 2. Testator (the) died, leaving four children, and 
 
 3. Property, amounting, at the least, to about 28,000Z., was subse- 
 quently handed over to the sd two trustees. 
 
 4. Trustee's (during his co-) lifetime the said trust fund (1) increased in 
 value and (2) remained intact. 
 
 5. Trustee's {result of his co-) death in 1886 : — it enabled Hastings to- 
 relieve his pressing embarrassments, by ivrongfully dealing loith the 
 trust money over which he thereby obtained the sole control. 
 
 6. Fall (cause of his) : — Disastrous speculation, the result of his 
 having embarked upon a career of " company-business," of a more 
 or less unsound character, involving him in grave difficulties, his 
 co-trustee's death (while the meshes were closing around him),, 
 enabling to relieve, &c. (vide sub-par. 5). 
 
 7. Conduct (his) from his co-trustee's death to date of his arrest. 
 
 1. Public (how he was tempted to keep up his) position as a member of 
 Parliament, &c. — by dishonest means, and rather than sacrifice his 
 own ambition, he preferred to 
 
 2. Sacrifice the children of his old trusting friend (whose interests he 
 was, as administrator of the trust fuuds confided to his honour,, 
 specially bound to solemnly guard), and 
 
 3. Reduce them (as his Lordship, in scarifying words, pjuited out)
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 139 
 
 " to the very verge of want" (one son, a retired army officer, with 
 a wife and family, beinf^ left, with the exception of his lialf- 
 pay, virtually absolutely penniless) by the prisoner's 
 4. "Tapping and plundering" the trust funds (which it was his 
 solemn duty to protect) for a period of 6 yrs, and thejreby delibe- 
 rately, fraudulently, and ruthlessly misappropriating, in all, about 
 30,000/. belonging to them. 
 3rt — Regina v. Hastings : — (1) classified summary of, and (2) Observations 
 
 upon the "main features" connected therewith, embodying therein the 
 various (a) posts of authority and honour formerly occupied by the 
 prisoner, and (b) the divers means whereby his («) former apparent 
 probity and (b) reputation, &c., enabled him to carry out his system of 
 robbery with impunity for a number of years. 
 
 1. (1) Authority (he occupied various posts of) and (2) honour. 
 
 2. City Magnate: — He was formerly a power in the City of London. 
 
 3 — (1) Consideration (he was hekl in) and (2) respect until shortly 
 
 before his arrest. 
 3a. Double-sidedness — (the case exhibits one of those extraordinary 
 
 phenomena of the) of human character which appear so difficult of 
 
 explanation. 
 
 4. Magistrate (a county) : — He had been one for thirty years. 
 
 5. Parliament (lie was an active and laborious member of) for the 
 eastern division of his own county (Worcestershire). 
 
 6. Prizes (the) of a modern, and yet lofty, ambition : — He had won 
 them all. 
 
 7. Probity (a man of) .-—Even while the world regarded him as such> 
 he was (1) all ihe while, or for no small part of it, pursuing a 
 wicked course of misappropriation (by committing a series of 
 frauds, which are only saved by their magnitude in amount from 
 being, in every way, of the most despicable character), and (2) 
 trying to j^rop up his tottering credit by conduct compared with 
 which ordinary theft may almost be considered a virtue. 
 
 8. Public (he was a typical English) man of the second degree. 
 
 9. (1) Beptitation (Ids) as a man of honour and integrity and (2) 
 extreme i-espectability (in so far as it depended upon appeai*ances), 
 enabled him to carry out his system of robbery with impunity for a 
 number of years. The frequency with which high position and the 
 mask of respectability are used to cloak more or less illegal practices 
 is enough to shake one's faith in human nature. The newspapers 
 too often record cases of (1) Solicitors making away with trust
 
 140 FRAUDS BY TRUSTEES, ETC. — PREVENTION SCHEME. 
 
 moneys, (2) Stockbrokers appropriating to themselves their clients' 
 securities, and (3) trustees robbinsr the beneficiaries of such trust 
 funds. One might, however, have expected to find honesty in a 
 former chairman of quarter sessions (accustomed to preside in a 
 Criminal Court), but the cowl does not make the monk, the robes 
 of justice do not always envelope a nature of honour and integrity. 
 Judicial reproof of misdoing is no guarantee that the reprover 
 himself is spotless. We live, more or less, in an age of " whited 
 sepulchres," and every day some reputation, previously regarded as 
 sans reproche, is tarnished by the disclosure of hitherto concealed 
 and unsuspected frailties. When revelations of this kind follow 
 one another with such breathless haste, one is half tempted to 
 identify innocence with that prudential caution which has had the 
 discretion to avoid being " found out." 
 
 10. Services (vahiahle public) rendered to his country, wherein he 
 devoted much of his energy and time as (1) a chairman of his 
 county quarter sessions, and (2) M.P., &c. 
 
 11. Sessions (he had acted as said) Chairman for more than fifteen 
 years, and, as such, had damned in the culprit the very offences 
 which he knew he had a mind to in the infirmity of his own nature. 
 There is, indeed, a quasi-dramatic irony, in the fact of a former 
 chairman of quarter sessions (accustomed to (1) preside in a 
 criminal court, and (2) deal out punishment with Rhadamanthine 
 severity to law b eakers), having himself to stand up in the dock 
 and be sentenced to five years' penal servitude. 
 
 12. Severity (as to Ms). — He had the reputation of being a rather 
 severe judge, who dealt out punishment as aforesaid — of one who 
 seemed unable to endure the very thought of crime. His homilies 
 seemed to shut out hop.-, both here and hereafter. The psycholo- 
 gist would (1) dehght in a creation of this sort, and (2) show us 
 that in all this, perhaps, he was perfectly sincere. 
 
 13. S/i02v (his oniward). — No one could have been more flawlessly 
 respectable therein. 
 
 14. (1) Social (the) Science Movement and (2) Hastings seemed, at one 
 time, to he hut different names for the same thing. — As a " Congress- 
 man " (or past president of the S. S. Association) he must have 
 dealt, in a high-minded way, with many problems that tend 
 to the (a) promotion of universal virtue, and (h) rej^ression of 
 crime. 
 
 15. Speculator. — He was honourably known outside the circles of (1)
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 141 
 
 business and (2) politics for bis interest in matters of a speculative 
 concern. 
 
 16. Smncller {he (I) did not mean to become, nor (2) did he regard 
 himself a.** a), but hoped, to tlie very last, that " things would come 
 right." 
 
 17. Victim (to the very last he was the) of his own delusive hopes. — Such 
 men always are. He tried to extenuate himself to the court by saying 
 that, if it had not been for his arrest, he would (1) have been able 
 to sell a valuable patent, and (2) with the proceeds to make good 
 his defalcations. It is the old, old story. There never was a 
 baffled speculator yet who did not excuse his dishonesty on the 
 ground that one more turn of the wheel would have brought fortune 
 to his door. 
 
 36 — Regiiia V. Hastings — " Ohservations" njjon the prisoner's sentence of 
 
 5 I/ears' penal servitude. 
 
 1. Effect (its) on his career: — It is an ignominious and wretched ending 
 to a career which had (until he found himself in the position of 
 sole trustee tinder his testator's will) been useful, and might have been 
 honourable. 
 
 2. Extenuation (no) : — although his sentence was severe, it has been 
 attended in this, and other instances, by circumstances which 
 must, unspeakably, intensify both (a) the moral and (h) physical 
 sufferings of imprisonment, but his guilt has been of an excep- 
 tionally aggravated kind, and it will be felt, on all hands, 
 and amongst all ranks, that the very accident of position which 
 enhances the anguish of the punishment, adds in a corresponding 
 degree to the heinous character of his transgressions. Under the 
 circumstances, therefore, very little indeed, if anything, can be said 
 in palliation of the pi'isoner's crime, /or ivhich the sd sentence ivould 
 have been inadequate, had it not been that he is already an old man. 
 
 3. Justification of its severity : — although, doubtless, a terrible sentence 
 to a man of nearly seventy years of age, it is the least which would, 
 in a case of such exceptional moral turpitude, have satisfied the 
 demands of justice, and is not a whit more severe than so grave a 
 crime called for. 
 
 4. Sympathy (no) extensible to the prisoner : — Sad though it is to see a 
 conspicuous, and, in many respects, useful career ended in punish- 
 ment and shame, it is impossible to feel any sympathy for a man 
 who has (1) criminally and deliberately abused his trust, (2) cheated
 
 142 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 his friend's cliildreu of their pati*imoay, and disgraced a high 
 
 official position. 
 
 (B.) Shoirlnij tlin requisites of the following documents, viz. : — 
 
 1 — " Balance-sheet " (a strict) — under the proposed system, to be sent to 
 each beneficiary, for (a) perusal and (b) approval, before a final 
 distribution : — 
 
 1. Interim distributio7is : — (a) the dates and (b) several amounts paid 
 between (1) probate and (2) final distribution. 
 
 2. Balance payable to the several beneficiaries respectively. 
 
 2 — Cash-account (a strict) thereunder, wherein all "payments" made 
 by the exors on the following several accts must be shown, viz. : — 
 
 1. Legal (the) expenses connected with and incidental to the (1) 
 management, (2) realisation, (3) any intermediate distribution, and 
 (4) the final distribution of the residuary estate. 
 
 2. Miscellaneous (all general or) payments since (1) death or (2) pbte. 
 
 3. Property (the total expenditure on) account, made up, in alpha- 
 betical order), as follows : — 
 
 1. General (on) account : — vide '' Somerset House Guide," p. 52, 
 par. 3, suh-pars. 1 to 10 incl. 
 
 2. Rent ( (1) chief or (2) ground) of leaseholds. — id., p. h'l, par. 4. 
 
 3. Repairs (on) to property a 'c — id., pp). 52/3, par. 5, sub-pars. \ to 6 
 incl. 
 
 4. Sale of (a) freeholds and (b) leaseholds : — id., p. 53, par. 6, sub-pars. 
 1 to 7 incl. 
 
 2a — Cash-ajc : — all " receipts " by exors on sd estate a/c must be shown 
 
 therein. 
 
 N.B. — Appendix A. in " Somerset House Gtiide " : — vide same for 
 specimens of general (1) Payments and (2) Receipts insertalde in the sd 
 a/cs. 
 
 3 — " RepoH " (a detailed) as to the exors' (1) management, (2) realisa- 
 tion, and (3) proposed final distribution of the residuary estate, 
 renderable to the beneficiaries a reasonable time before the latter, 
 containing the following particulars, viz. : — 
 
 1. Claims (disputed), if any : — how same have been disposed of. 
 
 2. Dealings (the exors') with the estate. 
 
 ■3. Estate (testor's (a) pjersonal and (b) real) : — (1) a detailed a/c 
 thereof, and (2) of its (a) temporaiy investment (pending a division), 
 (b) disposition, and (c) application ; (3) proceeds of sale, and (4) 
 income thereof respectively.
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 143 
 
 4 — Shares (individual) : — any special circumstances connected there- 
 with. 
 
 (T) Trust (along-continuing) :— " Fraud-preventing scheme " 
 proposed therein . 
 
 Having special regard to the widespread disaster caused within the 
 last few years by (a) " defaulting or fraudulent trustees," and more 
 notably by (b) the cruel, melancholy, and notorious " Hastings case " 
 (involving, as it did, a shocking breach by him, as a trustee, of the most 
 elementary principles of morality), I ventui'e to think that the present 
 affords a very fitting opportunity to offer a few practical suggestions 
 (deserving earnest consideration), to all who are (either as (1) adminis- 
 trators, (2) executors, (3) next of kin, (4) residuary legatees, (5) 
 solicitors, or (6) trustees) connected with, or interested in the manage- 
 ment, realisation, and distribution of the estate of an intestate, or 
 testator, as to the special course to he adopted in the case of a lonrj -continuing 
 trust, and embodying a system (materially affecting the (a) duties and 
 (h) liabilities of trustees towards their cestuis que trust) under which (for 
 the protection of all parties concerned) solicitors, on behalf of such, adminis- 
 trators, executors, or trustees, may he compelled to (a) strictly carry out the 
 suggestions herein contained, and (h) furnish to such next of kin or resi- 
 duary legatees respectively (as the cas3 may be), the (1) " balance-sheet " 
 or cash a/c, and (2) " report " hereinafter particularly referred to and 
 described. 
 
 1 — Account ((1) an annual or (2) half-yearly cash) therein: — advantage 
 claimed therefor. 
 
 1. The enforcement of a statutory ohligation of this character would 
 doubtless result beneficially to all parties concerned, inasmuch as it 
 would afford (1) an annual, or (2) half-yearly opportunity of ascertain- 
 ing, from a careful inspection of (a) the documents and (h) securities 
 relating to the trust estate (to be didy verified by an independent solicitor 
 to he selected by or on behalf of the beneficiaries), that the funded portion 
 of such estate is invested upon securities (1) coming strictly tvithinthe 
 investment clause of the instrument creating the trust, or (2) such as 
 trustees are legally authorized to invest in, by (a) the " Trustee Act, 
 1888," or (b) any amending Acts. 
 
 2. Detection (ready) of frauds, &c. : — There is no doubt the development, 
 and active enforcement of a scheme like the one suggested in 
 pars. 2a/6 on pp. 145/7 would ultimately lead to the (1) ready de- 
 tection of frauds by dishonest trustees, and (2) avoidance of many losses
 
 144 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 by beneficiaries at the hands of (a) defaulting- trustees, or (6) trus- 
 tees who have probably exercised a random and unwise discretion 
 in the investment of the whole, or a pai't of the trust funds, upon 
 unauthorized, and probably indifferent, or rotten seciirities. 
 
 3. Security (it will furnish ample) against (1) improvident management, 
 (2) the wasteful dissipation of funds, or (3) the pursuit of \infair 
 and unjust conduct, on the part of executors and trustees, towai*ds any 
 of their beneficiaries, if it is made obligatory on the part of the former^ 
 to (a) prepare, thi'Ough their solicitor, and (b) transmit, for exami- 
 nation by or on behalf of such beneficiaries, an 
 
 Annual or half-yearly cash account, showing clearly all : — 
 
 1. Accumtdations of dividends, interest, rents, &c. 
 
 2. Investments (the nature of their) of the trust funds. 
 
 3. Payments (all) made in connection with the trust estate, and 
 
 4. Statement (a detailed) of all facts wherewith it is their duty to 
 furnish them. 
 
 4. Sole (avoidance of phuulering or tapping the trust funds by a) trustee: — 
 2 — The said scheme would also (1) meet and (2) operate as a salutary 
 
 check in such a case as the following, viz. : — 
 
 1. A testator appoints as his executor, &c., a friend (as in the Hastings 
 case) in whom he has, at the date of his will, the most implicit confi- 
 dence (probably pei'fectly justified at the time, by past experience 
 of such friend's (1) integrity, and (2) the consequent prospective 
 certainty of his ability to (a) carry out the trust, and (b) look after 
 the interests of the testator's widow and young family most faith- 
 fully). The 
 
 2. Trust is to continue, probably, until the youngest child attains 21, 
 during which period the whole of the funds are (at all events in the 
 majority of cases) binder the trustee's absolute and tmcontrolled poiver. 
 
 3. For a few years all goes on right, (a) the widow reposing the fullest 
 confidence in such trustee's apparent honesty, and (b) he staving 
 off, and (c) cloaking ingeniously, the slightest suspicion of any mis- 
 appropriation of such funds, by punctual payment of the income 
 ostensibly arising from Avhat afterwards turn out to be investments 
 existing in the imagination only. 
 
 4. Embarrassments, caused by disastrous speculation, oftentimes lead to 
 an irretrievable loss of all the misappropriated trust funds, and when 
 the time for distribution arrives, they are not forthcoming, and, 
 ultimately, the trustee, to escape the penal consequences of his fraudu- 
 lent misappropriation, absconds, leaving the beneficiaries absolutely
 
 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 145 
 
 penniless, which disastrous result mi(jht, in mjst cases, to a qrcat 
 extent, he avoided, either wholly, or, at all events, partially, by a strict 
 enforcement of the course herein suggested. 
 2a — Bankers (a (1) deposit, hy theadmor, or (2) joint deposit by all the 
 exors or trustees, as the case may be, with the estate), solicitors, or a 
 trust CO. of all (a) deeds and (b) documents of a valuable nature relating 
 to the (1) admon or (2) trust estate : — 
 
 1. Retained (to be) by, or remain under the control, or in the custody 
 or -possession of such bankers, &c., during the continuance of the 
 trust, or, in any event, 
 
 2. Returnable {not to be) to such admor, &c., until such deeds, &c., shall 
 be actually required by the "estate solicitor" for the purpose of 
 realisation, jjrior to a final distribution of the residuary estate 
 amongst the beneficiaries. 
 
 3 — Deposit ( (1) advantages claimed for, and (2) objects of the proposed 
 compulsory) mentioned in sub-par. 2a. 
 
 1. Administration {the ultimate honest) of the estate is thereby secured. 
 
 2. Anxiety {the avoidance, in the majority of (1) administrations, 
 (2) executorships, and (3) trusteeships of a vast amount of ) , difficulty, 
 and suspicion (generally resulting in costly and protracted litigation). 
 
 3. " Commission " {reasons why sd (1) bankers' or (2) company's reason- 
 able) cannot {if the plan be generally adopted) be objected to : — 
 Because it would save beneficiaries (for whose benefit the scheme is 
 specially intended), many anxieties, heart-aches, and suspicions, and 
 by this countervailing advantage to them, would (1) amply compensate 
 for such commission, and (2) finally remove all doubts and 
 questions concerning the safe custody of such deeds, &c., during the 
 continuance of the trust, except as hereinafter mentioned. As a rule, 
 beneficiaries do not mind paying for a thing of this sort, ivhere the 
 adoption of the course proposed would result in the absolute safety of 
 such deeds, by depriving the admor, exor, or trustee of their custody 
 during the sd period. 
 
 4 — Exoneration of (1) an admor, (2) exor, or (3) trustee from any possible 
 suspicion as to the safe custody of such deeds, &c. 
 
 5 — Knowledge { (1) exors^ and (2) trustees' joint and several) as to the 
 ''whereabouts " of such deeds, &c. : — By the adoption of this precau- 
 tionary and salutary course, all the trustees would be (1) fully cogni- 
 sant of each other's dealings with the estate from time to time, and 
 (2) be thereby indemnified against any possible loss by the acting 
 trustee or trustees stealing a march upon them in the disastrous 
 
 L
 
 146 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME, 
 
 mode referred to in the case of (1) Jticlge v. Tisdall, and (2) more 
 notably in the recent cruel and melancholy Hastings case. 
 6 — Will (suggested direction by) as to a compulsory deposit by exors of all 
 the sd deeds, &c., as aforesaid — Another feasible counteraction to any 
 improper dealing with the sd deeds, &c., by the exors, or any of 
 them, would be for the testator to specially j)rovide in his will as 
 follows, viz : — 
 
 1. Deposited (that the same shall, immediately after a grant of pbte of 
 his will has been obtained, be) with (a) his bankers, or (b) any other 
 respectable and responsible bankers, to be jointly selected by the 
 exors, such deeds and securities to 
 
 2. Bemain in the bankers^ custody (excejit and subject as hereinafter 
 mentioned) during the continuance of the trust, but to be 
 
 3. Open to the inspection or perusal of (a) such executors, or (h) their 
 solicitor or solicitors, duly authorised (for all purposes connected 
 with or incidental to the due management and realisation of the 
 testator's estate), at any reasonable time during " banking hours " 
 after a written request therefor shall have been given by them, or 
 either of them, to such bankers. 
 
 4. Re-delivery (saving clause in a xvill as to a temporary) of such deeds, 
 &c. : — Provided nevertheless that the said deeds and documents may 
 be re-delivered to the executor's solicitor or solicitors (upon his or 
 their joint written undertaking, in the form hereinafter specified, 
 to return the same to such bankers, upon a demand by the latter by 
 letter) for all purposes connected with, or necessary for, the due 
 realization and ultimate distribution of the estate, a reasonable 
 time prior thereto. 
 
 5. Undertaking (the) referred to in the last paragraph : — Re A. B. 
 deceased. — We the undersigned hereby jointly undertake to re-deliver 
 to you, upon your demand by letter, all the (1) title deeds, (2) 
 securities, and (3) other documents (specified in the schedule here- 
 unto annexed, authenticated by our respective signatures), this day 
 delivered up to us for certain purjioses comiected with, or necessary 
 for, the due realization and ultimate distribution of the estate of the 
 said deceased. Signed by (a) the executors' solicitor, and (b) the 
 executors, and (2) addressed to the estate bankers. 
 
 6. Demand by bankers for re-delivery by executors to them of the deeds, 
 &c., delivered up for the purposes specified in sub-par. 4: — Re A. B. 
 deceased. — We hereby require you to re-deliver to us on or 
 before next, the inst., the deeds, <fec., herein condi-
 
 FRAUDS BY TBTJ8TEES, ETC. — PREVENTION SCHEME. 147 
 
 tionally delivered up to you hy us on the last. If the 
 
 purposes for which they are required by you have not been effected, 
 please inform us by letter, and state when you will be able to comply 
 with our request, to enable us to mark the required extension of 
 time on your undertakin|^. 
 (T. 2)—'' Trustee (the) Act, 1888" (51/52 1'. r. 59) :—Eplto„ie tlwrmf. 
 
 Observations thereon. 
 
 1. Cestui que trust (the sd Act does not confer any countervailing advan- 
 tage upon the) in lieu of those (hereinafter specified) conferred upon 
 his trustee; and it is submitted that, under these circumstances, 
 as a protective boon to the class for whose benefit the author's 
 suggestions on this important head are intended, the latter might, 
 advantageously, be made compulsory hy Statute, and not, as at present, 
 merely discretionary . 
 
 2. Trustee's (material improvement of a) position : — In amending the 
 law relating to the (1) duties, (2) liabilities, and (3) powers of 
 trustees, the sd Act very materially improves their position by mini- 
 mising their responsibility in respect to the following matters, 
 viz. : — 
 
 1. "Advances'' on leaseholds: — his liability in respect thereof is 
 limited (s. 4), 
 
 2. Agent for the receipt of trust money in certain cases : — a trustee 
 may (1) appoint a Banker or (2) a Solicitor as such (s. 2). 
 
 3. Breach (a) or breaches of trust committed at (1) the instigation 
 or (2) request of, or (3) with the written consent of his cestui qiie 
 trust. 
 
 4. Breach (an alleged) of trust : — he is enabled (except where he has 
 benefited thereby) to plead the Statute of Limitations (s. 8). 
 
 5. Conditions (depreciatory) on sales made after ptassing of Act : — he 
 is protected against liability arising thereout (s. 3). 
 
 6. Indemnification for a breach of trust, &c. — vide sub-par. 3. 
 
 7. Lisiirance (against fire) of the trust proj)ei-ty to the extent of 
 three-fourths its value (s. 7). 
 
 7a. Insurance premiums : — a power to pay same out of the trust 
 income without the beneficiai-y's consent (s. 7). 
 
 8. Investment (a power of) on mortgages of long terms (s, 9). 
 
 8a. Investments (improper) : — conditionally exonerating a trustee 
 from loss by reason thereof (vide sub-par, 10). 
 
 9. Limitations (Statutes of) : — vide sub-par. 4. 
 
 L 2
 
 148 FRAUDS BY TRUSTEES, ETC. PREVENTION SCHEME. 
 
 10.' Losses, resulting from loans of trust funds, tvJiere he has complied 
 strictly with the following statutory conditions, viz. : — 
 
 1. Amount of advance : — where lie has lent not more than two- 
 thirds of the value of the property. 
 
 2. Report (a) as to sd value (1) made by a person whom he 
 reasonal^ly believes to be an able practical surveyor or vainer, 
 (2) employed and instructed independently of any owner 
 thereof (s. 3). 
 
 11. Mortgages of long terms, &c. — vide sub-par. 2. 
 
 12. Renewal (a power of) of renewable leaseholds. 
 
 13. Responsibility (the personal) of a trustee ivho acts bond fide (or in 
 good faith) is thereby lessened, this being the object of the Act. 
 
 14. Scotland (the Act does not extend to) — (s. 1). 
 
 15. " Trustee " {what the stattdory term) includes: — (1) an admor or 
 (2) exor. 
 
 (T. 3) — " Trustee (a pidylic official) " is what the country really wants : — • 
 
 1. Appointment (pressing need for the) of a Government official : — when 
 the magisterial bench itself furnishes examples like the " Hastings 
 trusteeship," it is high time the Legislature should recognise the 
 pressing need for the appointment of a public official trustee (a 
 Government official upon whom would devolve the duty of managing 
 testamentary trusts, when so directed, at a scale of remuneration 
 graduated according to the amt of (1) labour, and (2) responsibility 
 involved). 
 
 2. Relieve (reasons why the existence of such an office would) testor's 
 mind of a load of anxiety : — because the difficulty of getting suit- 
 able persons (outside their own family circle), to act as trustees, is 
 sometimes very great, busy men being disinclined to burden 
 themselves with duties (1) involving so much responsibility, and (2) 
 requiring such extreme care. 
 
 3. Solicitor (necessity for the said trustee's employment of the deceased's, 
 or '^family") : — Having regard to the special knowledge generally 
 acquired by the sd solr of and in relation to the (1) estate and (2) 
 private affairs of the deced, it would be almost imperative, and 
 certainly advisable and expedient (for the sake of economy and 
 expedition), on the part of such official trustee (if one should be 
 hereafter appointed), to employ the sd solr for the following 
 purposes, viz. : — 
 
 1. Advising, &c. — to advise generally, if and when required, in relation
 
 FRAUDS BY TRUSTEES, ETC. PREVKNTION SCHEME. 149 
 
 to the managemout, realisation, aud distribution (intermediate 
 and final) of the estate. 
 
 2. (1) Deeds {to prepare all) and (2) documents incidental to, or ren- 
 dered necessary, in order to effectuate a satisfactory "winding- 
 up " of such estate. 
 
 3. Personally (to act generally in all matters wherein sueh trustee 
 cannot (1) legally, or (2) safely act), without legal advice and 
 assistance. 
 
 4. " Prohate" (a grant of) of deced's ivill, &c. — to obtain same, 
 
 5. " Windimj-up " (in the) of the deceased's estate. 
 
 4. Sxipporting (such an office might easily be made self-), without 
 unduly taxing the trust estate. 
 (T. 4) — " Trustees (too indulgent) : — as to their manifold (1) dangers, (2) 
 
 liabilities, and (3) pitfalls, vide ante, pp. 137/8, pars. 2, 3, and 4. 
 (T. 5) — Trtisteeship (fraudident) : — for " ohservations " upon this offence, 
 
 vide " Preface," par. B., pp. 130/1. 
 (T. 6) — Trusteeship {a sole) : — the manifold (1) dangers, (2) liabilities, 
 
 and (3) pitfaUs thereof. 
 
 1. Hastings (the) case : — the care with which he managed to go on for 
 six years robbing the trust fund ivas due entirely to the accident tliat 
 he was a sole trustee, and 
 
 2. Lawyers may ivell be led by this fact to consider whether some 
 amendment of the law (which would hereafter make the perpetration 
 of such frauds impossible), may not be practicable. 
 
 3. Prudent men, at any rate, will henceforth resolve never to (1) 
 consent to personally act as sole trustees, nor (2) leave any (a) 
 funds wherein they may be interested, or (b) securities and title deeds 
 in the absolute control, custody, disposition, or power of a single 
 individual. 
 
 4. Reputation (an unsullied) is no reason for leaving a trustee in a 
 position of uncontrolled power. 
 
 5. Temptation arose to Hastings when the death of his co-trustee left 
 him in sole jjossession of the trust-funds. 
 
 F. W. 
 5, Plowden-buildings, Temple, 
 October, 1893.
 
 APPENDIX I. 
 
 INSURANCE (LIFE) CLAIMS PEOCEDUEE, &c. 
 
 Preface, showing the advantages 
 
 Of a coinpauy's sui^pljing the said " Gruide,'' on the death of an assured, 
 
 for perusal by, and the guidance of his admor or exor, or other person 
 
 beneficially entitled to the amount payable. 
 
 1 — (1) Correspondence {the avoidance of superfluoiis) and (2) inquiries — 
 the said claimant would therefrom readily observe the exact nature 
 of the said procedure. 
 
 2 — Information {the fullest) in a thoroughly practical, plain, and ready 
 form, applicable to all existing circumstances and conditions — the sub- 
 stantial advantage gained by a claimant, in being supplied therewith, 
 would amply compeusate for the trifling cost of the said Guide. 
 
 3 — (1) Tinfie {a great saving of) and (2) unnecessary trouble in answering 
 inquiries and giving directions, either verbally, or in ^vriting, as to 
 a company's requirements from, and at the hands of a claimant, 
 before payment, would be thereby effected. 
 
 Contents (Schedules of) . 
 
 {A) Fonns (alphabetical schedule of all the necessar y). 
 
 {a) Abroad {where the assured dies) — the requisite forms may require 
 some slight modification, according to the exigencies of each par- 
 ticular case, but, as a general rule, must be (1) adhered to as closely 
 as possible, and (2) all signatures thereto authenticated or certified 
 by (a) the British Consul (if one), or (6) a notary public, or (c) 
 other competent British authority. 
 
 (b) Ordinarily {the forms) required in a simple case : Nos. 2, 3, 4, 5, 6, 
 7, 8, 9, and one of the forms specified in " Procedure," par. 3, in proof 
 of age. 
 
 1. Acknowledgment (a statutory), if the circumstances of the case require 
 it, of a company's right to gratuitous production, &c., of deeds, &c., 
 retained by (1) an admor, or (2) exor. This form is copyright. 
 
 2. Certificate (medical) of the cause of death by the doctor.
 
 IN8UEAN0E (lIFe) CLAIMS — FORMS. 161 
 
 3. Certificate (Superintendent Ket^istrar's signed) of the cause of 
 death — required statutory contents thereof. 
 
 4. Certificate of identity in lieu of a statutory declaration. 
 
 4a. Declaration (a statutory) or Certificate of identity of the assured. 
 
 5. Instructions (written) by a " country-claimant " as to payment of 
 amount, &c. 
 
 6. Letter (claimant's) to Co. to send cheque to his solicitor. 
 
 7. Notice (ivritten) to (1) Co., or (2) their local agent, of death of 
 assured. 
 
 8. Notice (tvritten) to Co. as to establishment of claimant's title. 
 
 9. Receipt (a form of ) for endorsement on the policy toill he supplied hy 
 the Co., if no special circumstances. interfere, after the establishment 
 of (1) the claimant's title, and (2) right to give a legal discharge to 
 them. 
 
 Forms (Life Insurance Claims). 
 
 1 . — Achno wled gment (Statutory) referred to in Sch. A, par. 1. 
 Re A. B., late of, &c. (description) , deceased. 
 
 Whereas a policy of assurance on the life of the said A. B. (herein- 
 after called " the assured ") was granted by the (name) Assurance 
 Company (or Society, as the case may be) on the (date), numbered 
 for the sum of <£ and under the annual premium of £ And 
 
 whereas the assured died on the (date) intestate, and Letters of 
 Administration to his personal estate and effects were on the (date) 
 granted to his widow and relict (name and address) (hereinafter called 
 " the Administratrix ") by the District Registry at of Her 
 
 Majesty's High Court of Justice (Probate, &c.. Division) (or) And 
 whereas the assured by his will dated (date) after appointing (names) 
 Executors of that his will and giving a legacy to his nephew as therein 
 mentioned gave all the residue of his real and personal estate whatsoever 
 and wheresoever unto and to the use of (names) their heirs executors 
 administrators and assigns according to the nature thei'eof respectively. 
 Upon certain trusts therein particularly mentioned And whereas the 
 assured died on the (date) without having altered or revoked his said 
 recited will and the same was on the (date) duly proved by both the 
 said executors in the District &c. (vide 2nd recital). And whereas all 
 the necessary (1) documents and (2) particulars required by the com- 
 pany to (a) substantiate the evidence of (1) death, and (2) identity of 
 the assured, and (b) establish the title of the said administratrix (or 
 executors) to the moneys assured or payable by or under the said ])olicy
 
 152 INSUlfe'ANCE (life) CLAIMS — POTtMS. 
 
 have been produced and furnished to and approved of by the company 
 who have this day paid the said moneys (£ ) to her (or them, as the 
 case may be). And whereas the several deeds and documents specified in 
 the K-hcdule hereto relate as well to the said recited policy as to other 
 personalty belonging to the said adraini->tratrix (or executors) and will 
 be retained by or remain in the possession of the said administratrix (or 
 executors, as the case may he) who has (or have) agreed to give the 
 acknowledgment and undertaking hereinafter contained. Now the said 
 administratrix (or execmtors) hereby acknowledges (or acknowledge) the 
 right (during and limited to the period of the custody control or pos- 
 session by such administratrix (or executors)) of the said company to 
 
 (1) gratuitous production (unless prevented by (a) fire or (b) other 
 inevitable accident) of the said scheduled documents and (2) delivery of 
 copies thereof and (3) hereby undertakes (or undertake) for the safe 
 custody thereof during the period aforesaid. 
 
 In witness whereof the said (administrator or executors) has (or have) 
 hereunto set his hand (or their hands) this (date). 
 
 The schedule above referred to. — Three cohfmns are required for the 
 following, viz. : (1) Numbers, (2) Dates, and (3) Description of the deeds 
 or documents retained. 
 
 2. — Cerflfirtiff (incd'icaV) or attestation (f the raiiite of death, to he signed 
 (in one of the four following forms) l)y the doctur who attended the 
 assured in his last illness. 
 
 1. I, A. B., hereby certify that I attended professionally upon the 
 late C. D. (add address and occupation) from the day of , 189 , 
 until the day of , 189 , wlu'ii lie died, the cause of death being 
 
 , which was induced only ]>y the usual natural causi's, and not from 
 suicide, violence, or poisoning. 
 
 2. I alscj certify that I was his usual medical attendant, and 
 
 3. That I have liccn previously consulted hy liim lor (specify 
 complaint ). 
 
 a. (1) Signature. (2) Professional titles. (3) Residence, and (4) 
 Date. 
 
 b (1) Witness to Signature. (2) Name. (3) Rebidence, and (4) 
 Profession. 
 
 2a. — Certifirafi' (Mrdira/) o /' niii.'<e (f death. 
 
 I certify that (Ij 1 liavc alt ended C. D., during a period of and 
 
 (2) he died on the day of , 189 . He appeared to be about 
 years of age. Cause of death . Duration of disease . Primary 
 disease ' , Secondary disease (if any) , Signatures, &c.
 
 INSURANOK (mFK) CLAIMS — FORMS. 153 
 
 2h. -Jilrlhs iti„l l}r,il/,.< UnfiMralinn Arl, 1S71.. Mnlinil r,rl!jir„tr nf 
 
 caiixf of d in ill Id he ijivQii by ike medical attendant to the jterson whose duty 
 
 it /"« /() (jliw it, with iufortnatioH of death, to the Retjistrar of the Sub- 
 District wherein such death tooh place, and to no other person. 
 
 1. " I hereby certify that. (1) I attended A. K. of, Sir., durin<^ liis last 
 ilhicss ; (2) that such person's a^'e was stated to he ; (13) tliat I last 
 saw liiiu on the day of 18J) ; (4) tliat he died (should the said 
 medical attendant not feel justified in takinij upon himself the responsdnliiy 
 of certifyiny the fact of death, he may here insert the words) " as I am 
 informed'' on the day of 189 , at , aii<l (5) that to the best 
 of my knowled>,'e and belief, the cause of his death was as licreunder 
 written." Then follow columns containinij particulars of the 
 
 2. Cause of death:-- {a) primary and (6) secondary. 
 
 3. Duration (the) of each form of (1) disease or (2) symj>fom: — in (a) 
 years, (b) months, (c) days, i)r ((/) hours, reckoning from its commence- 
 ment until death occurs. 
 
 4. Witness my liaud this (date). 
 
 5. (1) Sifj^nature, (2) re<^istered qualifications, and {'A) residence 
 follow. 
 
 N.IJ.— The above cerlilicatc is intended soU'ly for the use of the 
 said rcj^istrar, to whom it should be delivered (under a penalty of ^2 for 
 neglect), by the person giving inforniiition to him of the particid;irs 
 required by law to be registered concerning death. 
 
 Certificate (medical) of cause of drutii. 
 
 2c. — I, A. Ji., now practising as at, do certify, as follows, viz. : 
 
 (1) That I attended the late C. D., of, &c., in his last illness. 
 
 (2) That his death took place on the day of 189 . 
 
 (3) That it was, to the best of my l)elief, })roduced by (specify the 
 cause of death), the lirst ;i,ttack of whii'h occurred on or al>out the 
 day of 189 , and 
 
 (4) That although I have aitcndctl him jirofessionally fur the jieriod 
 of , I have never heard or known that he had pn-viously sniYcn'il 
 from (1) th(^ diseasi' ahove stated as the cause of his death, or (2) any 
 other ccmiplaint, which, to the best of my belief, could have occasioned 
 his death. 
 
 Dated this day of 189 . (1) Signature, (2) Qualifications, and 
 
 (3) address follow in 3 separate lines. 
 
 3. — Certificate (Superintendent Registrar's signed) of the cause of death
 
 164 INSURANCE (life) CLAIMS FORMS. 
 
 (printed hy the Registrar General's authority). Required statutory contents 
 thereof. 
 
 (I) Number. (2) When and where died. (3) Name and Surname. 
 (4) Sex. (5) Age. (6) Rank or Profession. (7) Cause of death, (8) 
 Informant's (a) Signature, (h) Description and (c) Residence. (9) When 
 registered, and (10) Registrar's Certificate, as follows : — 
 
 " I, {name) Registrar of Deaths for the District of, &c., do hereby 
 certify (a) that the foregoing is a true copy of an entry in the register 
 book of deaths in the said district, and (5) further certify that the said 
 register book is legally (or now lawfully) in my custody, as the Superin- 
 tendent Registrar of the said District of, &c. (pursuant to the under- 
 mentioned statutes)." 
 
 (II) Stamp Id. (12) Date. (13) Registrar's Signature. 
 
 4. — Certificate of identify (iti lieu of the Statutory Declaration 4a), 
 
 signahle by some disinterested respectable person able to certify as to the 
 facts. 
 
 I, A. B., of, &c., do hereby certify that C. D., referred to in the 
 annexed (1) Medical Certificate, and (2) Registrar's Certificate, is the 
 person whose life was assured in the (name) Assurance Office by their 
 Policy No. , and who is therein described as residing at and by 
 occupation or profession (state it). Dated, Signature, Occupation or 
 Profession follow. 
 
 4a. — Declaration (a statutory) of identity, to be made by a friend (of (a) 
 
 known good character and (b) responsibility), of the assured (able to declare 
 to the facts), who has no pecuniary interest in the policy. 
 
 Stamp, 2s. M. 
 
 I, A. B., of, &c. (residence and occupation, or quality, to be inserted at 
 full length), do solemnly and sincerely declare as follows : — 
 
 (1) That I believe the paper writing hereunto annexed, and marked 
 " A," contains a true copy of the entry in the register book of deaths in 
 the district of , and relating to the death of C. D., late of, &c., whom 
 I well knew. 
 
 (2) That I was personally acquainted with the said C. D. mentioned 
 in the said paper writing for years previous to his decease, and who 
 was the same person who is mentioned and described as C. D., in a 
 certain Policy of Assurance, issued by the (name) Assurance Company, 
 bearing date the (date), and numbered (No.). 
 
 (8) And I make this solemn declaration, conscientiously believing the
 
 INSURANCE (life) CLAIMS — FORMS. 155 
 
 same lo be true, and by virtue of the provisions of the " Statutory 
 Declarations Act, 1835." Declarant's signature. 
 
 Declared by the said A. B. at, &c., before me {signature), 
 
 (a) A Commissioner to administer oaths in the Supremie Court of 
 Judicature in England, or 
 
 (h) A Justice of the Peace acting in and for the county borough 
 of aforesaid. 
 
 5. — Instructions {written) by a Country -claimant (a) as to whom pay- 
 ment is to be made on his behalf, or {b) recj^ucat tiiat the (dieque shall be 
 sent lo him direct, if he does not attend personally at the Co.'s head- 
 office to receive the amount [layable to him : — 
 
 Re A. B. deceased. I, the undersigned, as (1) Administrator of the 
 personal estate and effects {or (2) Executor under the last will) of the 
 said deceased, do hereby request, authorise, and empower you to pay to 
 {nominee's name, address, and description) on my behalf, the amount 
 payable to me as such Administrator {or Executor) as aforesaid, under 
 the Policy of Assurance, dated {date) and numbered {No.) effected by the 
 deceased with your company. This shall be your sufficient authority 
 and indemnity for such payment. (1) Signed by the claimant, and (2) 
 duly attested as directed in par 11. 
 
 6. — Letter {claimant'' s) of request to the Co. to send cheque {jjayahle to 
 
 claimant's order) to his Solicitor. 
 
 I, &c. {vide form 5) to send to my solicitor {name and address) a crossed 
 cheque, payable to my order only, for the amount &c. {vide form 5). 
 
 7. Notice {written) to (1) the Co., or (2) their Secretary, or (3) local 
 
 agent on the death of the assured. 
 
 " As Solicitor for and on behalf of (1) the intended Administrator or 
 Administratrix {as the case may he) or (2) Messrs. A. B., of , and 
 C. D., of &c., executors under the last will of the late E. F., formerly of 
 &c., and whose life was insured in your company under a policy dated 
 {date) and numbered , I beg to (1) give you formal notice of his 
 decease on the {date), and (2) request that you will, in due course, pay 
 over to him {or them) the amount due thereunder. The Letters of 
 Administration to the deceased's personal estate and effects, or probate of 
 the testator's will {as the case may be) shall be produced for your com- 
 pany's inspection immediately after the grant thereof." 
 
 8. Notice {Solicitor's written) to the Co.'s Secretary ax to the c^tdhlish- 
 
 ment of a claimant's title.
 
 156 INSTJEANCE (lIFE) CLAIMS FORMS. 
 
 Ee A. B, deceased. The necessary evidence required Ly your Directors 
 to (1) substantiate the death and identity of the assured, and (2) estab- 
 lish my client's right to receive, and give them a legal discharge for the 
 amount payable, having been accepted as satisfactory, I shall be obliged 
 for the formal receipt therefor to be endorsed on the policy, to enable me 
 to close the matter as soon as practicable. 
 
 (B) Procedure (alphabetically classified Schedule of the 
 necessary) — vide N.B. at the end of p. 160. 
 1 — Abroad (where the assured dies), vide Schedule A., par. h. 
 2 — Administrator {where the claimant is an) under an intestacy, jmr. 
 
 22-6. 
 3 — Age of the assured— 3 alternative modes of proof thereof, 
 4 — (\) Assignment (in case of an), or (2) other dealing tvith the policy, 
 
 22—2. 
 5 — Assignment (two cases wherein said), &c., will he retained by the Co., 
 
 22— S. 
 Q — (1) Assignment {in case of an) or (2) other dealing relating to other 
 
 propeHy, 22 — 4. 
 7 — Banhruptcy {in case of), of (1) assured, or (2) other person interested 
 
 in policy. 22 — 5. 
 8 — Bonus (as to the applicaton of a) — observations thereon. 
 9 — Bonus (" contingent apportionment" of a) — observations thereo •. 
 10 — Certificate No. 3 in Sch. A. — anne::ation thereof t) form No. 4 
 
 therein. 
 11 — Declaration {form No. 4, Sch. A.) — " precautions " strictly observable 
 
 by declarant thereto. 
 llrt — Executor {where claimant is an) under will of assured, 22 — 8. 
 12 — Identification (as to claimant's) before payment, if recj_uired. 
 13 — Intestacy {in case of the) of an assured, 22 — 6. 
 14 — Legality of claim — Directors' (1) investigation into, and (2) decision 
 
 thereon. 
 15 — (1) Mortgage {in case of a), or (2) other security, dealing vnth the 
 
 policy, 22 — 7. 
 16 — Notice {one day's) is generally required by the Co. before payment. 
 17 — Payment to (on presentation of policy through) a banker. 
 18 — Receipt for amount payable — four cases wherein the " attested 
 
 signatures " of all parties are required. 
 19 — Receipt {attestation of the) of a 'country-claimant," who does not 
 
 attend at the Company's head-office to receive the amount.
 
 INSURANCE (life) CLAIMS PROCEDURE. 157 
 
 20 — " Retainer " (when the) of (1) an Assignment, or (2) other dealing 
 ivith a 'policy is justifiable, 22 — 3. 
 
 21 — Settlement {before) — Schedule of documents transmittible to the Co. 
 to complete thie claimant's title. Ac, pars. \ to Q incl. 
 
 22 — Settlement (before) — Schedule of the miscellaneous requirements to be 
 complied with before the Co. 's cheque or draft for the amount pay- 
 able can be di*awn. pars. 1 /o 8 incl. 
 
 23 — Will (where the) of the assured has been duly proved, 22-8. 
 
 Procedure (Life Insurance Claims). 
 
 Docvnie7its and paiiiculars, &c., to be left at the company's head 
 office (full address of which must be furnished to the claimant), at 
 least 7 days before the claim becomes due — Vide Schedule " A." 
 
 N.B. Payable (when a claim under a life-policy is generally) — 
 within 8 days after satisfactory proof of (1) the death of the 
 assured, and (2) claimant's title has been deposited with the Co. 
 3 — Age of the assured — 3 alternative modes of p)r oof thereof . 
 
 1. Baptism-xl (a) certificate, if it records the date of birth. 
 
 2. Bible (a family) — an extract therefrom (verified by a statutory 
 declaration), if No. 3 (Register of births) cannot be obtained. 
 
 3. Register (public) of (1) baptisms or (2) births — an extract therefrom. 
 
 4. Woma7i (a married) assured — in her case a certificate of marriage 
 must also be furnished, as evidence of identity. 
 
 8 — Bonus (the various circiimstances and conditions under, and upon which 
 a) or bonuses thereto is, or are), (1) payable, or (2) not payable — it 
 has been deemed advisable to specify the same concisely, for the 
 information of an admor, or exor, whcise intestate, or testor, has 
 died within 3 yrs from the date of his policy, in order to avoid 
 any unnecessary trouble in making fruitless enquiries respecting 
 same. 
 1. Bonus (a) accruing on a division of profits amongst life-policy holders 
 may be applied in any one of the 3 following ivays, viz : 
 
 1. Addition (by) to the policy, payable with the sum assured there- 
 under, or a 
 
 2. Payment in cash, in due course, after the declai*ation of such 
 bonus, or a 
 
 3. Reduction of all future annual premiums. 
 9 — Bonus (" contingent apportionment " of a) — 
 
 1. Rule (general) as to same. The Company's " Deed of Settlement'*
 
 158 INSURANCE (life) CLAIMS PROCEDURE. 
 
 provides that a bonus shall not become due, or payable, until the 
 policy has been in force for 3 complete years. It is apportioned 
 contingently on the assured living to pay his 4th annual 'premium. 
 2. Variation of sd rule — it is variable, of course, according to each 
 comnany's deed of settlement. 
 
 10 — Certificate (the superintendent registrar's signed) of the cause of 
 death (usually entered by him from the (1) coroner's or (2) doctor's 
 information), must be (a) annexed to the declaration of identity, 
 and (h) signed by (1) the commissioner, &c., or (2) justice of the 
 peace before whom the latter is taken. 
 
 11 — Declaration {statutory) of identity of the assured. " Precatitions" 
 strictly observable by the declarant thereto. 
 
 1. (1) Abroad (if made), or (2) in any colony before a notary. His 
 signatui'e must be duly authenticated by a competent British 
 authority. 
 
 2. England (if made in), &c. — it must be before (1) a commissioner, 
 &c., or (2) justice, &c. 
 
 3. " Exhibits " thereto — The death certificate must be marked as 
 follows : 
 
 1. " This is the certificate of death marked "A," referred to in the 
 annexed statutory declaration of A. B., taken and declared before 
 me this (date)." 
 
 2, Attach said certificate to latter, after being signed by the 
 commr or justice. 
 
 4. False (statutory punishment for a) declaration — By the Statute 5 &6 
 Will. 4, c. 62, any person making same is (1) guilty of a mis- 
 demeanour, and (2) on conviction, punishable by (a) fine, or (b) 
 imprisonment with, or without, hard labour. 
 
 12 — Identification (as to claimanfs) before payment, if required. 
 
 1, Persons attending personally at the company's ofiice in («) London, 
 or (b) elsewhere, to receive the amount, must, if required, be 
 identified. 
 
 2. Woman (as to a married) assured — vide par. 3 (4). 
 
 14 — Legality of claim — Directors' (1) investigation into, and (2) decision 
 thereon, on the necessary evidence being submitted to them. 
 
 17 — Payment to (on presentation of p)olicy through) a London banlcer — 
 either (a) on his own "executor-customer's" account, or (b) as 
 agent for, and on behalf of the country banker, is allowed ; the 
 adoption of this course is the safest and most expeditious. 
 
 18 — Receipt (4 cases wherein the " attested signatures " of all parties are
 
 INSURANCE (life) CLAIMS PROCEDURE. 159 
 
 required to a) — If the amount is payable to (1) an admor, (2) 
 
 assignee, (3) exor, or (4) trustee. 
 19 — Receipt (attestation of the) of a "country-claimant" who does not 
 
 attend at the company's head office to receive the amount. It must 
 
 be attested by (1) one of their agents, or (2) a clergyman of the 
 
 parish, or (3) a magistrate. 
 21 — Settlement (before) — Schechde of documents tratismittible to a Co. to 
 
 complete the claimant's title, &c , in a special case. 
 
 1. Acknoivledgment (the statutory), &c., specified in Schedule A, No. 1. 
 
 2. Bonus certificate, or certificates (if any). 
 
 3. Instructions (^vritten) by a country claimant — vide form No. 5. 
 
 4. Letter (Claimant's) to Co. to send cheque to his solicitor — vide 
 form No. 6. 
 
 5. Policy of assurance, and 
 
 6. Receipt (the renewal) for the last premium paid. 
 
 22 — Settlement (before) — Schedule of the miscellaneous requirements to 
 be complied with before the Go's cheque or di'aft for the amount 
 payable can be drawn. 
 
 1. Notice to the company — That the claimant is in a position to (1) 
 receive, and (2) give them a " legal discharge " for the amount. 
 
 2. (1) Assignment (in case of an) or (2) other dealing with the policy. 
 All (a) deeds and (6) other documents necessary to substantiate the 
 claimant's title must also be sent to the Co. 
 
 3. Assignnient (2 cases wherein the said), &c., ivill be retained by 
 the Co. 
 
 1. Reversionary interest — if it relates to property which has "fallen 
 in " by the death of the assui*ed. 
 
 2. Sole interest — if it relates solely to the policy whereunder the 
 claim is made. 
 
 4. (1) Assignment (docximents lodgable at the Go's head-offi,ce, for 
 examination, in case of an), or (2) other dealing, relating to other 
 property. 
 
 1. Abstract (an) of that part of the deed referring to the policy in 
 question, or 
 
 2. Copies thereof, with the 
 
 3. Originals, and (4) a Chronological Schedule thereof, for reference, 
 if, and when, required, (all at the claimant's expense). 
 
 N.B. Originals (such) xvill, on, or before payment of the claim, be 
 returned, upon an " Undertaking " (vide form No. 1) being given for 
 their gratuitous production to the Co., if, and lohen, required.
 
 160 INSURANCE (lIFE^ CLAIMS PROCEDTTRE. 
 
 5. BanJcrujjtcy (in case of the) of (1) the assured, or (2) other person 
 interested in tbe policy, furnish to the Co. an " office-copy " (in verifi- 
 cation) of the Trustee's statutory appointment. — 
 
 6. Intestacy (in case of the) of an assured, &c. — Letters of Administra- 
 tion to his personal estate and effects must be left at the Go's office, 
 for (1) inspection, and (2) registration, if the claimant is an Admor. 
 
 7. (1) Mortgage {in case of a), or (2) other security, dealing with the 
 
 policy. The receipts of the (a) mortgagee, and (fc) mortgagor, or 
 
 (c) their respective representatives (as the case may be), must be 
 obtained. 
 
 8. Probate of the willoi an assured must, if the claimant is an exor, be 
 left as specified in sub-par. 6. 
 
 N.B. — The 2nd and 2rd numbers in Schedule B. (pp. 156/7, pars. 
 1 to 23 inclusive), represent the respective pars, and sub-pars, relating 
 to " Procedure " from pp. 157 to 160 incl.
 
 APPENDIX L. 
 
 Legacies (the general law affecting and incidental to). 
 
 1 — Action (legatee's) at common laiv agst an exor for the recovery of a 
 legacy : — vide " Recovery," SKb-^tar. 24. 
 
 '2 — Annuity (an) charged specifically by will xipon realty, insufficient 
 (after absorption of pslty) to keep down payments :—for the effect 
 thereof npon general legacies thereby given, vide " Miscellaneous." 
 
 S — Assent (exor's) to a specific legacy : — his acknowledgment that the 
 latter is (1) not required for jjayment of tester's debts, and (2) 
 belongs to the legatee — vide ^'' Executors," p. 105, par. 70a. 
 
 4 — Attesting witnesses — their (a) disabilities, and (h) rights, dx. 
 
 1. Child (a legacy to the) of an attesting witness is good. 
 
 2. Incompetency (the) of an attesting witness (1) at the time of, or (2) 
 after exon of a will does not invalidate it (W. A., s. 14). 
 
 8. Void : — legacies to (1) an attg ws, or the (2) husband, or (3) wife 
 of one, are void, but the " attester " will be a good ws to prove (a) 
 exon, or (b) validity of wl (W. A., s. 15). 
 ■ia — Bequest (effect of a specific) to A., in conson whereof (a) he shall pay 
 festo/s debts (which far exceed its value), and (b) tester makes him his 
 (1) exor and (2) residuary legatee. 
 
 1. Acceptance (result of) by A. : — As he cannot take it without its 
 l)urden, he will be bound to pay the sd debts in full. 
 
 2. Personal (when A. is freed from) liability. — When the estate is 
 exhausted in paying debts ( (1) Re Cowley, 53 L. 494 ; (2) Syer v. 
 Gladstone, 30 Ch. Dn. 614). 
 
 3. Residue (as to the) : — he is not entitled thereto until all del)ts are 
 paid ( (1) Guthrie Y. Walrond,2-2 Ch. Dn. 573; (2) Re Hotchky's; 
 Freeke v. Calmady, 32 id., 408; 55 L. 110; (3) Messenger v. 
 Andrews, 4 Russ. Ch. Ca. 478). 
 
 5 — Charitable legacies: — Appendix L. 1. 
 
 S — Classes (8) of legacies -.—their several (a) advantages, (2) disadvantages, 
 and (3) incidents. 
 1. Accumulative : — whereby (a) the same, or (b) a subseijuent instru- 
 ment, an (idditional provision is niado for a legatee.
 
 162 LEGACIES. 
 
 la. Accumulative (rules of equity in regard to an) legacy in the event of a 
 repetition in 2 separate testamoitary instruments, as a ivilland codicil: — 
 in the absence of a contrary intention, if a legacy of the same anit 
 be repeated therein, prima facie the legatee is entitled to both 
 legacies ( (1) Hooley v. Hutton; (2) Hurst v. Beach, 5 Madd. 358 ; 
 (3) Ridge v. Morrison, 1 Bro. C. C. 389). 
 
 2. Contingent : — if the legacy is not due (1) till some act is done, or 
 (2) event happens, whereon its vesting is conditional, or (3) is given 
 only on the happening of some contingency, e.g., a bequest to A. (a) 
 at, or (b) if he attains 21, or (c) if testor meant that there should 
 be no gift at all unless the object of his bounty lived to the time 
 named. 
 
 3. Demonstrative : — a gift of a certain sum, to be pd out of a specific 
 sum. 
 
 1. Advantages (2 circumstances under which it has the) of a specific 
 legacy. 
 
 1. Abatement (in regard to). 
 
 2. Ademption (it is not liable to) by the fund indicated being- 
 parted with by testor i?iter vivos. 
 
 2. Disadvantages (its) : — it does not carry accruals, interest, &c., 
 from his death, ivhilst a specific legacy does. 
 
 4. General (a) : — its several (a) advantages and (b) disadvantages over a 
 spjecific legacy. 
 
 1. Abatement : — it is liable thereto rateably, if there is insufficient 
 to pay the whole of tester's debts, and legacies bequeathed by 
 wl, and ivill all be applied in payment of debts before specific 
 legacies are affected. 
 
 2. Ademption : — it is (a) not liable to, and (b) cannot be lost 
 thereby, e.g., if a testor possessed of £6000 Ret^uced d63 per 
 Cents. (1) gives ^£2000 R. £3 P.C. to B., and (2) afterwards 
 sold same, and (3) died, the bequest, being general, is not liable 
 to ademption, and (4) B. is, therefore, entitled to have that 
 amt of stock (subject to the deduction or payment of duty), trans- 
 ferred to him by the exors. 
 
 3. Definition thereof: — a bequest of an unspecifiei part of the 
 testor's pslty, e.g., "a diamond ring," which will, of course, be 
 
 . sjjecified by delivery of any diamond ring ; in other words, one 
 
 payable out of general assets. 
 
 5. Indefeasible : — one which the occurrence of no event can take from 
 the legatee ; the legacy may be vested, Ijut the happening of some
 
 LEGACIES, 163 
 
 event may divert it into auotlier channel; if so, it is not 
 indefeasible. 
 —Specific (a) leijacy : — illustrative cases as to same. 
 
 1. Abatement: — only takes place for payment of debts, but if a testor 
 (1) gives a s})ecific bequest to A., and (2) directs that, in conson 
 thereof, A. shall pay testor's debts, and (3) makes A. his exor and 
 residuary legatee, but (4) sd debts exceed the value of the bqt, he 
 will, if he accepts it, be bound to pay them in full, /or (a) he cannot 
 take a specific legacy without its burden, and (b) as to the residue, is 
 not entitled thereto until all debts are pd. 
 
 2. Ademption : — it is liable thereto by testor's act in his lifetime, if he 
 parts with the sd diamond ring, as ademption only applies to specific 
 legacies. 
 
 E.g. : — If a teste •, possessed of (1) =£2000 Consolidated <£3 per 
 Cents. (Consols), and (2) dSGOOO Eeduced 3 P.C.'s. («) gives same 
 to A., and (6) afterwards sold same, and (c) died, such bqt, being 
 specific, is thereby adeemed. 
 
 3. Bonus {right to the) of shares in a Co : — if, by wl, same are settled 
 in trvist for (1) A. for life, and (2) after his death for B. absolutely, 
 and a bonus (whether of (a) additional money, (6) shares, or (c) 
 stock), is declared by the Co. thereon, it will, as a rule, be considered 
 a portion of the capital, but if it be nothing more than an increase of 
 dividend arising from profits for (1) the current year, or (2) any given 
 number of yrs, it will belong to the life-tenant, but see In re Botich, 
 Froude v. Bouch, 29 Ch. Dn. 635. 
 
 4. ■' Consumables" : — a gift of articles quce ipso usu consumuntur, e.g., 
 wines, to (1) A. for life, and (2) after his death to B., will vest the 
 whole ppty in A., who may (a) consume, or (b) sell them, and (c) 
 on whose death, if imconsumed or unsold, same will vest in A.'s 
 personal repres, but if the articles form a portion of testor's stock-in- 
 trade, &c. — vide sub-par. 12. 
 
 5. Definition. A bequest of a specified part of testor's pslty. 
 
 6. Examples (3): — (1) Consols (=£100) now standing in my name at 
 the Bank of England. 
 
 (2) Ring (the diamond) presented to me by A. 
 
 (3) Stock {my ^2000) in the Lomlon and North- Western Ey Co. 
 6«. Farm-produce (a bequest of) : — vide sub-par. 12. 
 
 7. Furnittire {legacy of): — vide par. " Furnitiire " {Miscellaneous). 
 
 8. (1) Mortgage (effect of testor\s stibsequent) of sd stock, and (2) death, 
 leaving it .so mortgaged : — This is not an adem])tion ; the exors must 
 
 M 2
 
 164 LEGACIES. 
 
 pav the nitge, as the legatee is entitled to Ivtve the sd stock unincum- 
 bered ; 40 1 v., c. 34, is inapplicable to pure psJtij (Bothamleij v. 
 ShersoH, 44 L. J. Ch. 489). 
 
 9. Possession cinnot pass to the legatee, unless the specific chattel he 
 in tester's possession at his death. 
 
 10. Priority (specific legacies have) over general legacies in the admoii 
 of assets in case of a deficiency thereof. 
 
 11. Stock in the funds : — a heques'. or legacy thereof must so identify 
 such stock that it could not apjjly to any other. 
 
 12. Stock (a gift of a portion of testors)-in-trade (vide sub-par. 4): — 
 such as (1) farni-in*oduce (a farmer's ppty), or (2) wines (a wine- 
 merchant's ppty), they must be («) sold, (h) proceeds invested, (c) 
 income paid to A. for his life, and (d) the capital, after A.'s death, 
 will vest in B. 
 
 13. Watch (bequest of (() in the hands of a watchmaker (tvho wrongly 
 refuses to deliver it up at testor's death) : — As all testur's pslty vests 
 in his exor, such exor must (1) recover, and (2) hand over the watch 
 to B., when all the debts are paid. 
 
 14. Wines (a bequest of) — vide sub-par. 12. 
 
 7 — Substitutional legacy : — one given in lieu of a previous one. 
 
 7a — Substitutional (the rules of equity in regard to a) legacy in case of a 
 repetition in one and the same testamentary instrument: — prima facie, 
 the legatee is entitled to the legacy only ( (1) Garth v. Meyrick, 1 
 Bro. C. C. 30; (2) Holford v. Wood, 4 Ves. 75; (3) Manning v. 
 Thesiger, 3 Myl. & K. 29). 
 
 8 — Vested: — an indefeasible one, due directly testor dies, when his 
 Avords C'-nvey (1) an immediate, or (2) a present interest to the 
 legatee in the legacy. 
 
 8a — Vested (example of a) legacy : — A. by his will (a) gives a legacy to B. 
 (a stranger, and an infant), and (b) directs his esors to pay it on 
 B.'s attg 21, but he dies binder 21, and (c) after A.'s death ; B.'s admor 
 (as his personal repre) will be entitled thereto, for a beqt to B. (1) 
 to be pd, or (2) payable at, or (h) ivhfn he attains 21, or any other 
 specified time, is vested. 
 
 Sb — Construction (rules of) in deriding on ihi^ (a) interpretation and (b) 
 validity of the following : — 
 
 1. Beqttests (purely personal) — equity iui})lioitly follows the civil law 
 rules, as formerly recognised in the Ecclesiastical Courts. 
 
 2. (1) Devises and (2) legacies- charged on land: — the common law 
 rules are generally followed.
 
 LEGACIES. 1<J5 
 
 Sr — Death (effect of a legatee s) before the day of jiui/nirut, irhere the leijanj 
 is charged on (a) persotialtt/ and (b) realtij. 
 1. Personalty only remains charged (the legacy lajining, so far as it is 
 charged on realty), if the time of payment has regard to the legatee 
 personally, and not to the owner's (1) convenience or (2) estate, 
 •2. Secvs, where the legacy charged on realty has regard to its post- 
 ponement to (1) the estate itself, or (2) its owner, and not to the 
 legatee (Parker v. Hodgson, 4 L. T. 762.) 
 1* — Distinct (legatee's rights in case of 2) legacies by irill as follows : — 
 
 1. Beneficial (a) legacy: — he may take it (Guthrie v. Walrond, 22 Ch. 
 Dn. 573.) 
 
 2. Onerous (an) legacy. — may l.)e disclaimed (Guthrie \. Walrond). 
 9ii — Furniture (a legacy of) to A. fo'- life, dx. — vide ''Furniture" 
 
 (Miscellaneous) . 
 
 lO—hifanVs (an) legacy — A legacy payable to him on (1) his attg 21, 
 or (2) at some futnre period (the interest of which is directed by wl 
 to be applied for his benefit until payment), benig a vested legacy, 
 duty is payable on the amt or value thereof forthwith, and the 
 official foi'm therefor must be (a) filled up, and (b) signed as a 
 retainer of such legacy in trust for his use. 
 
 11— Infant's (investment of an) legacy or share, &c. — vide p. 103, par. 
 62a (1 and 8). 
 
 12 — Interest on a pecuniary legacy, in tin' absence of any direction to 
 allow it in the will. 
 
 1. Future (on a) legacy — Equity will allow int. from tcstor's death on 
 a legacy (altho' contingent), payable at a future time, when the 
 following circumstances exist, viz : — 
 
 1. Events (2)— when it is to be pd, (1) at 21 {which is cdtained), 
 or (2) on marriage (which takes place in testor's lifetime). 
 
 2. Majority (legatee's) — when payal^le at 21, which is attained. 
 
 3. Marriage (on legatee's), which takes place in the testor's life 
 time. 
 
 4. Provision (sole) — when there is no other provision for maintenance. 
 
 5. Bel at ionshij)— when testor was (1) the parent of, or (2) stood 
 in loco parentis to the legatee. 
 
 2. Parent's provision for his child — Whenever a legacy is given as 
 such, though payable at a future day. 
 
 3. Pecuniary {a) legatee is entitled to int at ^£4 p. c. p. a. from a yr 
 after testor's death, where (1) no rate or (2) time is mentioned in 
 the wl.
 
 1(36 LEGACIES. 
 
 13 — Interest (arrears of) on a Jeyacy — only 6 yrs are recoverable (3/4 
 Wm 4, c. 27, s. 42). 
 
 14 — " La^se" {cases wherein there is no) or failure of the interest of (a) 
 a devisee or (h) legatee, by his death in the testors lifetime, tmless a 
 contrary intention appears in the v:l {W. A., s's. 32 S). 
 
 1. (1) Child (a), or (2) other issue of testor, dying, &.C., leaving issue 
 living at tester's death — a devise or legacy given (not for life merehj) 
 to hiiu. 
 
 la. Result in sd case — The interest goes in such manner as if such 
 deced issue had survived the testor, e.g., (1) A., seized of 3 free- 
 hold estates, dies, having devised No. 1 to his sou Thomas, No. 2 to 
 a nephew, and the residue of his ppty to his son James in fee 
 resply ; (2) all the devisees died in A.' s lifetime, leaving issue at his 
 death ; (3) No. 2 only lapses and falls into the residue. 
 
 2. Class (a gift to a) of persons, and one dies, d-c. — share goes to 
 survivors. 
 
 3. Devisee of (1) an estate-tail, or (2) quasi-entail, dying in testor's 
 lifetime, leaving issue inheritable thereunder, living at testor's 
 death. 
 
 4. Joint (to several perso7is as) tenants — Vide No. 1 and sub-par. 
 
 15 — Lapsed (definition of a) legacy — one that fails by the death of (1) 
 the devisee or (2) legatee in testor's lifetime, if given on the 
 happening of some contingency, e.g., as if legatee (who dies before) 
 shall attn 21. 
 
 16 — Lapsed (what becomes of a) devise of realty : — it "nill (1) fall intu and 
 form part of the general residuary estate, and (2) pass accordingly, 
 unless a contrary intention appears. 
 
 17 — Lapsed (what becomes of a) devise of realty, if there be no devise of 
 the residue: — It will go to the heir-at-law, as formerly (s. 24), e.g., 
 if A., by wl, (b) devises " Blackacre " to B. (who dies in A.'s lifetime) 
 and (b) gives the residue of his realty to C, Blackacre will go 
 toC. 
 
 18 — Legatees (residuary) are bound to wait a year, if the exors require it. 
 
 18a — Limitations (effect of the St of) on a legacy, since 1 1 '75 (37/8 V., 
 c. 57, «. 8). 
 
 1. Barred {when) -. — at the end of 12 yrs after a pivsent right to 
 receive it accrued to some person capable of giving a discharge for 
 it, unless, &c. vide sub-par 2. 
 
 2. Inoperative (cases wherein sd Statute is) and does not affect a 
 legacy : —
 
 LEGACIES. 16" 
 
 (1) Acknowledgment {where some written) of the right thereto has 
 been given within 12 yrs, or 
 
 (2) Interest thereon has ])een})aid within snch 12 yrs, or a 
 
 (3) Part j^Hnjment of the legacy has been made within tlie like 
 period. 
 
 (4) Trust (a legacy secured by an express) in the trustee's hands, 
 unless charged on land, is inibarrable, as time does not run 
 against it. 
 
 19 — Marriage {exception to the general principle that a condition in 
 general restraint of) is void: — A gift of pslty, to trustees, npon 
 trust to (1) pay the income to (a) testor's widow, or {b) testatrix's 
 widower, for life, (2) subject to a proviso for cesser, in case of the 
 legatee's remarriage, ivill be determined, in each case, by the latter. 
 
 20 — Married {a) tooman — a legacy to her after 1 1 83, vide sub- 
 par. 30 (2). 
 
 21 — Mortgage {exor's poiver to) or "raise money" for payment of a 
 testor's {a) debts and (b) legacies — Where the whole estate referred to 
 in sub-par. 22 is 7iot devised to trustees, ttc, exors have the same 
 power (ss. 14 and 16). 
 
 22 — Mortgage {trustee's poiver to) or " raise money " for payment of a 
 testor's {a) debts and (b) legacies. 
 1. Circumstances under tvhich, other than {a) an express trust, or (&) 
 power for that purpose, sd mtge is allowed : — Where a tester, since the 
 " Law of Property Act, 1859" (22/3 V. c. 35, ss. 14/16), by his wl 
 (1) charges his realty, or any part of it, with the payment of his 
 debts or legacies, &c., and (2) devises the whole estate charged to 
 trustees, and (3) makes no exj^ress provision for raising the same 
 thereout, such trustees, or the survivors, may raise same by {a) 
 mtge, or {b) sale of the estate (s. 1). 
 
 23 — Payment {points to be borne in mind in advising an exor as to the) of 
 legacies given to a testor's children, some of whom have married since 
 the date of the will, but in his lifetime. 
 
 1. Ademption and satisfaction — Inquire whether anv legacy has been 
 adeemed, &c., by a gift to a child by, and in the lifetime of the 
 testor. 
 
 2. Legacy (o), 7iot exceeding d8200, to any daughter (married since 
 9/8/70, and acquired before 1/1/83, will {subject to any settlement), 
 (1) belong to her for her se2)arate use, and (2) her rect alone will 
 be a good discharge therefor (33/4 V. c. 93, s. 7). As to a 
 
 3. Legacy (1) exceeding d£200, and (2) acquired between sd dates : —
 
 168 LEGACIES. 
 
 Inquire of the wife if she wishes to enforce her equity to a settle- 
 ment before paying it over to her husband. 
 4. (1) Marriage (in case of a) (a) before or (h) since 1882, atid (2) 
 acquisition of her title since 1882, her rect alone (whatever the amt), 
 will suffice, unless there is a settlement thereof, which prevails. 
 24 — Recovery {an unpaid legatee's alternative remedies for) of his legacy — 
 
 1. Action (no) ivill lie at common laiv to recover a legacy, unless the 
 exor has assented thereto, for the two following reasons, viz. : — 
 
 (1) Insufficient (because the estate may be). 
 
 (2) Just (a man must be) before he is generous. 
 
 2. Chancery Dn. : — if payment of a legacy be withheld, the legatee 
 may bring an a e therein to wind uj) the estate, but he cannot biing 
 the former apart from the latter, except as raentd in sub-piar. 4 hereof. 
 
 3. Common {circumstances under ivhich sd) lav; a c can be brought by a- 
 legatee apart from an admon a/c — when the legacy is (1) specific, 
 and (2) the exor has assented to it. 
 
 4. County (proceedings in the) Ct may be instituted in cases where 
 tester's estate does not exceed ,£500 (51/2 V. c. 43). 
 
 5. Eqtntable principles ivhereon a legatee is entitled to sue as aforesaid — 
 1. Trustee (that the exor is treated as a) for the legatee's benefit. 
 
 2 Want (the) of any other remedy : — on account thereof ; the reason 
 being founded on the maxim " that equity will not sujfer a right 
 to be without a remedy (vide 21/22 V. c. 77, s. 23). 
 
 6. Futuro (legacies payable {»), whether (a) contingent, or (b) other- 
 wise, the Ch. Dn. will adoj^t one of the following two courses, 
 viz. : — 
 
 1. Payment (order) of the fund into Ct, or 
 
 2. Security by the exor will be compelled. 
 
 25 — Residtie (effect of a beqt of the) of a testors pslty to several persons 
 "as tenant in common," vrhere one of them (not being testor's son, 
 or other issue) dies in his lifetime — 
 
 1. (1) Lapse (his share ivill), and (2) go to the testor's next-of-kin. 
 
 2. Lapse (there is no), if the residuary legatees are described (1) in 
 general terms only, and (2) as constituting a class. (Ackroyd v. 
 Smithson, 1 L. 0. Eq. 949, &c., 5th ed. ; Burt. Compendium, pp. 
 276/8 ; Theobald on Wills, 554/8, 3rd ed.) 
 
 26 — Sale ( (1) an exor's or (2) trustee's statutory power of) of an estate 
 for pjayment of (a) debts and (b) legacies — vide sub-pars. 21 2. 
 
 27 — "Satisfaction" of a debt (by a pecuniary legacy) to a creditor of 
 testors — vide p. 81. par. 10, sub-pars. 1, 2, and 3.
 
 LEGACIES. 169 
 
 27a — " Satisfactiou " (illustrative case as to a) of a legacy — If A. owed ( 1) 
 B. .£500, payable forthwith, and (2) C. ^100, payahle three years 
 hence,a}id (3) by his wl l>e(|ueathed a£200 each to B.aud C. resply ; the 
 legacy to B. (being smaller than the debt) is no sfn (Eastwood v. Viitke, 
 8 P. Wins. 617) ; Secus as to C.'s legacy, same being (a) payable at 
 an earlier date, and (b) therefoi'e, more advantageous, would be 
 deemed a sfn, even if it was equal (Watt en v. Smith, 4 Mad. 325), 
 and here it is greater in amt. 
 
 28 — Specific legacies — for illustrative cases as to same, vide par. 6 (Qa). 
 
 29 — Successive legatees. 
 
 1. A legacy or residue given to different persons in succession liable to 
 different rates of duty : — they who take for (a) life only, or (b) other 
 temporary intei'est, are to pay as annuitants, and (c) when any 
 person or persons shall Ijeconie entitled to the ppal, or (d) upon the 
 death of a life-tenant all remaining persons in succession shall be 
 liable to the same rate of duty, then duty must be paid upon the 
 ppal, as if same had come to them immediately on testor's death. 
 
 2. A legacy or residue given to different persons in succession liable to 
 the same rate of duty : — it is chargeable with duty on the amt 
 thereof, as in the case of a legacy to one person (see 36 Geo. 3, 
 c. 52, s. 12). 
 
 29« — Trust (a legacy secured by an express) in the trustee's hands charged 
 on land : — an action must 1 )e brought to recover (a) it, or (6) arrears 
 on it, in the same manner as if there was no such trust (37/8 V. 
 c. 57, s. 10 ; Watson v. SauJ, 1 Giff. 188). 
 
 30 — Woma7i (legacy to a married) by a testator dying (a) before, and (b) 
 since 1st January, 1883, respectively. 
 
 1. Before 1/1,83 — advice should be taken, if it is wished to dispense 
 with her husband's concurrence in the payment to her, unless (1) 
 the will expressly directs tJint her red shall suffice, or (2) the gift is for 
 her separate use. 
 
 2. Since 1/1/83 — such legacy can be paid to her without her 
 husband's concurrence in the I'eceipt given to the exor.
 
 APPENDIX L 1, 
 
 1 — Legacies to Charities, i( /id (2) tJie Law of " MortitHiin '' or Charitable 
 
 (trusts). 
 
 1. Act {recpiisites for a settlement, for cmy charitable uses, under d Geo. 2, 
 c. 36, the " Mortmain ") : — 
 
 1. Deed (by), executed 12 months at least before the donor's death. 
 
 2. Enrolment of deed in Chancery 6 months next after its axon. 
 
 3. Exceptions thereto: — gifts to {a) the colleges at (1) Eton, (2) 
 Westminster, and (3) Winchester, and (h) the Universities. 
 
 4. Execution (time limited for) of deed : — vide sub-par. 1. 
 
 5. Irrevocability : — the deed must be without (1) any power of revo- 
 cation, (2) trust, &c., for the benefit of (a) the donor, or (b) any 
 claimant under him. 
 
 6. Property (^' unsettleable") : — neither (1) lands, nor (2) moneys, or 
 (3) stock for the purchase of lands couL.l be settled as and except 
 as afsd. 
 
 7. Transfer of stocJc : — 6 months at least before the donor's death. 
 
 8. Trust (the deed must be ivithout any), Ac. — vide suh-par. 5. 
 
 \a- Act (effect of the '' Mortmain and Charitable t^ses "), 1888 (51/2 F., 
 c. 42) ; — it has (1) consolidated, (2) repealed, and (3) restricted the 
 law on the subject as follows, viz. : — 
 
 1. ^^Consolidation, £&c." : — it has consolidated the whole of the 
 statute law relating to (1) the alienation of land for charitable 
 uses, and (2) dispositions in mortmain. 
 
 2. Repeal thereby of former ''Mortmain Acts, &c." : — (1) De 
 Eeligiosis, 7 Edw. 1, (2) 13 Edw. 1, c. 32, (3) 15 Richd. 2, c. 5, 
 and (4) 9 Geo. 2, c. 36, down to (5) 35/6 V., c. 24, but 
 
 3. Restrictions (most of their) are continued or hept alive in (1) 
 amending, (2) consolidating, and (3) adapting them to existing 
 active circumstances. 
 
 1^ — Acts (4 further amending) relating thereto : — vide Appendix S. 
 
 (sect. B.). 
 2 — (1) Almshouses (a bequest of money wherewith to build) or (2) Hos- 
 
 pital. — Such a beqt to exors to build same, in case any person
 
 (1; LEGACIES (charitable) AND (2) TRUSTS. 171 
 
 slioiilcl, within a limited time, (a) give, or (h) purchase land as a 
 site therefor, is now valid ( (1) Atty-Gl. v. Fhilpot, 30 L. T. R. O. S. 
 15; 6 H. L. Ca. 338 ; (2) Philpot v. St. George's Hospital, ih.). 
 
 3 — Already (lands) appropriated or devoted to charitable uses — cyce to (a) 
 other trustees, or (b) trustees of another charity. — As such lands are 
 already in mortmain, the statutory formalities, viz., (1) special 
 attestation, or (2) enrolment, are unnecessary. 
 
 4 — ''Assurance" (what the term) includes under M. & C. U. Act (ss. 
 4 and 10) : — (1) an appointment, (2) bequest, (3) conveyance, (4) 
 devise, (5) lease, (6) a surrender of copyholds comes witliin the Act 
 {save as to a deed executed in the presence of 2 witnesses being necessary 
 thereto), (7) transfer, and (8) every other assurance by (a) deed, (b) 
 will, or (c) other instrument. 
 
 5 — Assurance (statutory reqtiisites of an), subject to the exceptions specified 
 in sub-jjar. 4< (1 to 3 incl) : — 
 
 1. Attestation thereof hy at least 2 credible witnesses. 
 
 2. Deed (it must be by) : — vide siib-sect. 4. 
 
 3. Enrolmeyit in Central Office of Supreme Ct within 6 nios after 
 
 exon. 
 
 4. Exceptions (3) to the statutory requisites (a) hereinbefore and (b) 
 hereinafter specified. 
 
 1. Copyholds — an assurance of lands of copyhold tenure. 
 
 2. (1) Land Transfer Act, '75 (s. 9), or (2) any amending Act. — 
 Assurances made by a registered disposition thereunder. 
 
 3. Stock (an assurance of) in the pul>lic funds. 
 
 5. Execution in the presence of (at least) 2 credible witnesses, at least 
 12 mos before the assurer's death. 
 
 0. Grants or Reservations, &c., allowed in sd assce — for the benefit of (a) 
 the assurer or (b) claimants under him : — (1) Govts to repair, (2) 
 easements, (3) mines, (4) minerals, and (5) nominal rents. 
 
 7. Operative (date from which it is) — it must take effect in possession 
 immediately from its making. 
 
 8. Property included therein— every assce of (1) land, or (2) pslty, to 
 be laid out in the, purchase of land (a) to, or (b) for the benefit of , 
 or devoted or appropriable to ch. uses. 
 
 9. Reservations allowed in assce — vide sub-par. 6. 
 
 10. Revocation (a power of ) for benefit, &c. {vide sub-par. 6) is for- 
 bidden. 
 
 11. Tims limited for exon of sd assce — at least 12 mos before assurer's 
 death.
 
 172 (1) LEGACIES (charitable) AND (2) TRUSTS. 
 
 6 — Assurance (when an) is void—ii all the sd statutory requisites are 
 
 not observed. 
 7 — Assurances protected and rendered unimpeachahle hij assurer s death 
 
 tvithin 6 or 12 9310s resjjJy. 
 
 1. Bond fide — if made in good faith, and for a 
 
 2. Consideration (full and valuable), which may consist of («) a rent> 
 or {h) other annual payment reserved to the vendor (s. 4). 
 
 8 — Bequest {form of) to a charitable society •. — 1 (1) give the sum, 
 of d£ to the treasurer for the time being of {name) Hospital 
 situate at {place), in aid of that institution, (2) and direct that the 
 same shall be pd exclusively out of such part of my personal esteas may 
 be lawfully appropriated to such purpose in preference to any other 
 payment thereout, and (0) that his rect shall be a sufficient discharge 
 therefor. 
 
 9 — Building {circumstances under which a cjift, by irl, of money to a charity 
 to he expended in) will be void — vide par. 15a. 
 
 1(1 — Charitable {a) Society : — a gift of money hy tv ill to one already existing 
 is valid — vide sub-par. 8. 
 
 11 — Consols {effect of a bequest of) to be applied in rebuilding {a) a 
 parsonage-house and {b) public hospital respectively. 
 
 1. Valid {reason why it is) : — because no fresh land is brought into 
 mortmain {Atty-Gl. v. Parsons, 8 Ves. 186). 
 
 2. d£500 {reason why the statutory limit to) given by 43 Geo. 3, c. 108, 
 viay be exceeded : — for the same reason ( (1) Creswell v. C, L. R. 6 
 Eq. 69; (2) Sewell v. Crew-Read, L. R. 3 Eq. 60). 
 
 ILy — (a) County Councils {statutory acquisition of lands by) and {b) other 
 local authorities tinder 55 6 V., c. 11 : — 
 
 1. Acquirable {hoiv) by them : — by deed. 
 
 2. Formalities {statutory) of 512 V., c. 42: — compliance therewith 
 (except registration of the deed with the Charity Commrs for 
 England and Wales), is unnecessary. 
 
 3. Registration of the deed : — vide suh-p)ar. 2. 
 
 12 — " Cy-pres^^ {technical doctrine of) is aqjplicable to charitable legacies. 
 
 1. Definition: — Where a testator has 2 incompatible objects, (1) one 
 general or primary, and (2) the other particular or secondary, the 
 latter must be sacrificed to effectuate the former, i.e., as near as can 
 be, according to his original intention or purpose, according to law. 
 
 2. E.g. — A devise to (1) an unborn person for life, (2) remainder to 
 his children successively in tail (being void as within the rule agst 
 perpetuities) is effectable by the Ct giving No. 1 an estate tail.
 
 (1) LEGACIES (charitable) AN1> (2) TRUSTS. 173 
 
 3. Impracticable {doctritie applies where the special mode af appln in a 
 bequest for charitable purposes is). The Ot will, ««?e«8 the sd mode 
 appears to have been tester's exclusive object, execute it as nearly as 
 it can, according to the original purpose. 
 13 — Death of vendor before completion of sale of a fee-simple estate, having 
 made a will, leaving the unpaid ])urcliase-money to a charity — the 
 bequest is void, because testor's lien therefor on the estate (being 
 an interest in land), Ijrings it within sd Act (Harrison v. H., 1 Russ. 
 &MyL 71). 
 14 — Doctrine (established) as to charitable legacies : — That if a testor 
 directs that land shall be procured from another, who will (1) give 
 it without reward, and (2) dedicate it to a charity, such bequest is 
 good. 
 15 — Gift (a) of money for charitable purposes or uses (not involving 
 the acquisition of land), e.g., the erection of a hospital (Hawkins v. 
 Allen, 40 L. J. Ch. 23), by (1) deed or (2) will, is legal. 
 15(( — Gift (circumstances under which a) of money, bij %vill,to a chariti/,!" 
 be expended in building, will be void: — 
 
 1. Land (unless it is distinctly expressed that no part of the money 
 is to be expended in the pure tiase of), or 
 
 2. Land (unless the new building is to l:)e erected on) alreadij in 
 mortmain (Cox v. Davie, 47 L. J. Ch. 72). 
 
 16 — Hospital (erection of) : — Money cannot be invested out of a gift of 
 money for charitable uses (not involving the acquisition of land), by 
 (1) deed, or (2) will, for the sd purpose (Hnvkins v. Allen, 40 L, J. 
 Ch. 23). 
 
 17 — Latv (summary of the) affecting giftx to rliaritable uses. 
 
 A. Exceptions (classified schedule of important statutory) to sd Act 
 (ss. 6; 7), (a) facilitating the (1) cyce or grant, (a) to, or (b) 
 in trust for (2) endowment, and (b) relieving the following sites 
 from its operation : 
 
 1. Burial places — (1) 36 7 V., c. 50 ("Sites for Places of Worshiji 
 A' t, 1873 "), amended by (2) 45 6 V., c. 21. 
 
 2. Charity (Elementary) Schools — Cyces, itc, are not invalidated by 
 the death of (a) the donor, or (b) grantor within 12 mos from its 
 exon, if such cyce is enrolled ((1) 4 5 V., c. 38 ; (2) 7 8 V., c. 37 ; 
 (3) 12/13 v., c. 49; (4) 14 15 V., c 24 ; and (5) 15/16 V., c.49). 
 
 3. Colleges (exempted) — (1) Eton, (2) Keble (was added by 51 2 V., 
 c. 42), (3) Westminster, and (4) Winchester; assurances to, or in 
 trust for them, for the benefit of tlii'ir founilatiou scholars.
 
 174 (1) LEGACIES (charitable) AND (2) TRUSTS. 
 
 4. (1) Company {an assce (a) inter vivos, and (h)for full value to 
 trustees for any) or (2) society formed for the 'promotion of (a) art, 
 (6) charity, (c) general education, (d) religion, (e) science, or (/) 
 any other like object; sd Co cannot, without the sanction of the 
 Board of Trade, hold more than 2 acres of land for a huilding for 
 such purposes (25/6 V., c. 89, s. 21, C. A. '62). 
 
 5. (1) Literary, (2) scientific, and (3) other similar institutions — L. 
 & S. I. A. '54 (17/18 v., c. 112). 
 
 6. Museum (2 acres for a public) : — (1) a bequest of money to be laid 
 out in the purchase of land, or (2) a devise, or (3) gift of land of 
 any tenure, for the sd purj^ose, icill he valid, notioithstanding the sd 
 statutes, provided the following stahdory requirements (under the 
 " Public Parks, Museums, and Schools Act, 1888," 51 '2 V., c. 42) 
 are complied with, viz. : — 
 
 1. Enrolment of the (a) codicil or (Jb) will containing any such 
 gift within 6 mos after testor's death, in the booJcs of the 
 Charity Commissioners (M. A,, s. 6). 
 
 2. Enrolment of the deed containing, etc., within 6 months after 
 its exon, &c. 
 
 3. Year {a) before death: — every such codicil, &c., must be 
 made 12 calendar months at least before the assurer's death. 
 
 7. ParTc (public) : — conditions incident to a gift of land therefor. 
 
 1. Acreage : — a gift (if by will) must not exceed 20 acres. 
 
 2. Conditions (statutory) — vide sub-par. 6. 
 
 8. Play-grotmds for children. 
 
 9. Recreation (a grt of land for the) of adults — (22 V., c. 27, " Recrea- 
 tion Grounds Act, '59). 
 
 10. School (an elementary) : — conditions incident to a gift of land 
 therefor. 
 
 1. Acreage : — a gift of land therefor must not exceed 1 acre. 
 
 2. Conditions (statutory) — vide suh-par. 6. 
 
 11. School-house — vide sub-par. 10. 
 
 11a. Scientific institutions — vide sub-par. 5. 
 
 12. Universities (assurances (a) to, or (b) in trust for the folloiving) 
 are exempted: — (1) Cambridge, (2) Durham, (3) London, (4) 
 Oxford, and (5) Victoria, or (6) aiiy of their colleges (Nos. 2, 3, 
 and 5 were added by 51/2 V., c. 42). 
 
 13. Worship (places of) — vide siih-par. 1. 
 
 17fl — Local (acquisition of land by) authorities, &c. — vide par. Ho. 
 18 — ^^Marshalling assets " in favour of a charity : —
 
 (1) LEGACIES (charitable) AND (2) TUL'STS. 175 
 
 1. Case wherein the Ct will so inarshal : — whore a testor has, 1>y (1) 
 express words, or (2) a ijlaiu iuteiitiou, shown that assets shall Ik- 
 so marshalled. 
 
 2. E.ij. — "Where his will directs payment of general legacies out of a 
 fund savouring of realty, in order to leave the pure pslty fund for 
 payment of charitable legacies (Re Pitt ; Lacey v. Stone, 58 L. 113 ; 
 33 ^Y. R. 653). 
 
 19 — Money {circumstances under which) savours of realty : 
 
 1. Charged (when it is), in any case, upon land. 
 
 2. E.g. — (1) a lien for unpaid purchase-money, (2) mortgage- money, 
 or (3) produce of realty directed to be sold. 
 
 20 — " Mortmain " (derivation of) : — it comes from the French, (1) " mort " 
 (death), and (2) " main" (hand). 
 
 20a — Mortmain (purchases in) : — those by '' Corporate bodies" seem- 
 ingly so called because (1) the same w'ere originally generally 
 made by Ecclesiastical bodies or Corporations (the members c>f 
 which were reckoned " dead in law)," (2) whose lands produced 
 no advantage to the feudal lord, l,>y way of (a) escheat, or (h) 
 otherwise. 
 
 21 — Payability: — property out of which a. charitable legacy is payable 
 where the will contains no special direction on the point. 
 
 1. Exclusively out of the pure personalty. 
 
 2. Failure of such legacy pro tanto : — where the usual clause directing 
 payment thereout is (1) omitted, and (2> the general residue, &c., 
 consists partly of (a) leaseholds, or (b) real securities. 
 
 'la. Failure (reason of such) : — because equity will. ?io/ marshal assets 
 in favour of a charity, except as mentd in sub-par. 18 (1). 
 
 3. E.g., A. (1) bequeaths and (2) charges a charitable legacy of =£900 
 on all her i^pty, viz. : — (a) ^£4000 mixed, (b) de2000 ])ure pslty, and 
 (c) ilGGOO realty ; the charity will only be entitled to ith (^£150) for 
 a ch. legacy cannot be charged on (1) land, or (2) anything savouring 
 of land, e.g., a mixed fund, in consequence of 51/2 V., c. 42, and 
 equity will not marshal assets in favour of a charity, except as 
 mentd in sub-par. 18 (1) ; therefore, sucli proportion of the ch. 
 legacy will fail as the prohibited portion of the sd ppty (a. and c.) 
 bears to the whole estate ((1) Hobson v. Blackbtirn, and (2) Williams 
 V. Kershaw, 1 Keen, 273/4%). 
 
 22 — Payment (effect oftestor's direction for) of a charitable legacy excln. 
 sively out of prnre personalty: — it will, generally, operate as a 
 directicm to marshalfor the benefit of the charity ((1) Atty-Gl. v.
 
 176 (1) LEGACIES (charitable) AND (2) TRUSTS. 
 
 Lord Mountmorris, 1 Dick. 379 ; (2) Re Arnold ; Ravenscroft v. 
 Worhna7i, 37 Ch. Dn. 637 ; 58 L. 469 ; 57 L. J. 682, Ch.). 
 
 23 — Secret charitable trust. — If a tester (A.) (1) devises realty to B., and 
 (2) by an unattested writing (communicated to B. after A.'s death) 
 informs B. that A. had made the devise in full confidence that B. 
 would devote it to ch. uses, equity icill permit B. to retain it for his 
 own use, for (1) 1 Y., c. 26, s. 9, j^rotects him against the claims of 
 A.'s heir (Adlingtonv. Cann, 3 Atk. 141) and (2) 512 V., c. 42, 
 against the claims of the charity. 
 
 24 — Sites for (1) Schools and (2) other Public Institutions : — 
 
 1. Acts (.'schedule of the various) whereby other imjiortant exceptions to 
 the "Mortmain Act" have been introduced: — (1) 4 5 V., c. 38; (2) 
 7/8 v., c. 37; (3) 12 13 Y., c. 49; (4) 14/15 V., c. 24 ; and (5) 
 15 16 v., c. 49. 
 
 2. Facilities thereby granted — for the cyce of school-sites, so that the 
 (1) donor's or (2) grantor's death within 12 mos from exon of deed 
 will not avoid it. 
 
 24rt — Transfer {statutory limit for a) of public stock: — At least 6 mos 
 
 before transferor's death. 
 25 — Trust (secret) for a charity : — As to the evidence required to set aside 
 
 a ivill on the ground thereof, vide " Evidence," pp. Sd4,par. 10, sub. 
 
 pars. 1,2, and 3, 
 26 — Trusts (effect of) to (a) maintain and (b) repair th e following : — 
 
 1. Monument (a) in, and forming part of a church — It is valid, because 
 it is a ch. bequest, as benefitting the public generally ( I 
 Corhy7i\. French, Tud. L C. Conv. 538, in notes, 3rd ed., and (2) 
 Hoare v. Osborne, L. Rep. 1 Eq. 585). 
 
 2. Tomb (a family) not within, and, therefore, not forming part of a 
 church — The beqt is invalid, because it is (a) a mere perjietuity, and 
 {b) not one ^ro bono publico (Bickard v. Robson. 31 Beav. 245). 
 
 3. Window (a painted) in, and forming part of a church — vide sub- 
 par. 1. 
 
 27 — Void (as to) gifts of money hy (1) deed or (2) will: — vide pars. 15 
 and 15a.
 
 I 
 
 APPENDIX M. 
 
 MISCELLANEOUS. 
 
 r 
 
 Abstract to Advice. 
 
 (1) "Abstract" or epitome of devisee's title to testor's ppty. 
 ide App. F., pp. 112 13, par. 1. 
 
 (2) Account stamp-duty rates, &C. — Vide " Somerset House " 
 Guide. 
 
 (3) Administration of an intestate's personal estate and 
 
 eifects^o'" the general (1) law and (2) practice relatimj thereto, oide 
 App. A., pp. \ to Qi incl. 
 
 (4) "Advertisements" usually insertable in (1) local and (2) 
 other necessary papers : 
 
 1 — Sale (as to a) of testator's (1) freeholds and (2) leaseholds. 
 2 — Statutory notice to Crs under 22/'3 V. c. 35 (vide Notice, &c.) ; 
 "London G-azette " notice must be duly authenticated. 
 
 (5) Advice (Solicitor's)— matters wherein the same should 
 always be taken. 
 
 (a) Legal {advantages of an exor obtaining) assistance before phte. — 
 11 — (1) Anxiety (much unnecessary) and (2) labour may be thereby 
 saved, and 
 
 I — Outlay (useless) to the estate may be thereby avoided. 
 (6) Legal (the dangers of acting ivithoitt his solrs) advice and assistance 
 — An exor vrill be a bold man, with ihe many (1) liabilities and (2) 
 risks to which the law has subjected him, if he should attempt to 
 fulfil the duties imj^osed on him, except in cases of the most trivial 
 nature, withoiit the sd advice and assistance. 
 
 (1) Acts compelling an exor to take pbte — in case of dou]»t as to their 
 sufficiency. 
 
 (2) Assets (when) are insufficient to pay all the debts — as to order of 
 payment of latter, because the law is unsettled as regards (1) 
 judgment debts, (2) wages, arid (3) several others — vide po,r. 28 (8). 
 
 (3) Business (carrying on deced's) — vide par. 14, p. 189. 
 
 N
 
 178 (1) ADVICE (solicitor's) — (2) AGENTS EMPLOYABLE. 
 
 (4) (1) Duties (the), (2) powers, and (3) responsihilities of execv,tors, &c. 
 (jeneraUy — legal advice is required in case of doubt as to any point to 
 which the 9 leading cases thereon specified in App. " Cases" C S. 
 relate. 
 
 (5) Legacies (in case of lapsed) — an exor should not attempt to act, 
 except under legal advice. 
 
 (h) Miscellaneous {in all) matters incidental, or relating to the (1) 
 management, (2) reahzation, and (3) distribution ((a) intermediate 
 or {h) final) of an estate, ^vhich the exors are not bound, hy law, to 
 attend to and perform personally. 
 
 (5a) (1) Affidavits, (2) affirmations, (3) jurats, and (4) 
 
 admon of oaths — ^'ide App. " Affidavits," at the end hereof. 
 
 (5b) Agents (alphabetical and classified schedule of the 
 various), &c. employable by (a) an admor or (b) exor. 
 
 N.B. — '■ Precaution " to l;>e taken bv, or on behalf of an admor or 
 exor, in dealing with any of the undermentioned agents, in order to 
 avoid any subsequent disput-; respecting their " Commission, &c." 
 
 1. Letter (arrange beforehand by a) from him, or 
 
 2. Meniduni (other written), (a) a fixed sum, or (b) rate of commission 
 for the services required. 
 
 1 — Accoimtant (an) — only where the a'cs are (1) complicated and (2) 
 
 long. 
 2 — Auctioneer (an) and licensed valuer, to value the following for a grant 
 
 of (a) letters or (b) pbte. 
 
 1. Furniture (deced's household) and effects, unless such admor or exor 
 can j)ersonally put a value thereon. 
 
 2. Leasehold prop)erty. 
 
 3. Personal (all other) estate and ejects, unless, &c., vide sub-par. 2 (1). 
 3 — Bool'-keejier (as to the employment of a) : vide suh-par. 1. 
 
 4 — Broh'r (an ordinary "■ Bailiff'^' or), to levy a distress for arrears of 
 
 rent. 
 6 — Brolcer (a) for Stoch Exchange transactions ior (1) investment or (2) 
 
 sale only ; vide par. "Brokerages, cCr.," m Addenda. 
 6 — Collector (a reliable) of (1) book-debts or (2) rents must be employed 
 
 where a provident cr or owner would employ one. 
 6a. — Collector's (.sd) charges — must be fixed at as reasonable a rate as 
 
 practicable. 
 6b. — Collector s (when sd) charges will be disalloived : — Special (where a) 
 
 allowance for trotible, &c., is given by the will, this maybe (1) held to 
 
 include such remuneration, and (2) must be 2)aid by the exors 
 
 personally.
 
 (1) AGENTS EMPLOYABLE, AND (2) THEIR " CHAEQES." 1 7l» 
 
 7 — (1) House (a) agent and (2) surveyor. 
 
 8 — Rent (a) collector should, wheu necessarv, lie ajuxiinted by (lecil-poH 
 
 or power of attorney, to act as agent generally in the management 
 
 of the deced's property. 
 9 — Solicitor (a) is (1) employable, and (2) payable for strictly profensiomil 
 
 services only, but not for ordinary business acts, connected with tin- 
 
 (a) management, (b) realisation, and (c) distribution of the estate, 
 
 performable by an admor or exor personally. 
 10 — (1) Surveyor (a) and (2) house-agent. 
 11 — Vahier (a) for the (1) valuations, and (2) at the rates of commission 
 
 hereinafter specified in jjar. 6, suh-^jars. E. (13) and F., par. 17 
 
 (1/9 incl.) 
 
 (6) Ag'ents (the) numbered 1, 2, 4, 7, 10, and 11 respectively in 
 par. hh. 
 
 Charges ((1) alphabetical, and (2) classified scales of) for tin- 
 
 following acts and services : — 
 (A) — Accon)itant's charges (including stationery, except forms used) — 
 
 (1) — Chief Clerk's time (exclusively employed per diem of 7 hours) fur 
 (a) investigating accts, (b) j^reparing balance-sheet, &c., 10«. 6d. to 
 ^1 lis. 6d. 
 
 (2) Other clerFs time, &c., 7s. 6d. to 16s. 
 
 (3) PrincipaV s time, &c., M\ Is. to d£5 5s. 
 
 (B) Auctioneers' usual charges for the following — 
 
 (1) Dilapidations — costs (d£2 to d£5) are in Taxing Officer's discretion. 
 
 (2) Sales of chattel ppty by auction, including all expenses, except news- 
 paper advts — 
 
 1— On the first dSlOO iJlO percent. 
 
 2— On the next ^400 5 „ 
 
 3— Above £'400 up to dglOOO 4 „ 
 
 4— Above^lOOO 2^ „ 
 
 (2a) Sale of household furniture — another scale : vide " Addenda." 
 
 (3) Sales of copyholds, freeholds, leaseholds, &c., by auction, including 
 valuations, for determining " resei'ves " or "upset prices " — 
 
 1— On the first £300 5 percent. 
 
 2— On the next £1600 2^ „ 
 
 3— Above £1600 up to £5000 \\ „ 
 
 4— Above £5000 1 
 
 (4) Sales by private treaty, based on the valuation — 
 
 1— On the first £100 2^ per cent. 
 
 N 2
 
 180 (1) AGENTS EMPLOYABLE, AND (2) THEIR CHARGES. 
 
 Ij percent. 
 
 2— For the next ^6400 
 
 3— Above ^400 np to ^10,000 ^ 
 
 N.B. — Travelling expenses are extra. 
 
 (5) Specifications — costs (d£2 to .£5) are in Taxing Officer's discretion. 
 
 (6) Surveys— „ „ „ „ „ „ 
 (C) — Broker's allowances — 
 
 (1) For inventory not exceeding 5 folios, 10s. 6d. 
 
 (2) Above 5 folios, additional Is. 6d. per folio. 
 
 (3) For every ^-hour in (1) going to, or (2) returning from premises, 
 if more than 1 mile from broker's, 2s. 6d. 
 
 (D) — For inventory and valuation — vide par. 4, &c. 
 
 (E) — " Valuer's " (another scale of) usual fees in the following cases — 
 
 vide " Addenda." 
 
 (1) Household goods, up to d£5000. 
 
 (2) Leaseholds, up to .£4000. 
 
 (3) (1) Stock (farming) and (2) stock-in-trade, 
 (F)— (1) House Agents and (2) Surveyors- 
 
 1 — Attendance in London before (1) an arbitrator, or (2) a jury — no fee 
 less than 7 guineas, and a fee of 3 guineas per diem therefor. 
 
 2 — Compensation by (1) a Corporation, (2) the London County Council, 
 (3) a Railway, or (4) School Board, &c. 
 Amount of atvard — 
 
 £1,000, fee 18 guineas. 
 1,200, „ 19 
 
 1,400, 
 1,600, 
 1,800, 
 2,000, 
 3,000, 
 4,000, 
 Dilapidations- 
 
 20 
 21 
 22 
 23 
 
 28 
 33 
 
 ^5,000, fee 38 guineas. 
 43 
 
 7,000, 
 
 M 48 „ 
 
 8,000, 
 
 „ 53 
 
 9,000, 
 
 „ 58 
 
 9,600, 
 
 „ 61 
 
 10,000, 
 
 „ 63 
 
 12,000, 
 
 „ 73 „ 
 
 3a 
 
 (1) making schedule thereof, and (2) serving notice 
 
 to repair — from 2 to 5 guineas per diem. 
 
 Dilapjidations (settling ami of) — (1) 5 per cent on amt, and (2) 
 
 disbursements. 
 4 — Inventories — (1) taking and (2) examining same — from one guinea, 
 
 accdg to length. 
 5 — Letting " hrich earth " — (1) 5 p. c. on every yr's rent, and (2) extra 
 
 for checking " royalty." 
 5a — Letting '' huildiny land" — 1 year's ground rent.
 
 (]) AGENTS EMPLOYABLE, AND (2) THEIU CHAHGE8. 181 
 
 6 — Letting "furnished houses" for 1 year — 5 p. c. on rent payal)!*.'. 
 
 6a — „ „ „ for more than a year — 2.^ p. c. on residue 
 
 of term. 
 
 6b — Letting " unfurnished houses," or selling of leases, when the term 
 is for 3 years or uuder — 5 p. c. on 1 yr's rent. 
 
 6c — Letting unfurnished houses, &c., for more than three years — (1) 7^ 
 p.c. on 1 year's rent, and (2) 5 p. c. on any premium u[) to .£1000 •, 
 and (3) 2| p.c. on residue ; and (4) for fixtures, furniture, goodwill, 
 &c., 5 p.c. up lo =£500 and 2| p.c. on residue. 
 
 7 — Management of estates, including collection of rents — (1) cottage 
 rents, from 5 to 10 p.c. according to the trouble, &c., required to be 
 taken therein; (2) ground rents, and (3) tithe-rent charges, &c. , 
 from 3 to 5 p.c. 
 
 8 — Negotiating purchase of (1) estates, (2) houses, and (3) ground 
 leases — (a) 1 p.c. on amt of conson, and (6) disbursements. 
 
 8a — Negotiating taking of houses — (1) half said " letting scale," and (2) 
 disbursements. 
 
 9 — Purchase (subsequent) by tenant of a leasehold house — (1) Com- 
 mission on sale (vide 6 b/c), less " letting commn." 
 
 10 — Sale by private treaty oi (2) copyhold, (7) freehold, and (3) lease- 
 hold estates and houses, (4) ground leases, (5) policies of insurance. 
 (6) reversions, and (7) other property — («) 5 p.c. on 1st £100, (b) 
 2| p.c. on next ^£5000, (c) 1^ p.c. on I'esidue, and (<?) usual commu 
 for fixtures, &c. (vide 6c). 
 
 11— ^Sale of said copyholds, &c. by public auction — (1) 2^ p.c. on 
 purchase-money and (2) disbursements, or (3) 1 p.c. on "reserve," 
 or " upset price," and (4) disbts, if no sale effected. 
 
 12 — Sale of furniture, &c. by public auction — (1) 6 p.c. on amt 
 realised, and (2) disbts (vide also " Addenda") 
 
 13 — " Schedtde " (making a) of fixtures to annex to a lease — from 1 to 
 4 guineas, or about 3 guineas per diem. 
 
 14 — Survey of 100 acres, and under, with a plain plan — fee arranged 
 according to extent and nature of the work required. 
 
 15 — Survey of over 100 acres, with a "plain plan" — (1) 28. per acre, 
 and (2) disbts. 
 
 16 — Survey, with a "finished map or plan" — according to (1) extent 
 and (2) nature of (a) details specified, and (b) the " embellishment " 
 connected therewith, or incidental thereto. 
 
 17 — Valuations for the following purposes — 
 
 (1) " Cropping" (i.e. the raising of crops) — (1) 5 p.c. up to XlOO, and 
 (2) 2| on excess, and (3) disbursements.
 
 182 (1) AGENTS, (2) AGREEMENTS, AND (3) " ANTE-PBTE " ACTS. 
 
 (2) Furniture, fixtures, stock-in-trade and general effects — 5 p.c, but 
 see the scales specified in " Addenda.^' 
 
 (3) Land — (a) 6d. per acre, and (6) disbts. No fee less than 
 5 guineas. 
 
 (4) Mortgage — (a) 1 p.c. and (b) disbts on 1st d£1000, and (c) ^ p.c. 
 on all above that sum upon full amount of valuation. 
 
 (5) Probate— (a) 2 p.c. on 1st =£500, and (b) Ij on excess, and (c) 
 disbts. 
 
 (6) Purchase — vide " Mortgage," sub-par. 4. 
 
 (7) Bent (to fix) — (a) 5 p.c. on 1st ^200, and (b) 2| on excess, and (c) 
 disbts. 
 
 (8) Sale — vide " Mortgage," sub-par. 4. 
 
 (9) Timber — (a) 5 p.c. on 1st dfilOO, and (fe) 2| on excess, and (c) 
 disbts. 
 
 (7) Agreements (schedule of the miscellaneous), &c., some- 
 times required during an Executorship, &c. 
 
 1 — Agents {with the various) specified in par. 5 b. 
 
 2 — (1) Lease {for a) of premises whereat deced formerly carried on his 
 business, and (2) Assignment to the lessee of the fixtures, machinery, 
 &c. thereat. 
 
 3 — Lease {for a) of the sd business premises to purchasers of the sd 
 fixtures, &c., from the lessee's executrix. 
 
 4 — Poor-rate payable in respect of deced' s " cottage-property " — An agrt 
 (a printed form of which is obtainable from the collector), by the 
 exors (as owner of rateable hereditaments {ivhere each dwelling- 
 house is of a rateable value not exceeding £8), with the overseers of 
 the poor, to comjjound therefor. 
 
 5 — Valuation {for a) of the said fixtures, &c. (required on an agrt for sd 
 lease), to pchers of the former, made and taken by the (1) lessee's 
 and (2) lessor's nominees respectively. 
 
 (8) " Ante -probate " Acts: — ^^i alphabetically classified schedule 
 of the various acts performable by an exor before he obtains a grant of 
 pbte. 
 
 (a) Complete {ivhen he is a) exor for most ptirposes — he is appointed by 
 the will, so that (1) he is complete, &c., aad may do many acts 
 before pbte, and (2) his powers differ from those of an admor (who 
 is (1) the appointee of the P. D., and (2) is powerless until letters 
 are obtained. 
 
 (&) Death {effect of an exor's) before pbte — sd acts, nevertheless, hold 
 good.
 
 (1) "ANTE-PBTe" acts, (2) AIM'ORTIONMENT, ETC. 183 
 
 (c) Interest {derivation of an exor's) t^c. in the estate (ventinij in him 
 from tesfor^s death) — from the will alone, and not from the jilite. 
 
 (d) Power (exor'a) before phte — as exor, he may do almost all the ai-ts 
 incidental to his office, except only some relating to action*. 
 
 (e) " Probate " (effect of a grant of), signed and sealed hij (1) Dt or (2) 
 Ppal Rgr — it constitutes the only proper evidence of the exor's (a) 
 appointment, (&) title, and (c) authority. 
 
 1 — Action (an) may he hronght, subject to the following ohligitiions, <^r. .• — 
 
 1. Stay (a) of all proceedings may, if the Ct thinks fit, l^e ordered at 
 the trial until pbte is obtained (Tarn v. Commercial Bank of Sydney, 
 12 Q. B. D. 294; SOL. 365). 
 
 2. Trial (exor mnst have pbte at), otherwise sd stay may be ordered. 
 2 — Alienation (a general) of goods. 
 
 3 — Assent to legacies: vide (1) App. E., p. 79, par. 1, sub-pars. 1 /o 3 
 
 incl., (2) p. 105, par. 70a, and (3) p. 161, par. 3. 
 4r — (1) Assignment (an exors) of leaseholds, and (2) Beceipt for the 
 
 purchase-money before pbte is good, but the will must eventually be 
 
 proved ybr the reason stated in sub-par. e. (ante). 
 5 — Compounding debts, &c. — Vide par. 20, sub par. 4(4), and par. 28 
 
 (4«). 
 
 6 — Distress for arrears of rent due to Ms testor in his lifetime. — An exor of 
 any (1) landlord, or (2) lessee may either (a) before, or (b) after 
 grant of pbte, so distrain (3/4 Wm. 4, c. 42, ss. 37'8). 
 
 7 — Distress (an exors " ratification" of a) made in (1) the name of, and 
 (2) immediately after his testor' s death is legal (Whitehead v. Taylor, 
 10 A. & E. 210). 
 
 8 — " Realisation," or getting in, of the testator's estate. 
 
 9 — Receipt (as to an exors) for purchase-money. — Vide sub-par. 4, <tnd 
 par. 59. 
 
 10 — Restraining (exo/s) a co-exor, by injunction, from intern)ed(lling in 
 the estate befoi-e pbte, on an action brought, claiming (1 ) an injunc- 
 tion, and (2) a i-eceiver (Moore, 13 P. D. 36). 
 (9) Apportionment (a statutory) of the current year's 
 
 income, under 33 4 V. c. 35. 
 
 1 — Made (when same has frequently to he) — both on the deaths of (1) 
 the testor, and (2) of any life-legatee or tenant under his will. 
 
 \a— Example: — (1) a testor's estate, among other things, consists of 
 1000?. Consols, and the 
 
 2 — Income of his estate is given to his wife (a) for life, and, {h) at her 
 death, the corpus to his children.
 
 184 APPORTIONMENT, ETC. 
 
 3 — Dividends (the) on Consols are paid in January and July. 
 
 4 — Ai^portionment (on testor's death in April) of the July dividend : — 
 
 1. Capital (addition to the) of the estate of the proportion accruing 
 between January and April. 
 
 2. Widow will only be entitled to the residue accruing between April 
 and July. 
 
 4a — Apportionment (on widow's death in Sept.) of following Janry divd.: — 
 
 1. Children (the) will be entitled to proportion accruing between Sept. 
 and Jan. 
 
 2. Widoiv's testamentary povjers. — She can dispose thereof by her will, 
 if any. 
 
 3. Widoiv's (on) intestacy. — It will go to lier next-of-kin. 
 
 4. Widow's (on) death : — her estate will be entitled to the portion 
 accruing between July and Septr. 
 
 (9a) Apportionment of (a) Consols (C), and (b) 3 per cent 
 
 New Annuities (N.A.) 
 
 1 — If, Tjy a settlement on his marriage, A. is entitled to appt a sum 
 of Consols amongst (1) his issue, and (2) one of 3 per cent N.A. 
 amongst such persons, and for such purpose^, as he pleases, and, on 
 his eldest daughter's marriage, he (a) appoints a sjjecific portion of 
 each to her for life, and, (b) after her death, for her children in 
 equal sh.a,res, prima facie the appt of a portion of Consols toill he void, 
 as it loill offend agst the rule as to perpetuities. 
 
 2 — Reason for such void appt. — The power of appt given to A. being 
 (1) a special j)ower, and (2) the limits of perpetuities dating 
 from its creation, the ppty will, therefore, imder the appt, have 
 been tied up for more than (a) a life in being, and (h) a term of 
 21 yrs. 
 
 3 — Maintainable (circumstances under lohich sd appt of Consols would 
 probably be). 
 
 (1) Execution of a deed by the sd daughter (if of full age), 
 
 (2) Grounds (on the) that it is (1) an absolute apj^t to her, and (2) 
 settled by her upon her children. 
 
 4 — N. (reason tvliy the appt of a p)ortion of) A. ivill be perfectly valid — 
 Because, as A.'s power of appt as to them is a general one, the 
 limits of perpetuities are calculated from its exon. 
 
 5 — Gift (example of a) valid in toto, the limitations not transgressing sd 
 rtde — A legacy of ,£10,000 is left by wl to trustees, ujion trust to (1) 
 pay the income to testor's daughter during her life, and (2) at her 
 death, upon trust for (a) her children then living, and (b) the issue
 
 (1) ARBITRATION, (2) BENEFICIAKIKS, ETC. 185 
 
 of any deced child or children, as shall then have a taiiicd, or shall 
 ' thereafter attain 21. 
 
 (10) Arbitration (submission of disputed matters to)— 
 
 1 — Costs thereof — the exors' i>ersonal liability therefor must be special y 
 
 guarded against by their solicitor therein. 
 2 — Matters {alphabetically classified schedule of disputed) referable : — Vide 
 
 " Adniiiiisiration,'' App. A, pp. 3 '4, par. 7, sub-par. 5 (1 to 9 incl.) 
 
 (11) (1) Bankers and (2) the personal representatives of 
 their deced customers — vide App. B., pp. 65 to 78 incl 
 
 (12) Beneficiaries' Shares, &c.— (a) Evidence adducible in 
 support thereof, and (b) other miscellaneous matters connected 
 therewith. 
 
 1 — Abroad {legatee) — obtaining a valid discharge for his share : — vide 
 
 Addenda. 
 2 — Abroad {legatee) — (1) an ex parte order to pay is required, if the 
 
 legacy consists of stock ; (2) secus if it consists of money. 
 3 — Abroad {legatee returned from) — payment out of court to him ; vide 
 
 Addenda. 
 4 — Blind (" Precautions " observable in dealing with a) beneficiary. 
 
 1. Beading over {a) deeds, or {b) other documents, (1) executable, or 
 (2) signable, (a) during the course of, and {b) on a final distribution 
 of an estate, is necessary, when ever any of the paHies thereto, desire it, 
 otherwise the deed or doct is void as against the '* requester,^' and a 
 
 2. Memorandum must be added, in the attestation clause thereto, to the 
 folloiving effect — " This Indenture (or document as the case may be), 
 having been first read over to him (or her), who declared that he (or 
 she) perfectly understood the contents thereof " — 
 
 5 — Deceased {a) married woman legatee — husband's admon to share of his 
 wife, who died before a final division : vide par. 30, p. 10. 
 
 6 — Direction {deed of) by residuary legatees to trustees as to (1) a 
 postponement of (where there is a trust for) sale, and (2) a periodical 
 division of the rents thereof ; vide pp. 42/3, par. 10 (1/5). 
 
 7 — Division {as to an interim) of cash at banhers— vide par. 33 (1/7 incl). 
 
 S—Droivned {a) beneficiary — special circumstances connected with the 
 share of a deced B., who is supposed to have been lost at sea imme- 
 diately before testor's death, but the fact was not positively 
 ascertainable. 
 
 1. Will (execution of testator's) on 13th April, 1880. 
 
 2. Death of testator on 2QI\0jH0, leaving several nephews and nieces, 
 Capt. B. (one of them), in the employ of a firnj of merchants at
 
 18t) BENEFICIARIES, ETC. 
 
 Hull, is supposed to have been lost during the severe gales in Oct. 
 '80, 111 the Bay of Biscay, on his homeward passage, leaving (1) a 
 ividow, and (2) an infant daughter Mm surviving. 
 
 3. No definite information icas obtainable as to the exact date of his 
 death. 
 
 4. Case (a) teas suhmitted for the opinion of counsel, who advised (in 
 effect) as follows, viz. : 
 
 1. Unless Capt. B. survived testor he will not take a share. 
 
 2. If he did survive, his widow must (a) take out letters of admon, 
 and (b) his share will he jiayable to her, and (c) she will he 
 responsible for her daughter's interest. 
 
 3. The trustees will (a) pay over the whole to her, and (b) her rect 
 will discharge them. 
 
 4. As to whether he (a) survived testor, or (b) not (1) all the infor- 
 mation obtainable must be furnished, and (2) it will then be for 
 the trustees to detenuine whether, on the evidence adduced, they 
 are satisfied as to his survival. It would appear to be a 
 
 5. Case of great hardship, if he died immediately before testor, and such 
 of the other beneficiaries as are sui juris may authorise the trustees to 
 deal with this share as if Capt. B's survival had been proved. 
 
 6. Payment (2 circumstances under which) of sd share into Court, under 
 the " Trustee Relief Act,' ^ may he necessary. 
 
 1. Death (date of his) — if there is any doubt about same. 
 
 2. Survival (if his) of testor is not assumed by the other bfs. 
 
 7. Reports (prints of Official) of Ct. of Inquiry apptd by Marine Dept 
 of Board of Trade as to its formal investigation into the circum- 
 stances attending the supposed loss of the sd vessel — obtain a suffi- 
 cient number thereof (from sd Bept) for Bfs' perusal. 
 
 8. (1) Circular letter to each Bfy (vide Letters), and (2) a "Report" 
 to be sent therewith, for (a) perusal, and (b) couson, and (c) a 
 final deci-ion as to the course of action intended to be adopted 
 with reference to the claim of Capt. B.'s widow and child. Ulti- 
 mately a 
 
 9 — Meeting was held, ivhereat it was unanimously agreed (in writing) as 
 follows by the Bfs assembled : — 
 
 1. Tha^ the sd share should be allowed to the sd child, and be 
 
 2. Retained by one of the exors (on his giving approved security for the 
 arnt thereof), by arrangement with Mrs. B., as such Admix.) until 
 such child attains 21. 
 
 3. Infant (only) Bfy. (Miss C.) to (1) execute the necessary deeds to
 
 BENEFICIARIES, ETC. 187 
 
 effectuate the sd arrangement on attaining 21, (2) the t-xorH, in tin- 
 meantime, ((/) relying on Mrs. B.'s indemnity, or (h) n-taiiiirig 
 such a portion of the said share (i.e., iV^h) as wouhl lielung to 
 Miss C. in case she ultimately refused to concur. 
 
 10 — Bond (a), conditioned to obtain her concurrence on attg 21, is 
 exec\;ted {pursuant to a prior written (ujrt), by Miss C.'s stej)- 
 father. 
 
 11 — Miss (in the event of) B.'s death under 21, her share u-ould go to her 
 statutory next-of-kin. 
 
 12 — Gratuity by the Bfs to an exor for his extra trouble, (i:c., where the 
 wl does not provide specially for any remtmeration therefor — pro- 
 cedure. 
 
 1. Where (1) the nature of the trust, and (2) excei>ti()nal aint of 
 attention devoted by an exor thereto, have necessarily interfered 
 very considerably with his ordinary dixties, the special attention of 
 the Bfs should be called to the fact, and they should be invited to 
 make him a reasonable allowance for the trouble he has been put 
 to from time to time in attending to his executorial duties. 
 
 2. Circular Letter to Bfs. — The said invitation should be incor])orated 
 therein, with an appt for a final division (vide Letters), to enable 
 them to (1) carefully consider, and (2) be prepared, at the meeting, 
 to decide as to their intentions respecting the proposal. 
 
 13 — ^^ Hotchpot" (bringing shares into) — the (a) law and (b) procedure 
 relating thereto — vide (1) p. 2, par. 4 (1/3), and (2) ''Succession 
 Table," &c. (Admon.), pp. 56/7, par. 6, sub-pai's. 1/2. 
 
 14 — Intending beneficiary under another s will. 
 
 1. Course (proper) adoptable by him^vide App. E. (B), p. 93, par. 47. 
 
 2. Dictum (the late Lord Hatherley's) thereon — vide p. 91, suV)-par. 8. 
 15 — Relationship (5/s) to testor — instrons as to completion of (a) Certi- 
 ficates, and (b) Statutory declon required in support thercnf. 
 
 1. Circular letter to Bfs for paz'ticulars of their relationship to testor 
 to be issued (vide Letters) : — vide App. E., p. 79, pars. 3, 3^, and h. 
 
 2. Declaration (statutory) required in support thereof — 
 
 1. Certificates (the necessary) — must be obt lined. 
 
 2. Exhibit each one thereto :—y'V7e " Forms," pp. 115 16, par. 5 (1). 
 
 3. Declaration must be (1) prepared, and (2) the declarant 
 declared thereto before either (a) a Commr, Sn:., or (b) J. P. 
 acting in and for the (1) County or (2) County Boro' wherein 
 STich declt resides : — vide pp. 114-15, par. 4, sub-pars. 1 to 8 inrl. 
 
 16 — Relationship (Bfs) to testor — where they are all well-known to the
 
 188 (1) BENEFICIARIES — (2) BOND-DEBTS. 
 
 exors — no formal evidence need be adduced in support (1) thereof, 
 and (2) of claim to a share under his wl. 
 17 — Share {Debenture Stock taken hy a Bfy in (a) p^^rt, or (b) whole 
 payment of his) of the available pslty. 
 
 1. Election for purposes of division — any Bfy may take his share of 
 pslty in D.S. at a price to be put upon it by the exors and 
 
 2. Transfer (a) thereof may be made to such Bfy accordingly. 
 
 3. Valuation (exor's) thereof — if (a) part of the estate consists of D.S., 
 and (b) the exor does not wish to disturb the investment he can put 
 a value thereon. 
 
 18 — Will {as to copy) supplied (a) to, and (6) at the expense of each 
 Residuary legatee (by exors* solr) , for (1) perusal and (2) reference, if, 
 and ivhen required during the continuance of the trust: — 
 
 1. Inquiry {an) from each legatee is prudent as soon as possible after 
 receipt of instrons for pbte, if he will require (1) an abstract, (2) 
 attested, or (8) fair copy thex'eof. 
 
 2. (1) Print {when a) or (2) duplicated type — written copy can be 
 supplied instead of a written copy: — if (1) the will is lengthy, and 
 (2) there are several legatees. 
 
 3. " Registry office-copy " is obtainable (after pbte) thereof, at a very 
 short notice, and at charges somewhat similar in amt. to the exors' 
 soh"'s charge for a copy thereof. 
 
 4. Report {the only reference as to same required in a), ivhere a copy 
 has been s^ipplied as aforesaid : — " Testator, by his last will (a copy 
 whereof has already been supplied to each legatee), appointe 1 
 Messrs. {names) exors thereof." 
 
 4a. Report {ivhen it is unnecessary to set forth an abstract of tester's xvill 
 in a) : — where a copy has been supplied as afsd. 
 
 (13) Bond-debts :— illustrative cases as to same. 
 
 1 — Conveyance by A. of his estate to trustees, upon trust to (1) sell, and 
 (2) apjjly the proceeds of sale in discharge of {a) his bond-debts, 
 and (6) int. then due, and to grow due thereon up to payment. 
 
 2 — Excess {residt in case of) of ppal and int over " bond-penalty " — Where, 
 upon taking the acct, it is found that the ppal and int ujjon some of 
 them exceed sd penalty, the obligees are not entitled to such excess, 
 for the following 
 
 3 — iJeasow :— Because penalties are inserted to (1) secure payment of 
 ppal and int, and (2) the obligor is not answerable beyond {a) the 
 penalty and (b) costs, unless he has, by (1) protracted, and (2) un- 
 founded litigation, prevented the obligees from prosecuting their claims.
 
 (1) BUSINESS (dECEd's), AND (2) CASH, ETC. 189 
 
 (14) Business (deceased's) : important points connected 
 therewith. 
 
 1 -- Asset a (extent to which the testator's) are responsible in the 2 followinij 
 cases. 
 
 (1) Bir^dions (in case of) — to the extent to which lie lias directed 
 their employment in his business. 
 
 (2) Directions (if there are no) — then, to the extent to which thev 
 actually were involved therein at his death. 
 
 2 — Contimmnce (its) — the exors can carry it on, when directed bv the 
 
 will to do so. 
 3 — Debts (outstanding unsecured) due to a deced should (to prevent their 
 
 becoming statute-barred) be got in. 
 4 — Discontinuance (Us) within a year from testators death is -dhsohitAx 
 
 necessary, otherwise the exors will render themscilves personally 
 
 liable to the (1) Beneficiaries and (2) Creditors. 
 5 — Liability incurred in his (a) j^^^'^onal and (b) representative capacities 
 
 respectively by an exor toho carries on his testors business under a 
 
 direction in his will. 
 
 (1) Banlcrxipt (he is liable to be made a) in respect thereof. 
 
 (2) Personally (he thereby renders himself) liable to the Crs of the 
 business, without reference to the extent of the testor's assets to 
 indemnify him, and 
 
 (3) Pledges to such Crs, not only (1) the trust fund committed to him 
 for the purpose by the testor, but also (2) his own responsibility. 
 
 6 — Loss through non-realization tvithin a year — vide imr. 20, sub-par. 8. 
 7 — Misappropriation of assets to be employed therein — the exors are also 
 
 liable to the Beneficiaries. 
 8— Non-realisation (loss throtigh) within a year from death — vide 
 
 par. 20 (8). 
 9 — Non-realisation {when) within a year is justifiable — althoutxh there is 
 
 110 invariable rule that an exor must convert within a yr, the burden 
 
 is thrown upon him, if loss be sustained, of satisfying the Court that 
 
 he had good cause or sufficient reason for the delay. 
 10 — Securities involving risk should be converted, otherwise the exor niiiy 
 
 be charged with any loss sustained by his neglect. 
 
 (15) Cases (2 tables of all important) arranged in 2 
 
 forms : — vide App. " Cases." 
 
 (16) Cash (precautions as to) in any (a) agent's hands, or 
 (b) bank, &c. 
 
 1 — Cash in a bank (not required for immediate disbursement), (a) remains
 
 190 (1) CESTUI-QUE-TRUST — (2) CONSTRUCTION (dOUBTFUL), ETC. 
 
 there at the exors' risk, and (6) should be invested in " Ci)nsols," 
 if no better investment offers itself. 
 2^Cash in the hands of any (1) agent, (2) auctioneer, (3) broker, or (4) 
 other " receiver," (unless (a) duly appointed by, and (h) acting under 
 the authority of any Court), on behalf of (1) an admor (2) exor, or 
 (3) trustee, must not be allowed to remain therein longer than the 
 circumstances warrant its retainer by such agent, &c. 
 
 (17) Cestui-que-trust — ^^s rights where a trustee keeps trust funds 
 in his own hands, vide par. 45, suh-par. 4 (1 and 2) 
 
 (18) Construction (doubtful) of (a) a marriag-e settle- 
 ment," or (b) will — procedure by (1) exors or (2) trustees, to secure a 
 complete indemnity for their acts in relation thereto. 
 
 1 — Case (Sjiecial) — obtain the Court's opinion thereby (Foster v. 
 
 Schlesinger, 54 L. 51). 
 2 — Case {when a Special) is applicable — where in any cause or 
 
 matter (1) the facts are undisinited, but (2) the Court's opinion is 
 
 only desired on the law applicable thereto, the parties may concur 
 
 in stating such questions of law in a Sjjecial Case. 
 3 — Case {when a Special) is directable by (1) the Court, or (2) a judge — 
 
 a question of law occurring in the sd cause or matter may be so 
 
 ordered to be stated in a Spl Case, for the Court's ojiinion, before 
 
 the trial of any issues of fact therein. 
 4 — Case {how the sd Special) is prepared — It is (1) divided into para- 
 
 grajjhs, (2) numbered consecutively, (3) slating concisely all neces-- 
 
 sary {a) documents and (b) facts. 
 5 — Argument {how a Special Case is brought before the Court for) 
 
 (1) S. C. must be (1) printed, (2) signed by («) the parties, or {b) their 
 Counsel, or (c) Solicitors. 
 
 (2) Filed. 
 
 (3) Copies (3) printed) left for the judges' use, and it must then be 
 
 (4) Entered for argument, by delivering to the proper officer a memci- 
 randum therefor. 
 
 (5) Leave {when) is required to set it down — if any party is under dis- 
 ability, ?;o< being a married woman in respect of her sepatate estate, &c. 
 
 (6) Leave {evidence required in support of an appln for such) — an 
 affida\4t, verifying the statements, so far as the sd party's interest is 
 affected, must be filed (0 34). 
 
 6 — Argument of a Special Case. 
 
 (!) Contents {the whole) of the sd documents may thereon be referred 
 to by the (1) Court and (2) parties. 
 
 (
 
 (1) CONSTRUCTION, (2) CONTRACTS, AND (3) CONVERSION. 191 
 
 (2) Inference ((iny) of (a) fact, or (h) law which u\'\'^h\ havt; been 
 drawn, if proved at the trial, may he drawn ]>y the Court from the 
 sd documents. 
 
 (19) Construction (doubtful) of a will -2 <i1f,'r)iative courses 
 in such a ca-se, viz : — 
 
 1 — Administration (an) of the estate under the Court's direction, or 
 2— "Trustees (procedure under the) Relief Act,'' 1859 (22 3 V. c. 35 
 
 s. 30). 
 
 (19a) Contracts whereon exors. (as such), are generally (a) 
 liable, &c. (b) can sue. 
 
 1 — Lial)le {(is. K-hereon an exor, as such, is generally) —All cts made by 
 testor. in his lifetime, and for breaches thereof (1) before, or (2) 
 after his death: (Wilson v. Wigy, 10 East, 313). 
 
 2 — Sue (cts. whereon (a) an admor. or (h) e.vor. may) — All personal cts. 
 made with his intestate or testor, in respect of the damages accrued 
 from their breach (whether (1) before or (2) after death), to latter's 
 personal estate. 
 
 2a — Sue (when an exor. can) on a ct. (1) relating to, and (2) running with 
 the land. — "Where the reversion is a chattel interest in latter. 
 
 (19b) Contracts (an a c is not maintainable ag-st. an 
 exor. for his testor 's non-performance of the following" :— 
 
 1 — Agency (upon a contract of), as it dies with him, and is, in g-ejieral, 
 revoked by death ( (1) Sihoni v. Kirkman, 1 M. A: W. 423, per 
 Baron Parke, and (2) Werner v. Humphreys, 2 M. A: G. 853.) 
 
 2— Capacity (a contract founded exclusively on the testor's (1) intel- 
 lectual) , and (2) personal skill, as such ct. dies with him 
 
 3 — Tmjjersonal (testor's ct. of an) nature — Exor. is bound to extent of 
 assets only. 
 
 4 — Marry (breach of promise to), this being an act (which dies with him), 
 strictly personal: (Chamberlain v. Williamson, 2 M. & S. 408.) 
 
 5 — Personal (a ct., except for past breaches thereof , for) services — tnde sul>- 
 par. 1. 
 
 5a — Personal (a ct. of a) nature, (1) performable by, and (2) unbroken 
 during the lifetime of the testor, ends with his death. 
 
 (20) Conversion (exor's duty in relation to the) of an 
 estate or "realisation of the assets "- 
 
 1 — Auction (a sale by p^iblic) is (for the reasons specified in sub-par. 2), 
 the safest method for exors to adopt in realising most kinds of 
 property. 
 
 2 — Auction (advantages of an attempted, but abortive, sale by public).
 
 192 CONVERSION, ETC. 
 
 (1) Private (traatinj ivifh a likely pcJir hy) contract or treaty — the bids 
 offered at sacli auction form a basis therefor. 
 
 (2) JJndervalue, &c. — the fact that the ppty has been (1) advertised, 
 and (2) put up for sale by auction, affords an answer to any accusa- 
 tion that a subsequent sale by priva'^e ct, has been at an under 
 value. 
 
 3 — -Case (leading) — Howe v. JEarl of Dartmouth, vide " Leading Cases" — 
 
 App. "Cases." C. S. 
 4 — " Compov,nding debts" or settling tvith a dr to the trust estate (under 
 
 44/5 r. c. 41, s. 37, in substitidion for 23 '4 F. c. 145, s. 30), on the 
 
 best terms reasonably obtainable. 
 
 (1) " Comjjounders (statutory) " (1) an exor, or (2) 2, or more trustees, 
 acting together under a settlement, unless a contrary intention is 
 expressed, or (3) a sole acting trustee, empowered, by the trust 
 instrument to execute the powers and. trusts thereof. 
 
 (2) Powers (their several statutory) — vide par. 28, sub-jjar. 4a. 
 
 (1) Abandon (to) any debt, without being responsible for any loss 
 occasioned thereby, if done bond fide. 
 
 (2) Arbitration (to submit any debt to), &c., without, &c. 
 
 (3) Composition (to accept any) for payment thereof, without, &c. 
 
 (4) Compound (to) for any debt, (fee, without, «fcc. 
 
 (5) Compromise (to) for any debt, &e. , without, &c. 
 
 (6) Security (to accept any) for payment of such debts. 
 
 (7) Settle (to otherwise) any such debt. 
 
 (8) Time (to allow) for payment of such debt. 
 
 5 — Direction (effect of a) to convert pslty "as soon as conveniently may be." 
 Exor's year — As between the (1) Bfs and (2) exors, one yr is 
 allowed for conversion, unless under special circumstances, a longer 
 delay is reasonable. 
 
 6 — Duty (exor's) — 
 
 (1) Debts fall outstanding) due to the deceased — to get in same. 
 
 (2) Realise (to), and convert into money (a) sufficient of the assets to 
 satisfy all (1) debts and (2) death-duties, and (b) all remaining 
 assets, for division amongst the Bfs. 
 
 7 — Insurance (Life) Claims procedure — Vide App. I, pp. 150-60 incl. 
 
 8 — Laches (exors') — they are personally responsible for loss occurring 
 through want of diligence in getting in, within ayr, any outstanding 
 debts due to the estate, unless good cause therefor is shown. 
 
 9 — Leaseholds {when an exor may sell specifically bequeathed) . 
 
 (1) Debts (for payment of) — (1) an exor has fuU power to sell same
 
 CONVERSION, ETC. 193 
 
 therefor, and (2) a pchr is under no liability to see to the applu of 
 
 the purchase money, unless a 2>eriod of more than 20 yrs has elapsed 
 
 since testor's death. The 
 (2) Pchr, in any case, should require the concurrence of both the (I) 
 
 assenting exor, and (2) the specific legatee in the assignment thereof. 
 10 — Legatees must %vait a year, if the exors require it, and latter should 
 
 not hand over any assets to Bfs. until all (1) debts and (2) liabilities 
 
 are (a) paid or (fc) provided for. 
 11 — No (cases wherein) conversion is required — vide par. 21. 
 12 — Purchasers (forbidden) — alphabetically classified list of ps incapable of 
 
 purchasing any part of testors estate at a sale by (1) private treaty, or 
 
 (2) public auction. 
 
 (1) (1) Agents, (2) auctioneers, (3) counsel, (4) creditors who have 
 been consulted as to mode of sale, (5) solicitors, (6) trustees who 
 have accepted the trust, (7) registrars, and (8) trustees in bank- 
 ruptcy, or (9) any person who, being (a) concerned, or (b) employed 
 in another's affairs, has acquired a knowledge of his ppty. 
 
 (la) The said restriction applies also to (1) a7i admor or (2) exor. 
 
 (2) Reason — if persons having a confidential character were permitted 
 to avail themselves of any knowledge acquired in that capacity, they 
 might be induced to (1) conceal their information, and (2) not 
 to exercise it for the benefit of the persons relying upon their 
 integrity. 
 
 (13) Railway (sale by exors to a) Co. by private treaty — Where a portion 
 of the testor's ppty is (1) required for the purpose of enabling a 
 Eway Co. to construct a Rway, and (2) the exors have been served 
 with the usual " Notice to treat" for the sale thereof by the Co.'s 
 Solr, and (3) negotiations eventually lead to a sale, without ai'liitra- 
 tion, the exors are perfectly justified in selling by private treaty in 
 pursuance of such notice. As a general rule, a much higher price 
 is obtained, under these circumstances, than could possibly be 
 obtained under the most favourable circumstances if the ppty had 
 been (a) put up for sale by public auction, and (b) thereby sub- 
 mitted to the keenest competition. 
 
 14 — (1) Shares and (2) Stocks are best sold through a Sharebroker. 
 
 16 — Ships (as to) tohich cannot he sold forthwith without great loss — vide 
 sub-par. 19. 
 
 16 — Ships (income arising from) — if a testor had given his exors full 
 power to (1) retain the shijis mtntionedin sub-par. 19 as long as they 
 thought advantageous, or (2) invest the estate moys upon similar
 
 194 CONVERSION, ETC. 
 
 ships, ihe Ufe-tenant ivould have been entitled to all the income arising 
 therefrom. 
 
 17 — Tenancies of testo/s properties — If the same are (1) yearly, and (2) 
 the rents thereof are received quarterly, or \ yrly, the Solr. caa 
 (subject to a satisfactory arrangement as to the commission for col- 
 lection), receive them at his office. 
 
 18 — Time for conversion, &c. 
 
 (1) " Reasonable time " — an exor cannot be compelled to proceed with 
 the distribution of an estate, if he can show that a reasonable time has 
 not elapsed. 
 
 (2) Reasonable (interpretation of) time. — Strictly there is no defined 
 time for winding-up an estate, and " reasonable time " must be inter- 
 preted according to the (1) magnitude of the estate, and (8) compli- 
 cation, or (3) simj^licity of its character. 
 
 (3) Criterion (some) is to he obtained from the legal provision that (1) no 
 exor can be compelled to pay a legacy under 12 months, and (2) a 
 Cr. must make out a strong case to go successfully into Ct, and 
 recover the amt of his claim under that j^eriod, and (3) how far either 
 a Cr or legatee may be compelled to wait depends entirely upon the 
 special circumstances of the case. 
 
 19 — Time for a conversion — A testor, after (1) bequeathing and (2) devis- 
 ing all his ppty to his trustees, (3) directs them to (a), convert same 
 into money, and (6) invest it in Government or real securities, (c) 
 pay interest to his widow for life, and {d) after his death, corpus to 
 be divided amongst his children. 
 
 Part consists of ships, which cannot immediately be sold without 
 great loss, but which produce a considerable income ; they need not, 
 but (1) a value must be jnit upon them, and the ividotv shall he entitled 
 to 4 p. c. thereon, (2) residue of income therefrom must then be 
 invested, and (3) the life-tenant will be entitled to the income of 
 such invt, (4) corpus being secured to the remaindermen, i.e., the 
 children. 
 
 20 — Wasting property — Where same is included in a general residuary 
 bequest, to be enjoyed by persons in succession, it must be (1) sold 
 by the exors, and (2) the proceeds properly invested within a yr from 
 testor's death (Brown v. Gellatly, 2 Ch. App. 751). 
 
 21 — Wasting (leading case as to the realisation of) j^pty, rfr. — Howe v. Earl 
 of Dartmouth ; vide " Cases." 
 
 22 — Year (exor's) — Exors ai'e allowed by law (as agst (1) Bfs and (2) 
 legatees under the wl) a yr from testor's death wherein to (a)
 
 CONVERSION, ETC. 196 
 
 realise his ppty, (b) complete payment of debts, &c., and (r) convert 
 into money such part as ought to be converted before a distribution 
 of the I'esiduary estate amongst the Bfs. 
 
 (21) " Conversion (no) " — Assets which need not he (a) realised and 
 (b) converted into money by the exors. 
 
 1 — Specie (in) — if such assets are so given by will. 
 
 2 — Statu (in) quo — if they are directed to be retained in the form in 
 
 which they were left by the testor. 
 3 — Statutory investments (a) authorised by wl, or (b) permitted by law to 
 
 exors and trustees (as to ivhich vide " Trust Funds Invt. Act." App. 
 
 S 1.) — if such assets are within the scope thereof. 
 4 — Trust (an outstanding) — if one exists. 
 
 (22) "Conversion (constructive) "—the equitable doctrine 
 thereof. 
 
 1 — Case (leading) — Fletcher v. Ashburner, 1 L. C. Eq. 659, 2nd ed. 
 
 2 — Date of conversion, if the direction is by deed — it will (unless any 
 
 special time is thereby fixed), take place from its date. 
 3 — Date of conversion if the direction is by wl — from the testator's 
 
 death. 
 4 — Death (effect of Vendor's) before payment of the purchase-money . 
 
 1. Personal (Vendor s) representative — it is payable to him. 
 
 2. Railway (in case of the talcing by a) Co., under the "Lands 
 Clauses Consolidation Act," of land whereof A. is seised in fee, who 
 dies (a) after the anit of cpson is settled, but (b) before payment, 
 as a conversion takes place (sinless A. be (1) a lunatic or (2) under 
 any other incapacity), such cpson will be payable to his psonl repre. 
 
 4a — Definition thereof — 
 
 1. Land (realty), (a) articled, (b) contracted, or (c) directed to be (1) 
 sold and (2) turned into money, and 
 
 2. Money directed (by strictly imperative words), either by a (1) con- 
 tract, (2) deed, (3) marriage articles, (4) marriage settlement, (5) 
 will, or (6) otherwise to be (a) employed or (b) laid out in the pur- 
 chase of land, are generally (1) cons dered or regarded, and (2) will 
 jjass, and be descendible, and (3) devisable as that species of ppty 
 into which they are respectively directed to be converted. 
 
 2a. The sd money in Case No. 2 is liable to the payutent of simple contract 
 debts. 
 5 — Election by an owner to take the property iu either character. 
 
 1. A trustee, who happens to be absolutely entitled to the pl»ty, may, 
 as owner, so elect. 
 
 o 2
 
 196 CONVERSION (constructive), etc. 
 
 5a — Election (hov the pj^jty jjasses pending an) — as if actually converted. 
 
 5b — Ejection {oiti's prohandi in an) — it falls on those who show au 
 election to take it in another character tLan that it would have if 
 converted . 
 
 6 — Election {a joint) — irhen same is necessary . 
 
 If land be held on trust for (1) sale, and conversion into money, 
 and (2) distribution of proceeds among A. B. and C, they may 
 jointly elect to take («) the land, or {h) their share as realty, hut 
 one of them cc.ahot elect icithout the others {HoUoway v. Badclijfe, 23 
 Beav. 163). 
 
 7 — Election hy one only — alternative courses where A. alone wants to tahe 
 land, or his share, as realty. 
 
 1. Consent (the) of B. and C. to a division of it must be obtained, in 
 which event the trindees should he indenmified. 
 
 2. Purchase by A. of the shares of B. and C. therein. 
 8 — Enforcement (persons entitled to an) of a conversion. 
 
 1. (1) Person (the) to whom the ppty directed to be converted is 
 limited, and the 
 
 2. Representatives (personal) of such person. 
 
 9 — Fund in Court, directed to he laid out in the purchase of land. 
 
 If A. (1) becomes absolutely entitled thereto, and (2) subsequently 
 
 dies intestate, his hr-at-law will be entitled thereto, unless A. had, 
 
 iu his lifetime, elected to take it as pslty. 
 10 — '■'Inoperative" — vhen the operation of the said doctrine ceases. 
 
 When money to be converted gets into the hands of one who is 
 
 al)solutely entitled thereto either way. 
 II — Non-realisation, (requested) of a share of proceeds of the sale of (a) 
 
 land rested intr-ustets.and (h) directed to he sold. 
 
 1. If A. (sui juris), entitled thereto, wishes it to remain unrealised, it 
 would be deemed to be money under the sd doctrine. 
 
 2. A person for whose benefit a conversion is to bi made may elect to 
 take the ppty in its unconverted state. 
 
 12 — Eeason therefor — Because equity (a) looks upon, and (h) considcxs 
 that as done which is agreed, or ought to be done. 
 
 13 — Tenancy in common — where money is directed to be laid out in land, 
 to the use of several persons as tenants in common, one may elect to 
 take his share of such money. 
 
 14 — Time {(he) vhen a convtrsion takes place — vide sub-pars. 2/3. 
 
 (23) Costs (cases wherein) are (a) allowed, and (b) dis- 
 allowed respectively :—
 
 COSTS:— (1) ALLOWANCES, AND ("2) DISALLOWANCES. 197 
 
 (1) Cofffs (cases icherciii) ((re iiskkIIii idhnred, Xr. 
 
 1 — Ad mo K {((It) (I'e: — his costs nut i>l" llict state or fniul aiv usually 
 allowed therein to (a) an exor or {b) triistee Itefore jKiyjuent to 
 (1) crs, or (2) legatees, except as specitiel iu .sul^-par. 4 {\ to 4< 
 
 inch). 
 2 — Admon {a Crs) ac: — adniors adnilssiun of (a) assets and (h) debt 
 
 therein: — vide p. 2, pur. 3. 
 3 — Admon (a Cr's) a/c : — effect of an adinoi-'s denial of (a) and, ur {h) 
 
 debt therein : — vide p. 11, par. 'i^S. 
 3a — County {on) Ct. scale only, unless, d-c. — ride par. 'S, sub-par. 3. 
 4 — Defence {a reasonable) : — (1) an adraor, (2) exor, (3) mtf>;ee, or (4) 
 
 trustee who has reasonahly defended pct^'s is not to he deprived «>f any 
 
 right to costs out of a particular estate or fund to which he would 
 
 hive been entitled according to the rules hitherto acted on in the 
 
 Ch. Dn. (O. 65. r. 1). 
 5- — Representaiiiie (result as to costs where an admor or exor (1) admits 
 
 or (2) denies his) character, and (3) judtjiiK at is found a(jst him : — cide 
 
 " Admon " pars. 3 and 36. 
 6 — Suing {reasonably) : — vide sub-par. 4. 
 7 — Supreme {as to costs of a 'cs in the) Ct — vide sub-par. 23 (12). 
 
 :^.B. — No new jurisdiction to award costs is given to the Ct Ijy the 
 
 Jud (1) Acts and (2) Rules {Be Miles' Estate, 34 Ch. Dn. 24 C. A. ; 
 
 56 L. J. 60 Ch). 
 
 (2) Costs of actions in the Hi(ih Ct of Justice. 
 
 l~Act {amending) :—" Sui>Yeme Ct of .Judicature Act, 1890" (53 4 V. 
 c. 44). 
 
 2 — Discretion {cases luherein {a) the Ct or {b) Jud(je has a) :— subject to 
 the (1) Jud Act, (2) rules of Ct made thereunder, and (3) express 
 provns of any Statute (whether passed before or after commencement 
 of '90 Act), all costs of pegs in {a) the admon of estates, and (6) 
 trusts, or (c) the Supreme Ct, shall be in the discretion of the Ct or 
 Judge, who shall have full power to determine (1) by whom, and (2) 
 to what extent such costs are to be paid (s. 5). 
 
 (3) Costs {ivhere a pit, u^ho brin(js an a c in fh- High Ct. <t'v. ■<liiill !>,■ 
 
 allowed) on the County Ct seal,' nnhj. unlc.-'s ntln riri.<r nrdvrxl. 
 
 1— Contract (where he recovers (a) over ^20, l)ut less than i:5() in)— 
 2— Tort (where lie recovers over (a) :£10, l)ut less than ^£20 in). 
 
 N.B. — Judge's discretion -.—he may otherwise direct (s. 116).
 
 198 (1) COSTS, ETC., AND (2) CREDITORS, ETC. 
 
 (4) Costa (calces V'hcrein (a) aii cxor or (h) frm^ft'c. loill he " deprived" of 
 
 In.) h>, fhr C7: - 
 
 1 — Contract (where a pit who brings an a/c in the Hif^h Ct, &c, recovers 
 less than (1) ^20 iu), or (2) £10 in tort ("Co. Cts. Act, '88," 51/2 
 V. c. 43). 
 
 2 — Fraud — where lie has l^een guilty thereof. 
 
 3 — Impropriety in (1) defending 2^c<J>f, or {2) suing : ((a) Re Hoskin's 
 Trusts, 6 Ch. Dn. 281, and (b) Tickner v. Smith, 3 Sm. & G. 42). 
 
 4 — Torf (n'litri' J"' rccnrt'i-n JfXft thnn £10 ///) : — vidr ^uh-pdr 1. 
 
 (24) Creditors' (deced's) several (1) disabilities, (2) rights, 
 and (3) remedies. 
 
 1 — " Crs action, " (on behalf of (a) himself and {h) all other Crs.) 
 against an intestate's (\) admor and (2) heir-at-law, for an adman of 
 the (a) personalty and (h) realty (Schedule to Judicature Rules, '83, 
 A. pt 3, s. t.). 
 
 2 — " Cr's action" (agst exors (who have elected to act) before probate), on 
 behalf of (\) himself, and, (2) all other Crs of the testor, for an admon 
 of his estate. 
 
 Reason why a, Cr may so sue — because the Crs' rights are not to be 
 jirejudiced by the exors' delay. 
 
 3 — Grant {a Cr-apjMcant for a) of admon. 
 
 1. Entitled {when he is) thereto — (a) under an intestacy, or {h) a will, 
 only when there is no d) exor,.(2) lej^atee, or (3) next-of-kin (a) 
 entitled or (b) willing to take a grant. 
 
 2. Entitled (reason why he is) thereto: — Crs only interest in the estate 
 is to get his debt paid, and if no one else conies forward to 
 administer, he is entitled to do so with that object. 
 
 4 — CrapjjllcanVs {requisites of a) fileable afft of amount of estate — 
 
 Date (the) when the debt was contracted must be spec-ified {R'lvdin- 
 
 son V. Burnett, 3 Sw. and Tr. 479), where those j)rimarily entitled 
 
 have not been personally served {Martineau v. Read, 2 Add. 455). 
 5 — Debt {Cr's 4 alternative courses for enforrirxj pnyment of a) due from a 
 
 deced debtor. 
 6 — (1) liankrujitcy (\)\ proceedings in the) Ct. if the debt be of sufficient 
 
 amt, and {b) the estate be insolvent (46/7 V. c. 52, s. 125). 
 
 2. Chancery Division — by issuing a writ therein for such payment. 
 
 3. County (in the) Ct, when the assets do not exceed d£500 (51/2 V. 
 c. 43, s. (i7). 
 
 4. ()ri(jii/(ilinij (ail) summons — by issuing same.
 
 CBEDITOBS' (dECED's) DISABILITIES, ETC. 199 
 
 7 — Debt {recovery of a) from (a) le</ateen or {b) niwt-of-kin — vide par. 
 52 (6). 
 
 7a — Debts {exom' payment , equally, of all testor's) : — vide par. 2iK 
 
 8 — Ejectment of a Cr — grantee from his office. 
 
 1. Costs (his) connected therewith are usually allowt'd to him (Cole v. 
 
 Bea, 2 Phil. 29). 
 2 Ground {only) therefor — }iroof of a better title {Elme v. Da Costa, 
 1 Phill. 176). 
 
 8a — Exor {as to the rights of a Creditor who is appointed) : — vide (1) ])ar. 
 24, sub-par. 16, (2) par. 29, sub-par. 7, and (3) p. 96 (26a). 
 
 9 — '^ Eollowing assets " in the residuary legatees' Juinds- — as to when (1) 
 claimants, (2) a farm-lessor, and (3) unpaid Crs. may do so, vide 
 par. 52 (6). 
 
 10 — Interest \Cr's right to) on (1) a judgment, or (2) Order — established 
 debt. — A Cr whose debt, by law, carries interest, is entitled to int 
 thereon, when established thereunder in an action, at the rate of 
 <£4 p. c. p. a. between the dates of {a) judgment and {b) admon 
 decree, out of any assets remaining after satisfying (1) the costs of 
 the cause or matter, (2) debts established, and (3) int on such debts 
 as, by law, carry int. (O. 55, r. 63). 
 
 11 — "Marshalling of assets" — is such an equitable adjustment or 
 arrangement between (1) Crs and legatees, and (2) Drs and Crs. 
 of the different funds of the common Dr of 2 or moi-e Crs, or 
 claimants, as may satisfy every claim, so far as, without injustice, 
 tills can be done, notwithstanding the claims of particular individuals 
 to prior satisfaction out of some one, or more, of such funds. 
 
 11a — Marshalling {an example of) of assets — If Crs exhaust the personalty, 
 legatees {except (1) charitable, or (2) residuary), are allowed to go 
 against real estate descended {Aldrich v. Cooper, 2 L. C. E(j., 56, 
 2nd ed.) 
 
 12 — " Marshalling of securities " — Similar principles to those specified in 
 pars. 11, lla. the general doctrine being that if A. (aCr) has (1) an 
 interest in, or (2) lien on 2 funds belonging to one person (B.), and 
 another Cr (C.) has the same in or on one only of snch funds, and 
 the claims of both could not l)e satisfied, if A. were to resort to that 
 fund wherein alone B. is interested, then B. has a right in equity to 
 compel A. to resort, for satisfaction, to the other fund in the first 
 ^ instance, whenever it will not (a) operate to tlie j.rejndice of A.'s 
 
 ^^ rights, or (fc) control his remedies, or {c) prejudice the common
 
 200 (1) creditors' (DECEd's) disabilities ; (2) CREMATION. 
 
 12a. — Marshalling (2 examples of) of securities — (1) Where (a) A. has 
 a charge on coi^yholds, and (2) freeholds, and ih) B. one on freeholds 
 only, B. can require satisfaction of the former ont of the copyholds, 
 so far as they will extend {Tidd v. Lister, 10 Hare, 157). 
 2. (1) Blackacre (value dei0,000), and (2) Wbiteacre (=£5000), are 
 mortgaged to A. to secure £7500. B. has a second mtge on 
 No. 1 alone to secure de5000 ; equity will marshal these securities 
 in B.'s favour, whenever, etc. (vide st/h-par. 1 ; Barnes v. Rackster, 
 lY.&C. 401). 
 
 13 — Notice (a stattitory) to Crs — as to its indemnifying effect, vide 
 par. 52, snb-pars. 7 and 15. 
 
 14 — '^Originating Summons"— as to the (1) advantages and (2) objects 
 thereof: — vide " Admon" (Chancery). " Administration," p. 49, par. 
 14, sub-pars. 1/6 inch 
 
 15 — Proof of a debt after the Chief Clerh's Certificate — for the circum- 
 stances under which a Cr can thereafter prove in a Cr's action, vide 
 '^ Admon" (Chancery) pp. 50/1, par. 19 (1/2). 
 
 16 — "Retainer" (by (1) an admoi--Cr, or (2) exor-Cr) of an oi-dinary 
 simple contract debt (6 yrs old) due to himself — vide (1) par. 24, 
 sub-par. 16, (2) par. 29, sub-par. 7, and (3) j). 96, sub-par. 26a. 
 
 17 — "Satisfaction" of a debt (by a pecuniary legacy) to a Cr of the 
 testor — vide p. Q\, par. 10, sub-pars. 1/3 incl, for the 2 leading cases 
 thereon. 
 
 17a. — Satisfaction (when the sd legacy is considered in equity to be an 
 " extinguishment " oi*) of the debt — vide p. 81, par, 10, sub-pars. 2/3. 
 
 176. — Satisfaction — inapplicability of the sd rule in 3 specified cases — 
 vide 2^- ^1, par. 10, sub-par. 3. 
 
 18 — Will (an apj^licant for an admon grant under a) is unopposahle by a 
 Cr. — (Menzies v. Pullbrook, Curt., 845). 
 (25) "Cremation": — the (a.) law and (b) procedure affecting or 
 
 relating thereto. 
 
 1 — Custom (usual) -. — Although cremation is not contemplated by the 
 " Burial-Service," yet, where a body has been consumed in a fire, 
 it has been customary to (1) collect, and (2) bury the ashes, with 
 the use of such ofiice or service. 
 
 la. — Custom (the following of the sd) after cremation, jnirsuant to deced's 
 wishes .-—is legally unobjectionable (Per Dr. Tristram, Chancellor 
 of the London Diocese, In re Dixon, 29/7/92 ; 27 Law Journal, 
 5/6). 
 
 2 — Direction (a) by a testor " that his body should be given to B. (not
 
 (1) CREMATION, AND (2) DAMAiiK TO I'Rol'KHTY, KTC. 20l 
 
 an exor), with a view to its l.t'int,' Imriit," was Ii.'l.l n-.t .•iiforceable, 
 and void. 
 
 3 — " Disinterment " {have for) iras re/used in a recent rasr, when- a 
 husband's remains had been buried 18 yrs previouslj? in conse- 
 crated ground, and his wife, who was extrix, now desired that 
 they should be exhumed with a view to cremation, he having 
 given her the option of either (1) burial or (2) cremation. 
 
 4 — Misdemeanor (2 cases wherein cremation amounts to a) -. — 
 
 1. Inquest {'prevention of an) : — if it is done with a view thereto 
 {Per Stephen. J in (1) Beg. v. Price, L. R. 12 Q. B. D. 247 ; 
 and (2) see Beg. v. Stephenson, L. R. 13 Q. B. D. 331 ; -53 
 L. J. M. C, 176). 
 
 2. Nuisance (a) — if it be done so as to amount thereto. 
 
 5 — " Precede (cremation should) burial in consecrated ground, when both 
 
 are desired. 
 6—''Bemai7is^' (reason why a perso7i cannot dispose of his) by will: — 
 because (by the law of England) there is no ppty in a dead body. 
 7 — Bemains (post-mortem custody and possession of) until b^irial: — 
 
 belong to the exor (Willianis v. Williams, L. R. 20 Ch. Dn., 659; 
 
 51 L. J. R. 385). 
 
 (26) Damage to (a) Cottage, or (b) other property, by mining 
 operations- 
 
 Procedure from (a) ^'' inspection ^^ thereof to (b) an amicable settle- 
 ment of claim therefor, iritJiout prejudice to any rloiin for furtlnr 
 damage. 
 
 1 — (1) Inspection of sd pp)ty, and (2) Beport (after a very careful ?wi7'.*//- 
 gation into the cause of the damage thereto), as to state thereof: — 
 instruct a competent (a) Builder or (h) Surveyor therefor. 
 
 2 — "Estimate" (latter's) or Beport (covering amt of dam ge done up to 
 date), must be (a) obtained Ijefore a formal apphi for comj^ensation, 
 and (b) made up as follows, viz. : — 
 
 1. Depreciation in the saleable value of the damaged property. 
 
 2. Bepairs (exors' exjDenditure in necessary) thereto up to date. 
 
 3. Bestoration — amount required to make good the damage therett>. 
 
 3 — Appln {formal written) for compensation must be sent to the (1) 
 Colliery Proprietor, or (2) other party liable for payment thereof 
 {vide "The Legal Correspondent" for the special forms of letters 
 relating thereto). 
 
 4— Liability (disputed) — He relied on 2 p..ints or " general defences "
 
 202 (1) DAMAGE TO PROPERTY ; (2) DEATH, ETC. 
 
 (inter alia) in support of his alleged exemption from liability for 
 the sd damage, viz. : — 
 1. Deposit {shiftiny of an '' alluvial "), caused by " working " on (a) 
 the easterly, or (b) other side of a fault : — that the alleged subsidence, 
 &c., was attributable or due thereto. 
 *2. Limitations (Statute of ) : — protection afforded thereby. 
 5 — " Proposals "for a settlement submitted to his solicitors. 
 
 1. Damage (any future or ^'^ prospective'^) : — to enter into a written 
 agreement to make same good. 
 
 2. Daiimge ((1) j^'-'-^^ f*^^^ (2) present) : — that he should pay 
 therefor. 
 
 6 — Settlement (qualified receipt given on a) of all claims for (a) past and 
 (b) present damage, ivithout prejudice to any claim for further 
 damage: — vide ''Receipts, &c.," App. B., sub-par. 6. 
 
 (26a) Damag-e (as to further provable subsequent), the 
 result of continued working" :— 
 
 Claim (reason u^hy a further) can be made therefor: — because the 
 
 sd rect does not (1) estop the owner, or (2) finally close the matter. 
 
 (26b) Death (the effect of the) of a party or parties in the 
 following cases : — 
 1 — " Contractors " : — as to the respective (1) rights and (2) remedies 
 
 of contracting parties on the death of either party to a contract, 
 
 vide " Contracts " (Miscellaneous) pars. 19a and b. 
 2 — Exor's (an) death before pbte : — vide '' Ante-pbte acts" (Miscellaneous) 
 
 par. 8, sub-par. b. 
 3 — Joint promise by A. and B to C. (all deced, leaving exors) : — C.'s exors 
 
 should sue the exors of A. and B. 
 4 — Obligors (death of 1 of 2 joint) in a bond : — vide par. 27a (1, 2, and 3). 
 
 1. Com^mon law rule : — Hitherto the a/c, in such a case, has been 
 brought agst the survivor, for, at common law, it is a rule that " in 
 case of a joint contract respecting pslty, if one of the contractors dies, 
 his admor or exor is discharged from liability." 
 
 2. Equitable rule : — In certain cases, a joint bond has been considered 
 as several, but there is no settled equitable rvle that a ct which is, 
 in its terras, joint, and so interpretable at law, would be treated in 
 equity as joint and several (Kendall v. Hamilton, 3 C. P. Du., 403 ; 
 5 App. Cas. 504 ; 48 L. J. 705, Q. B.). 
 
 3. Equitable rule prevails where there is a conflict between same and 
 the common law ride (J. A. '73, s. 25 (11)). 
 
 4. Joinder of j)arties as defts : — All may be so joined agst whom a
 
 (1) DEATH, (2) DEBT, (3j DEBTORS, AND (4) DEBTS, ETC. 203 
 
 right to any relief is alleged to exist, whether (1) alti-nialively, 
 (2) jointly, or (3) severally (0. 16, r. 4). 
 5 — Solicitor's ajc -. — vide " Executors^" p. 94, par. 3, fnih-jjur. 3. 
 
 (27) Debt due from an executor to his testator :—the effect of a 
 
 Cr. (rt) appoint i)i(j his dehiitr cior of his will, ami {b) then dying. 
 
 1 — Formerly at law, where a deht was due from nn exor to his testor, 
 the same was extinguished. 
 
 2 — Extinguishment (reasons of such) : — (1) the exor could not sue him- 
 self, and (2) when the remedy is suspended by the Cr's voluntary 
 act, it is for ever gone, but 
 
 "d— Equity (in), the exor was held a trustee for the benefit of the 
 persons entitled under the will. 
 
 4 — Judicature (since the) Act, 1873, the sd equity rule will prevail. 
 
 5 — E.g. : — if a testor (1) bequeath to A. ,£1000 owing to him by B., 
 and (2) appoints B. his sole exor, who (3) proves the will, A. should 
 administer the estate, if B. refuses to j^ay such legacy. 
 
 (27a) (a) Debtors (joint), and (b) joint liability :— 
 
 1 — (1) Bond (a), (2) contract, (3) covenant, or (4) obligation under seal 
 made with 2 or more persons jointly, to (a) pay money, or (b) do 
 any other act for their benefit, shall be deemed to indude and 
 imply an obligation to do such act for or to the benefit of the 
 survivor or survivors of them (44/5 V. c. 41, s. 60). 
 
 2 — Death (result on the) of any one joint debtor : — 
 
 1. Deced's (discharge of the) estate from all liability, both (a) at law, 
 and (b) in equity. 
 
 2. (1) Survivor or (2) survors may be sued for the whole debt, as 
 though the deced was unconnected therewith. 
 
 3 — Judgment (result of death of 1 of 2, or more joint) drs : — Survivor's 
 goods and chattels will be exclusively leviable un Jcr the writ of 
 execution or fi. fa. issuable thereunder. 
 
 (28) Debts (payment of all just) owing by the deceased, (pur- 
 suant to a " statutory notice to creditors "), out of his personalty. 
 
 1 — Admon (equitable) : — estates now thns liable thereto, vide sub- 
 par. 6 (2). 
 
 la — " Charges " (certain specified) by will, &c. : — vide sub-par. 4, as to ihrir 
 effect. 
 
 2 — Cheque (payment of all outstanding accounts above £\ by the exor's) is 
 always desirable, in order that the possil>ility of any dispute 
 respecting (1) the date of i)ayment and (2) amt ydid may be thereby 
 avoided.
 
 ■204 DEBTS : PAYMENT THEREOF UNDER A " STATUTORY NOTICE." 
 
 3 — Declaration {exor's statutory) verifying payment -. — vide Forms, pp. 
 
 113 14. 
 3a — Defendants in an adnion suit in Ch. Dn. -. — (1) Devisee or (2) heir. 
 4 — Direction {effect of a simple) in a will (1) " that testors debts shall 
 
 he paid, or (2) shall he paid hy his exors." 
 
 1. Charge (a) on the realty (which becomes " equitable assets"), 
 for their payment, is thereby created. 
 
 2. Secus : — the i>resumption is that the exors are to pay out of the 
 personalty. 
 
 3. Intention {ivhen it hecomes a question of) whether testor did not 
 intend to charge his lands : — if an exor is a clevisef* thereof, either 
 as (1) beneficiary, or (2) trustee. 
 
 4a — Discretionary {an exor's) powers in relation thereto : — he may (1) 
 abandon, (2) allow, (3) compound, (4) compromise, (5) pay, or (6) 
 otherwise settle any acct, claim, debt, &c., relating to testor's 
 estate, on any evidence that he thinks reasonably sufficient. 
 
 5 — " Equality in payment, &c. — for the successive statutory steps 
 whereby a deced's lands have been made liable to the payment of all 
 his debts equally, vide pjar. 29, suh-pars. 1 to 6 inch, pp. 206/7. 
 
 6 — Equitahle admon — for payment of the dehts of a deced (a) copyholder 
 or (h) freeholder : — vide suh-par. 3a. 
 Estates now liable to equitahli adnion. — any estate or interest in 
 lands, tenements, or hereditaments, (I) copyhold or (2) freehold, 
 which the deced owner has not, by his will, (a) charged with, or 
 (6) devised subject to the payment of his debts. 
 
 7 — Fund {pjrimary) for payment of dehts, except mortgages charged, upon 
 specific properties — the residuary personalty, unless it is exempted by 
 (1) express words in the will, or (2) testor's manifest intention 
 {Duke of Ancaster v. Mayer, 1 White and Tudor's L. C. Eq., 6th 
 edn. 723) ; vide suh-jxirs. 13o and 15a. 
 
 7a — Fund, &c., where {a) there is no residuary pslty, or (h) it is insufficient, 
 testor's other property mast he applied in the following order : — 
 
 1. Residuary personalty. 
 
 2. Real estate devised for payment of debts. 
 
 3. Real estate descended. 
 
 4. Specific (1) bequests, and (2) devises charged with debts. 
 •5. General pecuniary legacies. 
 
 6. Specific bequests and devises, and 
 
 7. Appointed realty or personalty. 
 
 8 — Insufficiency fjf assets to pay dehts — Order of payment thereon. N.B.
 
 DEBTS: — PAYMENT THKKEOF UNDER A " STATUTORY NOTICE." 2ll.'> 
 
 Advice should be taken, as the law is somewhat unsettled as reijanh lli> 
 order of Nos. 4, 5, avd 6. 
 
 1. (1) Funeral (ivasouable) and (2) testameutary expenses. 
 
 2. Crown (debts due to the) — 
 
 3. Official (debts due from testor in an) capacity, as official of (1) a 
 Friendly Society, or (2) Savings Bank, or (3) an Overseer of the 
 Poor. 
 
 4. Usages (for not exceediny 4 months) due to (1) Clerks, (2) ser- 
 vants, and (3) Workmen, and (4) total amt due to labourers in 
 husbandry, hired for a lump sum, payable at end of year of hirini;. 
 
 5. Judijment debts, where judgment his been (1) obtained, or (2) is 
 registered against an exor. 
 
 6. Other (all) debts, whether due by (1) deed, (2) judgment (other 
 than as specified in sub-par. 8 (5)), (3) for rent, or (4) on simjtle 
 contract, rateably in equal proportions. 
 
 9 — Mortgage (procedure on the exon of a) of leaseholds by, and to enable 
 exors to pay testor s debts — 
 
 1. Schedule (a) of the several deeds and documents (vide Forms) 
 delivered up to the mortgagee, should be (1) prepared by his 
 solr, and (2) signed by such mtgee, for the purposes of identifica- 
 tion, if and when required. 
 
 2. Schedule (sd) should be (1) delivered up to, and (2) retained by the 
 acting exor, for re-delivery to the mtgee, on payment of his principal and 
 interest. 
 
 9a.— Notice (statidori/) to Crs— as to the (1) law and (2) procedure 
 
 thereon, vide par. 52, svh-pars. 1 to 16 incl. 
 10 — Order of payment on an insufficiency of assets, &c. — vide sub-par. 8. 
 \\ — '' Overlooked'' (3 class ss of debts often) by exors.— thereby involving 
 
 them in pjersonal liability therefor, after the available assets are parted 
 
 with. 
 
 1. Company (of a) or Companies whereof testator was a director. 
 
 2. Guarantees by testator for his " relatives' accounts," and 
 
 3. Mortgages of his property— m^enoxiis by the testator therein. 
 
 \2— Overlooking (result of) testor s (1) Company-claims, (2) covenants in 
 
 mortgages, or (3) guarantees — vide sub-par. 11. 
 IS— Payment of debts (pursuant to a statutory notice to Crs) out of pslty.— 
 
 vide par. 52. 
 \2>a— Personal (the) estate will not be exempted from paynuni nf testor's 
 debts by the following, viz. : — 
 1. Charge (a) upon land.
 
 206 DEBTS : — PAYMENT THEREOF UXDEE A " STATUTORY NOTICE." 
 
 2. Devise (a conditional) of realty, upon condition of the devisee's 
 payment of testors debts (Ancaster v. Mayer, vide ante, sub- 
 par. 7). 
 
 3. Direction (a) to sell land. 
 
 4. Term {the creation of a) for payment of debts. 
 
 136 — Powers (as to anexor's "discretionary") — vide sub-par. 4ffl. 
 
 14: — Preference (repeal of statutory) to Crs by special contract (wherein 
 
 the heirs ^vere bound), by (1) 32 3 V. c. 46, and (2) 38/9 V. c. 97, 
 
 s. 10. 
 15 — " Primary fund "for payment of sd debts — vide sub-pars. 7 and 7 a, 
 
 and 13a. 
 15a — Primary (when the realty lias been held to be the) fund for payment 
 
 thereof — 
 
 1. (1) Debts and (3) funeral exps. — where same have been charged 
 upon such realty, and 
 
 2. Personal (the) estate has been bequeathed as a whole, and not as 
 a residue (vide Ancaster v. Mayer, ante.) 
 
 15& — Primary (proof requisite to exempt the p)slty from its sd) liability : — 
 
 1. Charge of realty with the payment of the testator's debts, and 
 
 2. Discharge of the pslty therefrom. 
 
 16 — Realty (when a deced's) is now statutorily liable (under 3/4 Wm. 
 
 4, c. 104), to the payment of debts generally : — if his pslty is 
 
 insufficient. 
 17 — Statutory notice to Crs : — as to the (1) lau: and (2) practice thereon, 
 
 vide par. 52, sub-pars. 1 to 16 incl. 
 18 — Trust (as to the debts (1) ascertainable and (2) payable snider a) for 
 
 payment thereof, created by (a) deed and (b) ivill respectively : — vide 
 
 " Admnn " (Ch.), p. 47, sub-par. 6a. 
 
 (29) Debts (exors' payment, equally, of all the testator's)— 
 
 Successive (chronologically arranged) steps whereby a deced's lajids 
 
 have been made liable thereto. 
 1 — Heir's (his) former liability — Originally an ancestor could bind his 
 
 heir under seal to pay his debts to the extent of the lands descended 
 
 upon him. 
 2 — Heir (result in case of such ancestor's devise away from such) : — 
 
 1. Devisee (the) was exempt from payment of sd debts. 
 
 2. Simple (as to) contract del»ts, neither he nor the heir was liable to 
 pay same. 
 
 3 — 3 & 4 Will. & Mary, c. 14: — made devisee liable to pay specialty/ (but 
 not simple contract) debts wherein the heir was bound.
 
 DEBTS (eXORS' PAYMENT, EQUALLY, OF ALL TESTOE's). 207 
 
 4—3 & 4 Will. 4, c. 104 (1833) :— 
 
 1. Admon in Chancery for payment of (1) simple ct as well as (2) 
 specialty debts : — a deced's lands were made liable thereto. 
 
 2. (1) Devisee and (2) heir were consequently postponed to all Crs. 
 
 3. Special {Crs by) contract wherein the heirs were bound : — a ]triority 
 for them was retained. 
 
 5—32/3 V. c. 46 (1870)— 
 
 1. Equality (an) established, : — all the Crs (whether (1) simple ct or 
 (2) specialty) are to stand in an equal degree (whetlier the assets be 
 
 (a) equitable or (b) legal), and be paid eqiially. 
 
 2. Exception — mortgage-debts upon either deced's (1) pslty or (2) 
 realty. 
 
 2a. Mortgage-debts upon, &c. — the Act is inapplicable thereto. 
 
 3. Priority (abolition of the distinction as to) of payment between deced's 
 (1) simple ct and (2) specialty Crs, by enacting that "no debt or 
 liability of any such person shall be entitled to priority by reason 
 merely that it is secured by (a) bond, (b) deed, or (c) other instru- 
 ment under seal." 
 
 6 — " Conveyancing and Law of Property Act, '81 " (44/5 V. c. 41, 
 s. 59)— 
 
 1. Defts (persons who may be made) or are personally sunble by specialty 
 Crs only — Deced's (1) devisee or (2) heir (whether (a) named or 
 
 (b) unnamed in the ct). 
 
 2. Liability (extent of sd deffs) :— the assets (1) descended upon or (2) 
 devised to him. 
 
 3. Simple (a) contract Cr's remedy to obtain payment of his debt: — is by 
 an " admon-action " in the Chancery Division. 
 
 4. Specialty (a) Creditor's several rights and remedies: — vide (1) sub- 
 par. 6 (1), and (2) par. 24. 
 
 7 — " Retainer " out of legal assets (in preference to other Crs of an equal 
 degree), of a debt (altho' statute-barred), due to (a) an admor or (b) 
 exor. — 
 
 1. Advantage (an exor-Cr's) over other Crs-— because he may retain liis 
 own debt ((1) Sharmann v. Rudd, 31 L. T. Rep. 0. S. 325, and (2) 
 Wilson V. Coxwell, 23 Ch. Dn. 764). 
 
 2. Judgment (under the usual admon).— Jie is so entitled, notwith- 
 standing that the assets out of which he seeks to retain his debt 
 came to his hands after judgmeyit, if there be no receiver apptd before 
 such receipt ((1) Re Harrison; Latimer v. Harrison, 32 Ch. Dn. 
 395 ; 55 L. J. 687, Ch. ; 55 L. 150 ; (2) Re Jones ; Calver v. Laxton,
 
 208 (1) DEBTS (deferred PAYMENT OF) : — (2) DEEDS REQUIRED. 
 
 21 Cb. Du. 440 ; 55 L. J. 350 Ch. ; (3) Nunu v. Barlotv, 1 Sim. & 
 Stu. 588, and (4) Sharman v. Riidcl, ante). 
 8 — Statute (reason why payment of deced's) barred debt is justifiable. — 
 Because it has been held that the exor is (a) not bound by, and (6) 
 cannot be compelled to jjlead, the St of Limitations ((1) Adams v. 
 Waller. 14 L. 727, and (2) Sharman v. Rudd,ante). 
 
 (30) Debts (suggested procedure where the Exors cannot pay 
 deced's) forthwith. 
 
 1 — (a) Account (a detailed) of his pslty, together with (b) a special circular 
 letter or Report as to the following matters, must be submitted to 
 the Crs, viz. : — 
 
 1. Estate (the position of the) — an explanation thereof. 
 
 2. Time (a request for further) for payment of their claims, until the 
 exors have had an advantageous opportunity of realizing a portion 
 thereof wherewith to pay — vide letter applicable to sd case. 
 
 2 — Failure (Cr's) to reply to No. 1. — for Supplemental letter to them 
 — vide "Letters." 
 
 (31) Deeds (« Schedule of the various), &c., incidental to a (1) Lease 
 of business p>remises, or (2) Sale of fixtures, &c., thereon, and (3) other 
 miscellaneous purptoses. 
 
 1 — Assignment (an) to a lessee of works, of the fixtures, machinery, &c., 
 thereat, purchased by him, where the purchase-money is secured by a 
 contemporaneou s mortgage : — Where an assignee-lessee (1) is unable 
 to pay the amt of the valuation, and (2) it is agreed that the same 
 shall be secured as afsd, the assnt, is treated as in considera- 
 tion of money paid, i.e., by the assnt in conson of £ to the sd 
 exor pd by A., he thereby assigns unto A., for his own use and 
 benefit, all and singular the sd fixtures, &c., specified in the 
 schedule thereunder written, scheduled in order to show on the face of 
 the deed what belongs to A. 
 
 2 — Assignment (an) of the interest in a lease of sd premises (on 
 lessee's death), by his ividow, as (1) residuary legatee and (2) sole 
 executrix. 
 
 Where she (1) advertises the sd business for sale, by private 
 treaty, as a going concern, but (2) is unable to sell it, and 
 
 (3) afterwards adveilises her goodwill and interest in such 
 lease for sale by pubUc auction, which proves abortive, and 
 
 (4) ultimately certain proposals for (a) a lease and (b) purchase 
 of the said fixed machinery are accepted, the agrt specified in 
 p. 182, par. 7, sub-par. 3, is signed.
 
 (1) DEEDS REQUIRED : — (2j DISCLAIMER (deKD OF), ETC. 209 
 
 3 — Direction {deed of) hij feiiiduari/ leyatee to trustees, &c.—vide pp. 42/3, 
 
 par. 10. 
 ^—Disclaimer (deed of) of (!) an exorship, or (2) a Trusteeship — vide 
 
 Form No. 3, p. 115, " Forms." 
 5 — Lease (a) of sd works, refen-ed to in sub-par. 1. 
 6 — Mortgage (a) by sd lessor of (a) sd works, and (b) purchased fixtures, 
 
 &c., to secure to assignor-lessor ami of valuation of latter. 
 
 1. Mortgagor, being unable to pay latter, assigns unto the vitgee 
 (a) sd chattels, and (b) also his estate and interest of and in sd 
 lease, by way of security for sd principal and int. 
 
 2. Demise (a) of sd lease is advisable, rather than a separate Bill of Sale 
 of sd machinery, particularly as, in the event of a sale, latter would 
 be more advantageously realised in connection with the leasehold 
 
 3. Registration of a copy thereof (as a Bill of Sale) is necessary, in 
 order to constitute a good security, within 7 days from its exon in 
 the " B. S. Dejit., Central Office of the Supreme Ct of Judicature." 
 
 4. An official memdum of such registration is annexed to the original. 
 
 N.B.—Vide the "Bills of Sale Acts," (1) '82 (45/6 V. c. 43), (2) 
 '91 (54/5 V. c. 35), and (3) any existing statutory modification 
 thereof, as to the (a) registration and (b) other requisites on this point. 
 
 7 — Release (a) by Beneficiaries to exors on a final distribution, &c. — 
 vide par. 62 (1 to 8 inch). 
 
 8 — Surrender (a) of 1st lease (referred to in sub-par. 5) by lessee's 
 extrix to lessor. 
 
 1. The former surrenders to the latter (1) said demised premises, and 
 (2) all her estate and interest then subsisting therein under or by 
 vu'tue of sd lease, in right of sd deced lessee therein, to the intent 
 that the term of yrs created by sd lease may be merged and extin- 
 guished in the reversion and freehold of the sd premises. 
 
 2. Lease (a) to the new lessee is then didy executed. 
 
 (31a) Disclaimer (deed of) of (a) an executorship or (b) 
 trusteeship. 
 
 1 — Form thereof — vide Forms, No. 3, p)- H^- 
 
 ^—Requisite (w^e?i)— When a declining exor is also apptd trustee by (a) 
 deed or (b) will, and (1) has not accepted the office, and (2) desires 
 to abstain from intermeddling with the testor's estate, he must, in 
 order to divest himself thereof, execute a Dr, to enable the other 
 trustees or ps entitled thereto, to deal therewith without his con- 
 currence. 
 
 L
 
 210 (1) DISTRIBUTION (DEFERRED), AND (2) DIVIDEND WARRANTS. 
 
 3 — Requisite where a trustee-exor renounces (a) pbte and (b) tnists of 
 
 the "wl (vide Forms) : — same must be entered on the records of 
 
 the P.D. 
 4 — Separate (when) disclaimers are still often executed — Where pslty is 
 
 bequeathed to exors as trustees, their renunciation of the exorship 
 
 is, of itself, a Dr of the trust (see (1) Stacey v. Eljyh, 1 M. & K. 
 
 195 ; (2) Re Gordon's estate, 46 L. J. 724, Ch.) in case of realty, 
 
 hut separate drs are still often executed. 
 5 — (1) Unwilling (realty devised to a trustee who is) to act, and (2) has 
 
 not acted. 
 
 The usual and proper course is for him to execute a Disclaimer, 
 
 which, altho' not essential (except in the case of a married ivoman), 
 
 yet affords more satisfactory evidence. 
 6 — Woman (realty devised to a married) trustee, who is (1) unwilling to 
 
 act, and (2) has not acted — vide siih-par. 5. 
 7 — Writ (procedure where a) is issued agst A., who has (a) heen apptd a 
 
 trustee without his consent, (b) has not acted, and (c) is not desirotis 
 
 to act. 
 
 1. Disclaimer — he must put in a defence, disclaiming the trust. 
 
 2. Disclaimer (effect of such) — it divests the estate. 
 
 3 Disclaimer (effect of such), if there is a co-trustee — It vests the whole 
 
 estate in such co-trustee. 
 4. Neiv (appt of a) trustee — if there be no co-trustee, the cestui que 
 trust should apply to the Ct for an order for (1) the appt of, and (2) 
 to vest the trust ppty in a new trustee. 
 (31b) Distribution (deferred) of capital or corpus until a life- 
 
 tenanfs death. 
 
 1. Investment, &c. — after payment of debts, duties, and legacies, the 
 exors will proceed to distribute the net residue of the estate amongst 
 the residuary legatees or persons designated in the will, unless, 
 where it haj^pens, as is frequently the case, that a trust is imposed 
 on such exors to pay the income to some person, such as the testor's 
 widow for life, and to consequently defer the distribution of the 
 capital or corpiis until her death. In this case they must proceed to 
 invest the amt realised in some '^interest-bearing" security, authorised 
 by (1) ?r/)", or (2) the terms of the tvill. 
 (32) " Dividend Warrants : " — applns for their transmission by 
 
 post. 
 
 \— Crossed (may be) -.—vide " Bills of Exchange Act," 1882, 45/6 V., 
 c. 61, s. 95.
 
 (1) DIVISION (interim), AND (2) DONATIO MORTIS CAUSA. 211 
 
 2 — Lodgment thereof: — they sboukl he lodge«l at the Bank of Eii<,'land 
 (for the respective quarters), oii or before the Isf Dee., Mareli, June, 
 and Septr respectively. 
 
 3 — Post (ivhere a form of applnfor their traantnissionhy) is obtainable : — 
 at (rt) the Bank of England, (6) any of its branches, or (c) any 
 money-order office. 
 
 4 — Postahle (when not) — if issued under a " Power of Attorney." 
 
 •5 — " Sendee" — any holder of Stock in the Public funds, residing' within 
 the United Kingdom, may have his D/\v sent to his address by post, 
 on (1) filling up and (2) sending the sd form to the Chief Acct. 
 
 6 — Vupaid JDjw found at testorh decease amongs'; his papers : —must be 
 returned to the Se retary, etc., of the " issuing " undertakinL', for 
 alteration, before presentation to latter's Bankers, oiJurtrise jmy- 
 ment may be refused. 
 
 (33) Division (an interim) of Cash in hank, rf-c, aniomjst resi- 
 duary legatees. 
 
 1 — Circular {issue a) letter to latter with an appt therefor, when it is 
 necessary to divide (1) a portion or (2) the whole of the Cash 
 standing to the exor's credit, amongst the beneficiaries, pending a 
 final distribution. Vide Letters. 
 
 2 — Cheques (exors') for the several amts to be prepared. 
 
 3 — Duty (when) is payable thereon : — Where an exor exercises his right 
 to have an interim divn or divns of (1) a portion of the pslty and 
 (2) proceeds of sale of realty, duty should be pd to Comnirs, Sic, 
 immediately thereafter, on behalf of the parties chargeable therewith, 
 otherwise (a) the same will liave to be accounted for, and (tj) int 
 pd at £4 p. a. on the amt distributed, from date of distribution up 
 to the date of rendering the residuary a;'c. 
 
 4 — Duty {penalty for nonpayment of) immediately after a dirl^lon — 
 vide sub-par. 3. 
 
 5 — Interest {interim distribution) ajc — annexable to residuary u'c — vide 
 '^ Forms ^' in " Somerset House Guide." 
 
 6 — Interest {when an interim distribution) a'c is necessary : — in the t-vent 
 of failure to pay duty at the proper time. 
 
 7 — Receipts { (1) printed and (2) duly attested) by the residuary legatees 
 must be obtained:- — vide Formn of " Ficfijifs"' ui Aji/>. H. 
 
 (33b) Donatio mortis causa (a gift by a dying person). 
 
 l~Case (leading)— Ward v. Turner, 1 White .t T., L. C. E.p. Hth ed. 
 
 1058. 
 2— Definition thereof :— {I) A conditional and revocable gift of pslty, (2) 
 
 p 2
 
 212 DONATIO MORTIS CAUSA. 
 
 made by a doi.or in contemplation of the apprehended (a) approach, 
 or (b) peril of death; (3) evidenced by manual delivery of (a) the 
 ppty itself, or (b) the means of obtaining possession thereof, and 
 (4) conditioned to take effect absolutely in the event of (a) the 
 donor, or (h) a 3rd pty, not recovering from his existing disorder, 
 and (5) not revoking the gift before his death. 
 
 3 — Differences between (1) a donatio mortis causa, and (2) a gift inter 
 vivos, and (3) legacy respectively — vide sub-pars. 6 and 7. 
 
 4 — Duty (irhen) thereon is payable under the " Customs and Inland 
 Revenue Act," 1881 (44/5 V. c. 12)— within 3 mos of death, and 
 interest accruing by survivorship on death of settlor or testor (s. 38). 
 
 4ft — Examples (4) of a good donatio mortis causa — 
 
 1. Bill (a) ofEvchamje (Austin v. Mead, 50 L. J. Ch. D. 30). 
 
 2. Bond («). 
 
 3. Cheque (donor s) upon his banker, which should always be (a) pre- 
 sented and (b) cashed in (because it can only be made effectual 
 during) dr's lifetime: (1) Hewett v. Kay, 37 L. J. Ch. 33 and L. R. 
 6 Eq. 198 ; (2) Tcde v. Hilbert, 2 Ves. Jvui. Ill, unless paid away 
 for value before his death (Rolls v. Pearce, Ch. D. 730). 
 
 4. Note (a banker's deposit). 
 6~Kinds (2)— 
 
 1. Condition (a) defeating the gift — that dependent thereon. 
 
 2. Death (immediate) — that dependent thereon. 
 
 1. Recovery, rfr. — I give it to you on condition that you re-deliver 
 it to me if I recover from my present illness, or 
 
 2. Return from (a) abroad or (b) battle. 
 
 6 — Legacy (2 particulars ivherein it differs from a). 
 
 1. Assent (uo) of (1) admor or (2) exor is required to perfect donee's 
 title. • 
 
 2. Effect (it takes) sub modo fi'om delivery in the donor's lifetime ; 
 
 2a. Testamentary (it cannot, therefore, be proved as a) act in the Pbte 
 Dn. 
 7 — Legacy (5 particulars u-herein it (a) differs from a gift inter vivos and 
 (b) resembles a). 
 
 1. Debts (donor s) — it is liable thereto, on a deficiency of assets. 
 
 2. Duty (probate) — it is liable thereto. 
 
 3. Irrecoverable (u'hen)—ii the donor survive the donee. 
 
 4. Revocable (it is) diu'ing dr's lifetime (Smith v. Cason, 1 P. Wms. 
 406). 
 
 5. Wife (donor s) — it may be made to her.
 
 (1) DONATIO MORTIS CAUSA. (2) K8TATE I'AI'EKS, ETC. 213 
 
 8 — Railway (a) share certificaie camutt I'c tho siil.jt'it ot" it {Moore v. J/., 
 
 L. R. 18 Eq. 474). 
 V — Requisites (2) to supjJort a Jouatio nmrtis cansii. 
 
 1. Delivery of the tiling' given {Ward v. Turner, uuie), and 
 
 2. Evidence of the («) clearest and (6) most uufquivocal character 
 (Cosnahau v. Grice, 15 Moo. P. C. 215). 
 
 10 — Trust (a) — it may be made subject thereto. 
 
 11- — Void (a) donatio mortis causa, or intended charitable ijift. 
 
 1. jE".;/., a lady, during the night in which she died, (1) signed, and 
 (2) handed a cheque for <£600 to a trustee of a charity (established 
 by herself), for its use, but (3) died shortly aftenrardx, so that it n-as 
 impossible to cash it before her death. 
 
 2. Result — Held that (1) there was no donatio mortis raus'l, and (2) 
 amt belonged to her residuary pslty (Heiritt v. Kay, nuti'). 
 
 (34) (a) Estate and (b) miscellaneous papers, kc— course 
 
 suggested to keep the same in strict order. 
 
 1 — Books, &c., relating to deceased's (1) estate and (2) private affairs to 
 be preserved for future reference, if and when required. 
 
 2 — Custody thereof, after a final division. — (1) All a c books, (2) the 
 final distribution a/c, (3) receipts taken thei-etni, (4) Release (if 
 any), (5) Residuar-y, and (6) other a'cs, (7) vouchers, and (8) 
 other documents relating to the estate, should, as soon as prac- 
 ticable thereafter, be (a) collected, and (6) put away m a parcel, or 
 an estate-box, to be kept by the exors for their protection. 
 
 2a — Custody {reasons for the sd) thereof, after a final division. — ¥ov the 
 exors' protection, in case any question should thereafter be raised by 
 (1) the husbands of married daughters, and (2) other members of 
 the family (who are apt to get erroneous or exaggerated ideas 
 concerning the amt or value of tlie residue), as to the exurs' 
 management, realisation, and distribution thereof. 
 
 3 — Letter (a special) book for " the Estate Correspondence," dr. — Advan- 
 tage and utility thereof. 
 
 1. Letter (Estate) book. —In an estate of any magnitude or 
 importance, it is always advisable to have a special letter book 
 therefor, in order to keep the pressed <.opy correspoudeuc 
 relating thereto distinct from tlie miscellaneous ofHcc corre- 
 spondence. 
 
 2. Letter {special estate) book.— The advantage referred to in par. 3 (1) 
 is repeated by the adoption of such a plan, in the fact that, if (1) 
 the litigation therein mentioned ensues, and (2) it becomes
 
 214 (1) " EXOJa. DE SON TOKT," (2) FUNERAL PROCEDURE. 
 
 necessary to (a) give a notice to prodvce the " original letters 
 written to your opponent, or (fc) his solicitor, and " (c) to admit 
 pressed copies thereof, the letters are always in strict order. 
 
 (36) "Executor de son tort " (pne of Ms own wrong). 
 
 1 — Biacluircje (cases u-herein his) is available against a legal exor''s action. 
 
 His lawful acts are good, e.g., as where he (1) receives, and (2) 
 
 gives a discharge for, and, (8) before action, hands over the assets 
 
 to the latter {Hill v. Curtis, L. Rep. 1 Eq. 90). 
 2 — Liability (his) — a person viahes himself liable as an exor de son tort 
 
 by the following acts : — 
 
 1. Advertising for crs to send in their claims, &c., and 
 
 2. Advertising for drs. to j^ay debts due to tcstor's estate to A. and B. 
 (his exors in trust ; Long v. Symes, 3 Hag. 771). 
 
 3. "Intermeddling''' — when he, not appointed exor, intermeddles in 
 that character, so as to exceed mere acts or offices of (1) charity, or 
 (2) kindness. 
 
 (37) Funeral (deced's)— procedure (a) prior to and (b) 
 thereat. 
 
 1 — (1) Manner of cond jcting same, or (2) special directions contained in 
 the ivill as to (a) mode, e.g., by " Cremation," as to which vide par. 
 25, or (h) place of interment — exor must first ascertain if any have 
 been left. 
 
 2 — Directions to be given by exor in the absence of such special dirons : — 
 for such a funeral as would be (a) commensurate with, and (b) 
 suitable to, the deced's circumstances and estate, bearing in mind 
 the following facts : — 
 
 1. Expenditure (that a lavish) is a foolish disposal of the estate ; 
 
 2. Embarrassed (that if deced's affairs are at all), it may be (a) 
 challenged and (b) disallowed by the Creditors. 
 
 3 — Persons (the) u'ho shovld be invited to attend funeral — (vide Letters). 
 
 1. All who are interested (except nominally), in the disposition of the 
 estate, but the 
 
 2. Circumstances of each particiilar case regulate this point. 
 4 — Death (information of the) must be given within 5 days, and a 
 
 5 — Certified copy of Register thereof be obtained from Registrar (vide 
 
 "Registration Acts"). 
 6 — " Undertal-er " — arrangements to lie made with him for the funeial. 
 7 — Z7//fZe7-fo/rej' to I )e supplied with a list uf (1) the " mmVec?," and (2) 
 
 'heir full addresses, unless the invitatio7is are sent out by the exors 
 
 personally.
 
 (1) FUNERAL EXPENSES, (2) FURNITURE, AND (3) GOODWILL. 215 
 
 8 — Undertaker to issue "invitations'' (if so arrangcLl), to testor'b (1) 
 
 friends and (2) relatives to attend the funeral. 
 9 — Precaution (suggested) — an exor will act wisely, if be causes (1) the 
 
 funeral to take plaee, and (2) usual meal succeeding it to K' 
 
 finished before the wl is (a) opened, and (b) read to the bene- 
 
 ficiaries — Painful exhibitions may thus often be avoided at a time 
 
 when all should be tranquil. 
 10 — Officiating (the) Minister must (before funeral) be supplied with ed 
 
 Register. 
 
 N.B. — Exor' $ help, dr. — At this painful time there are many ways 
 
 in which exors can, and should, (1) give help to, and (2) 
 
 sympathise with testor's family, beyond the strict letter of their 
 
 legal duties. 
 
 (37a) Funeral expenses — " Precautions " observable in 
 connection therewith— 
 
 1 — Deduction thereof in Schedule to afff. — (a) obtain particulars of their 
 exact amt, and (b) insert them therein as follows: — (1) Under- 
 taker's charges, (2) interment fees, and (3) other incidental expenses. 
 
 2 — Expenditure allowed — exors are entitled to recoup themselves 
 " reasonable fnl exps," according to the deced's condition in life, out 
 of the assets, even although latter are insufficient to pay his Crs. 
 
 3 — " Extravagant "fnl exps will be disallowed by Crs : — vide par. 37, sub- 
 par. 2. 
 
 4 — Payable (by whom they are) — by the exors out of the assets. 
 
 4a — Priority (their) : — they are allowed prior to, and have precedence 
 over all other (even Crown) debts and charges, and must be paid 1st. 
 
 5 — Responsibility (exors) therefor is not personal, except as mentioned in 
 sub-par. 6. 
 
 6 — Responsibility (exors personal) therefor — - 
 
 1. Adoptio7i (by the) of the acts of others who give orders for the fnl. 
 
 2. Orders (by personally giving) for the funeral. 
 
 7 — Schedule (columnar) thereof for a Residuary a/c — requisites thereof— 
 ride "Schedules." 
 
 (38) Furniture (bequest of the use of )— to (a) A. for lift; and 
 (b) after his decease to B. 
 
 A.'s obligations, and B.'s rights agst A. therein— To secure latter, the 
 Ch. Dn. will compel A. to (1) furnish and (2) sign an " Inventory 
 and undertaking " to take proper care of such furniture. 
 
 (39) " Goodwill"— Summary of the (a) law ih,r,'<>n. and (h) 
 practice connected therewith.
 
 216 GOODWILL OF DECEASED's BUSINESS. 
 
 N.B. " Allan's Law B.elating to Goodwill;' pj). 63/75 and 96 103— 
 vide same for a fuller discussion of the reciprocal obligations, rights, 
 and remedies of (a) the legal personal repres of a deced partner 
 and (h) the survivors. 
 
 1 — Bequest (whe7i a) of goodwill may be valueless — when the ppty to 
 which it is attached is not also devised. 
 
 •2 — Bequest (2 cases wherein a) of goodwill may he valuable. 
 
 1. Devise also i>f the pi>ty to which it is attached. 
 
 2. Leaseholds held at a raclc rent — may be carried therewith in some 
 cases (Blahe v. Shaw, Johns, 732). 
 
 2a — Bequest of a share in the goodwill of a partnership business — 
 
 1. Business (a pp) cannot (unless the articles so provide), be specifi- 
 cally carried out, /or partners are not bound to accept any person as 
 a new pa liner. 
 
 2. Legatee's only remedy — is to sue the admor or exor, in a general 
 admon of assets, for the amt received for such goodwill {Robertson 
 V. Qidddington, 28 Beav, 529). 
 
 3 — («) Covenant {vendor's personal) or (h) undertal'ing given on the sale 
 of a personal business : — 
 
 1. Competition (against) — not to compete with the purchaser — 
 
 2. Introduction and recommendation of pchr to Vr's old (o) clients, (6) 
 customers, or (c) patients (as case may be), which latter duty an 
 admor or exor cannot be expected to perform ; if it is done by a 3rfZ 
 pAy {deced' s tvidoiv), she will not be accountable to the estate for any 
 sum received solely therefor. 
 
 4 — Nature {the) of goodwill — vide " Questions, &c.," sub-pars. 7 to 10 incl. 
 5 — Partnership {interest of deced's personal repres in a) goodtvill loith 
 articles, &c. 
 
 1. Construction of sd articles — sd interest depends largely thereon. 
 
 2. "Stock and effects" — generally, these words carry the goodwill, if 
 not expressly mentioned, but, &c. — vide next sub-par. 
 
 3. Valueless : — it must frequently be a question of fact whether the 
 business is not of such a personal nature that the sd interest is 
 almost valueless. 
 
 6 — Partnership {the clear rights of a deced's personal repres in a) goodivill, 
 without articles — 
 
 1. Sale {a separate) of the goodwill of the firm's business and 
 
 2. Receipt of share of proceeds, in proportion to deced's share therein. 
 &a — Partner's {surviving) rights on a partner's death ivithout articles. 
 
 1. Business (to carry on a similar) as before.
 
 GOODWILL OF DECEASEDS BUSINESS. JIT 
 
 2. Customers (the old) — to lake anj availaVtle aJvanta^;*' of tli.-ir 
 acquaintance with them. 
 
 3. Goodwill can be taken by them at a vahiation at date of pr's 
 death. 
 
 7 — '" Qitestiori" invariahhj arising in the windimj up of a dead (a) rum- 
 mer cial, or (h) professional : — Whether or not there is a saleable 
 asset in the nature of a goodwill ? 
 
 8 — " Qtiestion of fact^^ arises as to whether a Inisiness is not of su<h ;i 
 personal nature that the goodwill is valueless. 
 
 9 — Questions answerable to determine the saleableness of the goodwill — 
 
 1. Duties (as to the nature of the) of the personal repres in (a) carry- 
 ing on the business, and (b) otherwise assisting the pchr to retain 
 the old connection. 
 
 2. Rights (as to the nature of the) transferable to a purchaser. 
 
 'S. Surviving partners — if deced has been a partner, further legal com- 
 plexities arise, and it is frequently a matter of no little difficulty to 
 determine to what extent the survg j)rs have to account to the j'sul 
 repres for the goodwill. 
 10 — Questions to which (a) an admor or (6) exor must have special regard. 
 To define the nature of goodwill is by no means an easy task, but, 
 in order to determine whether, in any jjarticular case, it is saleable 
 or not, an admor or exor must have special regard to the following 
 points ; — 
 
 1. Agreement {a n) made by (a) an employe or (b) servant with the d>r,i1 
 not to compete ivith latter s business. 
 
 1. Assignable (such an agreement is). 
 
 2. Benefit thereof, notwithstanding death of owner of Inisiness, 
 passes on a sale of the goodwill. 
 
 i. Death of oivner of business — does not extinguish such agrt. 
 4. Duration {its), in absence of a contrary stipulation—\i lasts for 
 such employe's or servant's life. 
 
 2. Premises whereon the business has been carried on — 
 
 1. Local goodwill — i.e., whether or not there is a probal)ility that the 
 old customers will return to the old place. 
 
 2. Passes (local goodwill) with the premises to the (a) heir, {b) 
 mtgee, or (c) other person entitled to the possession thereof. 
 
 3. Examples— (1) Hotel, or (2) Public-house. 
 
 3. Trade (a) mark, or (b) name, &c., used by the firm .— 
 
 1. Constitute (they may) goodwill apart altogeth.r Irom the 
 premises.
 
 218 (1) GOODWILL OF DECEd's BUSINESS, (2) INDEMNITY, ETC. 
 
 2. E.g. — (1) Newspapers, and (2) periodicals. 
 
 3. Existence— thej not unfrequently (1) exist along with a good- 
 will attaching to the premises, and (2) together constitute the 
 whole of the saleable goodwill. 
 
 11 — Saleahleness of goodwill — -fo7' questions answerable to determine same — 
 Vide sub-par. 9. 
 
 12 — " Securing pro se partner sJtip ppti/ " {e.g., a lease, &c.) — whereby the 
 goodwill claimed be transferred. 
 
 Usual course if survivors thereby take advantage of their position. 
 The Ct will compel them to account to deced's psnl repres for the 
 value of the goodwill thus wrongfully obtained. 
 
 13 — " Special regard " (questions to which) must be paid by (1) an admor 
 or (2) exor. — vide sub-par. 10. 
 
 14 — "Stock and effects" generally carry goodwill, if not expressly 
 mentioned. 
 
 15 — Transferable {goodwill) without the personal services specified in sub- 
 par. 3 — the law will consider it as an asset in the hands of the 
 personal repre. 
 
 16 — Unsaleable — the goodwill of a business has, generally, no saleable 
 value, if one of the sd 3 matters specified in sub-par. 10 (a) is non- 
 existent, or {b) valueless therein. 
 
 17 — Unsaleable — 2 ways whereby it may be so rendered. 
 
 1. Personal (because the deced's (a) business or {b) practice was so) 
 in its nature, as to be unassignable, e.j/., ttere is seldom any saleable 
 goodwill in a : 
 
 1. Medical practice {May v. Thompson, 20 Ch. Dn. 705), unless it is a 
 dispensing pr, wherein some goodwill attaches to the premises, or in a — 
 
 2. Solicitor's practice: { (1) Arundell v. Bell, 62 L. J. Ch. 537; (2) 
 James v. James, 22 Q. B. D. 669). 
 
 2. Survivorship — by surviving partners becoming entitled to the 
 goodwill. 
 
 18 — Valuation (a) of goodwill should be made at the date of a partner's 
 
 death. 
 19 — Valuation {survivors iisually fake the goodwill over at a). 
 
 (40) Indemnity {under 22/3 V. c. 35, s. 27, ajid otherwise), for 
 
 (a) an exors or {b) trustee's acts, by his (1) liquidation of (before a final 
 
 distribution of the residuary estate), and (2) securing exoneration from 
 
 further liability in respect of the following claims, &c. 
 
 — Attorney ('payment pursuant to, and under a power of): — vide 
 
 " Administration," p. 5, par, 12.
 
 INDEMNITY (STATUTORY), FOR KXORS' ACTS, ETC. 211) 
 
 Ifl — Companies (claims of) whereof testor was a director. 
 
 2 — Construction (doubtful) of (a) a marriaye seithniienl »r (b) will: fur 
 procedure by (1) exox's or (2) trees to secure a complete indemnity 
 for their acts in relation thereto, vide par. 18, sub-pars. 1 to 6 iiu-1., 
 and par. 19 (1/2). 
 
 3 — Covenants (farming) : — liabilities thereon should also be liquidated. 
 It is sometimes difficult to ascertain their extent, but if a lease is 
 assigned to a pchr, exors (liable as such on covts in a lease of their 
 testor), are exonerated from further liability, if they have (1) sati.s- 
 fied all claims in respect thereof, due up to such assignment, and 
 (2) also set aside a sufficient fund to answer any future claim that 
 may be made in respect of any fixed sum covenanted by the lessee 
 to be laid out on the demised ppty. 
 E.g. 1. Suppose a lessee had covenanted to lay out JChJO in certain 
 repairs at the end of a fixed number of years, unexpired at the time 
 of his death. 
 
 2. His exors now (1) satisfy all claims due at date of assnt of sd lease 
 to a pchr, (2) set aside the dSlOO, and (3) distribute the residue. 
 
 3. Result as regards the following parties respectively : — 
 
 1. Beneficiaries (the) : — the lessor may follow the assets in their 
 hands. 
 
 2. Executors (the) : — they are freed from further liaViility. 
 
 3. Lessor (the) : — vide suh-par. 1. 
 
 4 — Covenants (tester's) in mortgages of his property : — If there is any 
 likelihood of a deficiency in the value of any mortgaged premises, a 
 sum should be kept in hand to meet it, until its value has been 
 testedby (l)asale, or (2) an attempted sale (vide pp. \9\ '2, par. 20 (2). 
 
 5 — Bebts (deced's) : — vide par. 52, sub-par. 15, as to the effect of a statu- 
 tory notice to crs, under 22 3 V. c. 35, passed to relieve exors from 
 dormant claims. 
 
 5a — Election (on an) by one devisee only. — vide par. 22, sub-par. t. 
 
 6— Guarantees (tester's) to (1) bankers, (2) tradesmen, or (3) others for 
 " relatives accoxints " :— steps should be taken to liquidate aii<l ter- 
 minate such guarantees. 
 
 &a— Investment (on the) of trust moneys by trustees -.—vide pars. U t<> 47 
 incl. 
 
 7— Leases ((I) farming and (2) other) .— vide sub-i)ar. 3. 
 
 S— Legacy (if there is more than one claimant to a specific) : — exor can ( 1 ) 
 pay amt into Ct, and (2) let them contest the question as to who is 
 legally entitled thereto.
 
 220 INDEMNITY (STATUTORY) FOR EXORs' ACTS, ETC. 
 
 9 — Legacy to (1) an absentee or (2) infant : — vide p. 103, ^xfr. 62a (1). 
 
 10 — Legacy (no) specifically bequeathed to be included in the acct of residtie 
 by reason of («) same being given to residuary legatee, or (&) of 
 legatee and residuary legatee being liable to same rate of duty with- 
 out giving notice thereof. 
 
 1. Memorandum (a) must be attached to the R a (1) describing the 
 legacy, and (2) stating its inclusion therein. 
 
 2. Memorandum (2 special objects of the sd). 
 
 1. Discharge of such legacy in the books of the Legacy and Succes- 
 
 sion Duty OflBce. 
 
 2. Exors {indemnity of) — to prevent them from being afterwards 
 called upon to accoimt for the duty thereon. 
 
 11 — Management {as to the) of the estate: — vide sub-par. 1. 
 
 11 rt — Notice (a statutory) to Crs : — vide ^^ Notice," par. 52, sub-pars. 7 
 and 15. 
 
 12 — ''Partnership (tinder the) Act," '90: — vide App. P., par. a., sub-par, 
 10 (6), and par. c, sub-par. 4 (4). 
 
 12a— Partnership (on the dissolution of a) between a firm of timber 
 merchants by the death of a pcuiner therein : — vide App. P, par. c, sub- 
 par. 4 (4). 
 
 12b — Power (payment pursuant to, and under a) of Atty : — vide"Admon," 
 p. 5, par. 12. 
 
 13 — Realisation (as to) of an estate: — vide sub-par. 1. 
 
 14 — Report (indemnity, &c., afforded by a solrs), &c. — vide App. F 1. 
 
 15 — Trust-money (by his investment of) in the purchase of " Consols " (the 
 Stock recognised by the Ch. Dn., &c.), unless otherwise directed by 
 the will, the exor is thereby exonerated from any loss in the fall of the 
 price thereof. 
 
 16 — Trust-money (by payment of) into Court under 10 11 V. c. 96: — 
 vide " Evidence, &c." p. 80, par. 6, sub-pars. 1 to 6 incl. 
 
 17 — Trusts (exors' procedure in case any difficult) arise : — vide " Executors," 
 p. 106, par 81, sub-pars. 1 and 2. 
 
 18 — Will (how an exor can protect himself where he finds the lan- 
 guage of the) under which he acts difficult of construction : — by 
 commencing an action to get it construed ])y the Cts (vide sub- 
 par. 17). 
 
 19 — Will (doubtful construction of a) : — for the 2 alternative courses in 
 such a case, vide p. 191, par. 19, sub-pars. 1 and 2. 
 (41) Insurance (parties to an) action to recover amount of a policy 
 
 on the life of, and assigned by testor to trustees.
 
 INSURANCE (1) ACTION, AND (2) A(;AINHr KIUK. 221 
 
 1 — Exors (trhen the) may sue — if written notice of sutli assignment lias 
 
 not been given to the Co. 
 la — Reason why the ale tnnst he hromjht i/i the exors' names: — Ijecause tin* 
 
 (1) policy, and (2) right of a c as annexed to it, is a chose in art inn, 
 
 which, at law, with certain exceptions, was unassignable. 
 2 — Trustees {when the a/c may he hronght in the names of the sd) — if 
 
 written notice of the assignment has been given to the Co. ((1) 
 
 80/1 V. c. 144, s. 3 ; (2) 36 7 V. c. 36, s. 25 (6)). 
 
 (42) Insurance of (1) mortgaged, or (2) unincumbered («) free- 
 holds or (h) leaseholds against fire — 
 1 — Excluded (3 cases) from the operation of (and specified in) 44 5 F 
 
 c. 41, ss. 19/23 (" Conv. and Law of Property Act, '81 "). 
 
 1. Declaration (when there is a) in mtge " that no insurance is 
 required." 
 
 2. Mortgagor (when an insce is kept up (a) by, or (h) on behalf of) 
 pursuant to mtge. 
 
 3. Stipulation {tvhen (a) there is no) thrin, and (h) an insce is ke]it up 
 (1) by, or (2) on behalf of mtffor to the amt in which the mtgee is 
 authorised to insure. 
 
 2 — Exors' discretionary potver — if not already insured, the exors, who, 
 although they (1) have a discretionai-y power, and (2) may not, by 
 the terms of the wl, be bound to insure, shoidd, as a matter nf 
 precaution and prudence, insure testor's ppty. 
 
 3 — Exors' exemption from liahility in case of fire — they would not be 
 personally liable, although the wl contains a power to insure. 
 
 4 — Instrons for an insce of deced's leaseholds, he having failed to insure 
 pursuant to his covt with his lessor (Lr). 
 
 1. In all modern leases, the lessee (Le) always covts with the Lr t<- 
 (1) insure the messes, &c., thoreafter to be erected upon the demised 
 land in 2/3rds at least of their full value, and, (2) when thereunto 
 required, to produce to Lr the premium-renewal rects therefor, 
 and (3) in case of damage by fire to lay out (with all convenient 
 speed) (a) the money receivable on a/c thereof, and (h) such other 
 of his own moneys as may be necessary in substantially re-building, 
 repairing, and reinstating all such bldgs as shall have been destroy i-d 
 or damaged. 
 
 2. Failure (in case of the deced lessee's) to insure, (1) ohtain and (2) 
 send instructions therefor, in the requisite amt, in the admor's name. 
 
 5— Mortgaged (a mtgee's statutory powers of insce of) premises under 
 ss. 19 and2S of 44 V. c. 41.
 
 222 INSURANCE (statutory fiee) powers, etc. 
 
 1. Amount — (1) to the extent specified in mtge-deed, or (2) 2/3rds 
 of amt that -would be required to restore it in case of total destruc- 
 tion, 
 
 2. Time when he may insure — at any time after date of deed. 
 6 — Mortgagee's (a) statutory insurance powers. 
 
 1. 1882 (before) — (1) if a nitge deed (a) contains a covt for insce of 
 hldgs, &c., and (h) the mtgor fails to perform it, on breach thereof, 
 23/4 Y. c. 145 (nnless thereby negatived), gives a mtgee, under a 
 deed made (1) since sd Act, and (2) before '82, power to (a) insure 
 premises from damage or loss by fire, and (6) add the premiums so 
 paid to the ppal, at the same rate of interest (ss. 11, 32). 
 
 2. 1882 (since) — in deeds executed after 31 12 81, nnless sd power is 
 negatived, mtgee may forthwith (1) insure, and (2) tact premiums 
 (44/5 V. c. 41, s. 19). 
 
 7 — Order for a fire-policy — particidars to be furnished to the Company's 
 local Agent to effect such policy. 
 
 1. Bate when the insurance must commence. 
 
 2. Insurer's {intended) (1) name, (2) residence, and (3) profession, &c. 
 
 3. If insurers ai'e (a) exors or (b) trustees under a will — state (1) the 
 name, (2) former address, and (3) occupation of the tester. 
 
 4. Property (on what) the insurance is to be effected. 
 
 5. Materials (with ivlud) the ppty is built — e.g., (1) brick-built and (2) 
 slated. 
 
 6. Situation of the property to be insured. 
 
 7. Occupier's name, and (8) the business carried on thereon. 
 
 8. Sum in which the property is to be insured, 
 
 9. Premium (the general rate of) — Is. 6d. per =£100. 
 
 7a — Order for a fire-policy — " Sum insured, in ec^ual proportions, on the 
 building of (No.) private dwghses, all adjoining, known as , 
 
 situate , brick-built and slated, occupied by A. B. and 
 
 others." 
 
 76 — Order for a fire-policy in the joint names of a (1) Reversioner, (2) 
 mtgor, and (3) mtgee. — Please insure, in the joint names of (a) 
 A. B. of, &c., Esqre, as Eeversioner, (2) C. D., of, &c., as mtgor, 
 and (3) E. F., of &c., as mtgee, the undermentioned ppty, viz, (No.) 
 Messuages, brick-built and slated, occupied by (tenants' names), situate, 
 &c. 
 
 8 — Transfer of existing policies (effected by deced) into the names of (a) an 
 admor, or (b) exor, pending a sale of the insured ppty : — Policies must 
 be sent to the Co., with a request to transfer (by endorsement
 
 (1) INTEREST, (2) INVESTMENT OF TRUST FUNDS, ETC. 223 
 
 thereon) deced's interest to such adiuor or cxor, as sucli l^ual 
 personal repre as afsd. 
 
 (43) Interest ( («) cases wherein, and circumstances under which) 
 is (1) addible or (2) payable. 
 
 1 — Didy (itit at 4 p. c. p. a. on neglect to punctually pay) on an interim 
 
 division, amongst beneficiaries, of (1) cash at bankers, or (2) otln-r 
 
 pslty (vide par. 33, sub-par. 3). 
 2 — Judgment (on a) nnder a " Chancery admon " : — vide par. 24, sub- 
 
 par. 10. 
 2a — Legacy (interest on a pecuniary), in the absence of any direction tn 
 
 allow it in the ivill: — vide " Legacies," App. L., par. 12, sub-pars. 1, 
 
 2, and 3, 
 3 — Neglect (on) to punctually pay duty on an interim division, d-c. — vide 
 
 sub-par. 1. 
 4 — Order-estahlished (on an) debt under a '* Chancery admon " : — vide j>ar. 
 
 24, sub-par. 10. 
 5 — Partner s (on a deced) share of partnership assets — vide p. 102, par oOa. 
 6 — ^^Partnership (under the) Act,^' 1890: — vide Appendix P., piar. a, 
 
 sub-pars. 7 (1) and 10 (1) ; par. c, sub-pars. 2 (1) and 3 (1 and 2), 
 
 6 and 7. 
 7 — Retainer (on an exor's imi:)roper and unjustifiable) of large un- 
 productive balances of his testor's money in his hands : — vide 
 
 par. 6Q (1). 
 8 — Ships (unsold), &c. — vide par. 20, sub-par. 19. 
 9 — Trade (exors employment of his testor's money in his own) : — vide 
 
 par. 66 (2). 
 10 — Trustee (as to the right to int of a cestui que trust agst a), who (1) 
 
 keeps the trust fvinds in his own hands, and (2) fails to invt-st 
 
 same — vide par. 44, sub-par. 4 (1/2). 
 
 (44) Investment of Trust Funds by Trustees :—//""■ ■>""■'/ 
 
 (a) duties, (b) liabilities, (c) rights, and (d) remediis in nlation thereto. 
 
 1 — Compulsory (when same is) — Where it happens, as is fretiuenlly thi- 
 case, that a trust is imposed on the exors to (1) pay the income to 
 some person, e.g., testor's widow, for life, and (2) to consequently 
 defer the distribution of the capital or corpus until her death (vide 
 par. dlb). 
 
 2— Duty (ea'ors')— In such a case they must, after payment of all (1) 
 debts, (2) duties, and (3) legacies, proceed to invest the net residue 
 of the estate in some interest bearing security (1) authorised by law. 
 or (2) the terms of the will (vide par. W>, y. 2K').
 
 224 INVESTMENT OF TRUST FUNDS BY TRUSTEES. 
 
 3 — Enquiries, cf-c, absohdehj necessary before investing on mortgage: — 
 
 1. All such as a prudent and reasonable man would make. 
 
 2. Report (a) must also be obtained from an independent and trust- 
 worthy surveyor. 
 
 4 — Failure (rights of a cestui que trust on) by atrustee {who keeps the trust 
 funds inhis own hands), to invest same. 
 
 1. Principal (when the trustee is only chargeable with) and (2) interest — 
 Where he is bound, under the terms of his trust, to invest trust 
 funds upon (1) Government, or (2) real security, but («) fails to do 
 so, and (b) simply keeps the amt in his own hands, it seems that 
 (although the authorities are conflicting), where he has the option of 
 investing in 2 or more securities, as in (1) funds, or (2) on real 
 security, he can only be charged as afsd, unless further profits have 
 been made by his improper employment of the amount (Robinson v. 
 Robinson, 21 L. J. Eq. Ill, 725 ; 7 H. L. Ca. 343). 
 
 2. (1) Principal (when the cestui que trust may, at his option, either 
 claim to have the) and (2) int at =£4 p.c, or (a) the Stock which might 
 have been purchased therewith when the investment ought to have 
 been made, and (b) the dividends — where the tnistee is bound (but 
 fails), to invest simply in Government securities. 
 
 5 — Fixed (reasons for keeping the capital stim) atone amt. — 
 
 1. Convenience (there is an obvious) therein, especially when (1) the 
 int thereof is given to A., and (2) the reversion to B. 
 
 2. Division (on the other hand, investments in (1) funds and (2) 
 stocks are handier for), by transfer, amongst numerous beneficiaries, 
 without the expense of (a) realization and (b) sale. 
 
 6 — Maximum amt investable on the following securities : — 
 
 1. Buildings (on) : — not more than one-half of the clear net value 
 should be lent. 
 
 2. Land (on) : — (1) not more than two-thirds of the actual present 
 value should be lent (2) for a short term, and (3) to a mtgor of 
 substantial means and position. 
 
 3. Mortgage (inquiries, &c., before investing on) : — vide sub-par. 3. 
 
 7 — Mortgage (precaution observable on a) investment — exors should be 
 careful to appt their own surveyor to value the ppty to be mtged 
 because they have been held responsible for acting on the mtgor" s sur- 
 veyors valuation. 
 
 8 — Payment (best modes of periodical) of income — Exors and trustees can, 
 sometimes, save themselves much trouble by arranging with the (1) 
 Companies and (2) persons with whom the trust ppty is invested, and 
 
 J
 
 INVESTMENT OF TRUST FUNDS BY TKU8TEKS. 226 
 
 (3) tenants of realty, that the sd payments shall hf made either 
 
 (a) direct to the life-tenant or person entitled to receive the same 
 beneficially, or (h) into the banking a/c of (1) the latter, or (2) 
 the exors or trustees. 
 
 9 — Restrictions (past) in relation thereto — Unless the (a) settlement or (6) 
 will under which they acted contained " special ]>owers," they have 
 hitherto been practically confined to the following iiivts, viz. : — (1) 
 Government sees., (2) Indian Government, and (3) Metropolitan 
 Stocks, and (4) mortgages on freehold land. 
 
 10 — Security {investment in an interest-bearing) — vids sub-par. 2. 
 
 11^ — Selection of investments — So far as practicable it is well to choose 
 invts of a nature not likely to vary in capital amt, e.g., (1) deben- 
 tures, (2) mortgages, and (3) municipal bonds. 
 
 12 — Retainer (rights of a cestui que trust on) or non-investment by a 
 trustee, loho heeps the trust funds in his own hands : — vide snh-par. 
 4 (1 and 2). 
 
 (45) Investment of capital or corpus until a life-tenant's death : — 
 vide '^Distribution (deferred), &c.," p. 210, par. Sib. 
 
 (45a) — Investment (cts to the) of proceeds of sale of "wasting 
 property," included in a general residuary bequest, to be enjoyed, by persons 
 in succession : — vide par. 20, sub-p)ar. 20. 
 
 (45b) Investment of trust moneys in land—" Precautions " to 
 be taken on behalf of trustees (as purchasers), in order to (a) free them 
 from any loss that might arise, and (b) yet act in the most beneficial 
 manner for the cestui que trust. 
 
 1 — Incumbrances {its freedom from all prior) — see to this. 
 2 — Purchase {trustees' power to) — see that it is strictly followed. 
 3 — Settlement {its) to uses directed by (1) settlt, or (2) will — see to this. 
 4 — Value {ample) of the estate purchased — see to this. 
 
 N.B. — Advise the trustees to invest on mortgage only. 
 
 (46) Investments on mortgage by (a) a life-tenant, or (b) 
 Trustees. 
 
 1 — Schedule {particulars required in a columnar) thereof, where the 
 ppty consists of several mortgaged lots — (1) Mortgagor's (a) name, 
 
 (b) address, and (c) description, (2) particulars of the lot, (3) 
 Tenure thereof, (4) Principal, (5) Interest (rate of), (6) Due dates 
 thereof, (7) Insurances, and (8) Due dates thereof, and (9) the 
 Insce Agents' names and addresses. 
 
 2 — " Specification " {reasons ivhy a register or) of any other authorised 
 investments is necessary — 
 
 Q
 
 226 INVESTMENTS (STATUTORY), ETC. 
 
 1. lyirections (that they are strictly in accordance with the) for invt 
 contained in the will — in order to give the residuary legatees an 
 opportunity (to avoid any complication hereafter concerning the 
 same) of seeing that this is so, and 
 
 2. (1) Boubtfid {that) or (2) imauthorised security hsisheen avoided by 
 the trustees in their invt of any part of the trust funds. 
 
 3. (1) Extent {their) and (2) nature — to give the residuary legatees 
 full information as to same. 
 
 (47) Investments (statutory) under the Rules of the Supreme 
 Ct,Aug,, 1888, Order 22, r. 17 {substituted for an anmdled Order 22, 
 r. 17, of B.S.C., '83), of cash {a) under the control of, or (6) subject to 
 the order of Ct, in the following securities : — 
 1— Annuities -.—{l) 2^ %; "(2) 2| %; (3) Reduced 3 % ; and (4) 
 
 Consolidated 3 °/o. 
 2 — Bills {Exchequer). 
 3 — (1) Bonds {registered) or (2) Stocks issued under the "Local Loans 
 
 Act, 1875," if irredeemable tvithin 15 yrs from date of invt. 
 4 — Mortgage of (1) copyholds and (2) freeholds respectively in England 
 
 and Wales. 
 5 — Securities -. — Indian guaranteed railway. 
 G^Stocks {Miscellaneous) — 
 
 1. Banlc Stock. 
 
 2. Colonial Government Stock, guaranteed by the Imperial Govt. 
 
 3. Consolidated 2| % {to &e called after 5th April, 1903, " 2| % 
 C. S." 
 
 4. India (1) 3 % and (2) 3^ %. 
 
 5. Inscribed (in) Stock of any British Colony {under an order of a judge 
 in person), provided it shall not, at the time of investment , be quoted in 
 the official list of the London Stock Exchange : 
 
 1. At a price below =£105 stg. for every =£100 of inscribed Stock, 
 bearing interest at 4 °/o p. a., or 
 
 2. If at a lower rate than 4 % P- a. below the price proportionate 
 to =£105 stg for .£100 of inscribed Stock at 4 % p. a. 
 
 6. Local Loans Act, 1875 — registered Stock issued thereunder — vide 
 sub-par. 3. 
 
 7. Local Loans Stock under the " National Debt and Local Loans Act, 
 1887." 
 
 8. Metropolitan (1) 3 % and (2) 3^ % Consolidated Stock. 
 
 9. Railway-Stocks {miscella7ieous). 
 
 1. Home — (1) Debenture, (2) Guaranteed, (3) Preference, or (4)
 
 LIABILITY (bKT-EXORS' PERSONAL) TO RESIDUARY LEOATEE8. 227 
 
 Eent-cliarge stocks of railways in (a) Great Britain or (h) 
 Ireland, having for 10 yrs next before the sd date paid a dividend 
 on ordinary shares or stock. 
 2. Indian guaranteed railway — on security thereof, 
 10. Registered (on) (1) bonds or (2) Stocks — vide sub-pars. 3 and 7. 
 
 (48) Liability (bankrupt-exors' personal) to residuary- 
 legatees : — vide "■ Addenda." 
 
 1 — A case of great importance and interest to those who are obliged 
 to undertake the somewhat thankless oflBce of exor was decided in 
 March, '90, before Justices Cave and Smith in the Bankruj)tcy 
 Divisional Court. 
 
 2 — Three appellants were entitled, under their late father's will, to 
 (1) legacies of ,£1000 each, and (2) ^£500, which latter were (a) 
 charged on certain ppty called the "Appleton Gate ppty," where 
 his business had been carried on, and (b) postponed to their 
 mother's life interest. 
 
 3 — The 2 bankrupts were (1) exors, and (2) i-esiduary legatees of the 
 estate of the testator, who died on the 3rd May, 1883. 
 
 4 — Question (a) arose as to the distribution of the said ppty under 
 the terms of the sd will, and it was most natural that the bene- 
 ficiaries should, before the year was up which the exors had, at law, 
 wherein to distribute the estate, ask their 2 bankrupt brothers (as 
 exors) to let them have their legacies as soon as possible. The 
 
 5 — Said 2 brothers were left to carry on the business, and they came to 
 the following arrangement with the bfs, the terms and effect of 
 which were the subject of discussion before the sd Ct, viz. : 
 In Sept., '83, all the parties (being in some manner connected with 
 each other by ties of relationship), held a meeting, whereat the bfs 
 (1) agi'eed to postpone their legacies to a mtge which the exors 
 wished to effect over the ppty, in order to raise capital to (a) carry 
 on the business, and (6) leave the ,£3000 due to them in the bank, 
 and (2) the exors agreed that, in conson thereof, they would take 
 upon themselves the burden of (a) repaying the legacies, and (6) 
 interest thereon until repayment, 
 
 6 — Appellants claimed to prove against the bankrupts' estates for the sd 
 legacies, and, in order to support their claim, were forced to show 
 some liability that the bkts were under to them in respect of it, as, 
 if such claim was founded solely upon the fact that legacies ha4 
 been left to them, their only course to adopt, under those circum- 
 stances, would seem to have been to have their father's estate 
 
 Q 2
 
 228 LOSSES FALLING UPON EXORS' PERSONALLY, ETC. 
 
 wound-up, and administered by the Ch Dn ; but that could not 
 give them any right, simply qua legatees, to tender proofs agst the 
 bkts' estates. In order, therefore, to give themselves a locus standi 
 to so prove, they sought to show that, by the sd arrangement, the 
 exors had rendered themselves personally liable to pay the sd 
 legacies. 
 
 7 — Arguments (3) /or exors: — (1) that there was no conson for sd 
 promise, estate being insolvent ; (2) that the money was left by 
 the bfs for better or worse in tester's estate, and (3) that, as they 
 took (a) the risk of any loss and (h) chance of any gain, they could 
 not hold the exors liable. 
 
 8 — Judgment for appellants, admitting sd proofs: — Whether the estate 
 was, or was not, insolvent, did not seem to affect the question, as 
 there was clearly ample conson to uphold the sd promise for 2 
 reasons : — 
 
 1. From the mere fact of the appellants postponing their claim, in 
 order that the bank might advance the money, to enable the bkts to 
 carry on their business, and 
 
 2. Latter, owing appellants at any rate at the end of the yr 3 separate 
 sums of d£1000, a good conson would exist by the bkts saying to 
 them, "If you will (a) not press us for that .£3000 at the end of 
 the yr, but (b) allow us to have it in our business to carry it on 
 with, we will personally undertake to pay you." As to the 
 
 3. Third argument, there was evidence that interest had been paid 
 by the exors on sd legacy to at least one applt, which points to the 
 existence of a debt owing by the " payer." 
 
 (49) Losses falling upon exors personally for the following 
 (a) acts or (b) omissions, &c. 
 
 1 — Business (testor^s) : — in relation thereto, vide " 3Iiscellaneous" 
 p. 189, par. 14, suh-pars. 1 to 10 incl. 
 
 2 — Collector {a reliable) of (1) hook-debts or (2) rents — his charges will be 
 disallowed, where a special allowance for trouble, &c., is given by 
 the will ; this may be held to include such remuneration, and must 
 he paid by the exors personally. 
 
 2a — Conversion (exor's) of an estate or " realization of assets " : — vide p. 
 192, suh-pars. 6 and 8. 
 
 3 — Costs in a submission of disputed matters to arbitration, against which 
 his personal liability has inadvertently not been guarded : — by being 
 vmguarded he (1) impliedly admits that he has in hand suflB.cient of 
 his tester's assets to meet the charges of and incidental to the award,
 
 MAERIED WOMEN : THEIE DISABILITIES, ETC, 220 
 
 and, (2) if he is thereby directed to, but (3) fails to pay them, an 
 
 attachment will lie to compel him, (4) " no assets" being afterwards 
 
 non-pleadable (Spivey v. Webster, 2 Dowl. 46). 
 4 — Debts (outstanding) owing to the estate : — if any loss be sustained 
 
 through the exors' negligence in (1) requiring, and, (2) if necessary, 
 
 insisting on prompt payment, either (a) in full, or. {b) by instal- 
 ments, as may be agreed upon, they ivill be liable therefor. 
 5 — Debts (testor's) : — for the 3 cases wherein an exor (1) is, or (2) 
 
 renders himself liable therefor, vide p. 205, par. 11 (1/3). 
 6 — (2) Judgment (if (1) the "representative capacity" is denied, and) is 
 
 given against him, he may, if there are no assets of his testor, render 
 
 himself personally liable for debt and costs. 
 7 — Non-realization (loss through) of the estate within the exors' year 
 
 (unless good cause therefor is shown) — vide par. 8, p. 192. 
 8 — "Overlooked" (often) debts: — tester's debts as (1) a co-director, (2) 
 
 guarantor for "relatives' accounts," or (3) mortgagor: — exors are 
 
 liable after the available assets are parted with. 
 9 — Unauthorized (losses arising from an exor's acts) by the tvill creating 
 
 the trust : — he is liable to make them good. 
 
 (50) Married women — their several (a) disabilities, (b) remedies, 
 and (c) rights. 
 (1) — (1) Administratrix (a married woman) or (2) executi-ix — (a) joint 
 
 and (b) separate powers of (1) herself and (2) husband over deced's 
 
 estate. 
 
 1. Action (an) by and against her. — By 45/6 V., c. 75, s. 18, a married 
 woman who is apptd (1) an Admix, (2) extrix, or (3) trustee, (a) 
 alone, or (&) jointly with any other person or persons, may (1) sue 
 or (2) be sued, and is fully empowered to act in that character without 
 her husband. 
 
 2. ''Contract" (what the term) in 45/6 V., c. 75, s. 24, includes:— 
 Acceptance of the office of (1) admix or (2) extrix. 
 
 3. " Devastavit " (a) committed by her, as s^ich, either (a) before, or (b) 
 after her marriage — sd Act is inapplicable thereto. 
 
 3a. Devastavit (husband is exempt from liability in respect of fiis 
 wife's)— unless he has (1) acted or (2) intermeddled in the 
 admon. 
 
 4. Transfer of any interest in Stock, &c. — vide sub-par. 1. 
 (2)—Chose-in-action (effect on a) of a married woman, who (a) dies, 
 
 leaving her husband surviving her, who (2) afterwards dies, leaving 
 it unreduced into possession.
 
 230 " NE EXEAT REGNO " (WEIT OF) AGST. AN ABSCONDING TRUSTEE. 
 
 1. Admon: — irrespective of the M. W. P. A., '82, since which it would 
 form part of her separate estate, it (1) htlongs, and (2) must he 
 tahen out to her estate. 
 
 2. Recovery thereof : — her repre (as her husband never intermeddled 
 with it during her life) is the proper party to sue therefor {Fleet v. 
 Perrins, L. Eep. 3 Q. B. 536 ; 4 id., 500). 
 
 (51) " Ne exeat regno " (writ of) against an " absconder." 
 
 1 — Cases ivherein it is granted : — those wherein the pit is apprehensive 
 that the deft ( (1) an exor or (2) trustee, who is an accounting 
 party) is about to leave the United Kingdom (or go abroad out of 
 the Ct's jurisdiction) to avoid pit's demands. 
 
 2 — Chancery {origin of the jurisdiction assumed by the) Division, &c., in 
 (a) interposing, and (b) granting the sd writ : — 
 
 1. Originally it was a " prerogative writ," applicable only to State- 
 purposes. 
 
 2. Latterly it has (a) become a part of the Ct's ordinary process {coni' 
 pelting deft to give seciirity) , and (b) may be considered as a species of 
 " equitable bail." 
 
 3 — Defendants therein: — vide sub-par 1. 
 
 3a — Evidence required before its grant: — vide p. 80, par. 5 (1/2). 
 
 4 — Grounds whereon the said writ is granted : — only when the pit has an 
 equitable money demand, (1) actually due, and (2) certain in nature, 
 except in the case of a claim for an amt due on (a) an admitted 
 balance of an acct, or (6) a lost bond. 
 
 5 — Procedure {detailed) to obtain the said icrit — 
 
 1. Afft {an) is required, verifying the material allegations in the case. 
 
 2. Application {an ex parte) to the Court. 
 
 3. Order {an) is (1) granted, (2) drawn up, (3) passed, and (4) 
 entered in the usual way. 
 
 4. Writ {claimed by writ of summons issued, as a rule, in 1st instance) 
 is then (1) prepared, and (2) sent to the under-sheriff of the county 
 into which it issues, (3) by whom it is executed {Sichel v. Raphael, 
 4L.114). 
 
 (52) Notice (Statutory) to Creditors, under the Act 22/3 F., 
 c. 35— 
 
 1 — Admon a'c — the Court's directions therein are not uniform, but 
 always include one "London Gazette " (L, G.) insertion, but 
 
 2 — Advertisements {what further) are directed depend, in each particular 
 case, on the following circumstances: — 
 1. Estate — the magnitude therof.
 
 NOTICE (statutory) TO CREDITORS : — PROCEDURE, ETC. 231 
 
 2. Locality — the places where the deceased (a) rarriod uu his business, 
 or (b) re-ided. 
 
 3. Position (tlie deceased's) in life. 
 
 3 — Charges (average newspaper) for each ordinary advt — (1) L. G. 35/ 
 (2) Times, and other London papers, £2, (3) i)rovincial papers, 
 10/ 
 
 4 — " Country " (usual advts in the case of) estates. 
 
 1. Large estates — once in the (1) London Gazette and (2) Times, 
 and (3) twice in 2 (a) local, and (h) other paper or papers (as may 
 be deemed necessary), at intervals ofaiveeh; sometimes there are Z 
 insertions in the " locals,^' <&c. 
 
 2. Small estates — 1 advt in the (1) London Gazette, and (2) a local 
 paj^er. 
 
 5 — Date for sending in claims — allow an interval of 6 weeks from date of 
 advt, so that, at least, a clear month from date of 1st insertion in 
 L. G. may elapse. 
 
 6 — Folloiving assets in the hands of (a) next-of-kin or (b) residuary 
 legatees — Unpaid (1) claimants and (2) crs may (if the claim or 
 debt be not statute -barred), notwithstanding their non-claim, or 
 omission to take proceedings (within the time limited by the sd 
 notice) for recovery thereof from an admor or exor (who has relieved 
 himself from responsibility), recover from (a) the next-of-kin or 
 (b) residuary legatees, and equity will compel them to refund (1) 
 Clegg v. Rowland, 15 L. 385 ; (2) Welthorp v. Hill, 1 C. C. 189). 
 
 6a — Further advts beyond London Gazette — for the 3 circumstances 
 whereon the same depend in each particular case, vide sub-par. 2. 
 
 7 — Indemnity (statutory) — sd notice simply indemnifies (a) admors and 
 ib) exors from all claims of which they were ignorant at the period 
 of distribution, if they give the like notice as would be directed by 
 the Ch. Div. in an admon a/c, but unpaid, &.Q. (vide sub-par. 6). 
 
 8 — Law (an abstract of the) thereon — the liability of an exor to his 
 tester's crs in respect of debts of which he (1) had no notice before 
 he had paid all debts of which he had notice, and (2) had distri- 
 buted the residue of the estate amongst the beneficiaries, is tioio 
 controlled by s. 29 of the sd Act, which enacts that " where (a) an 
 admor or (b) exor shall have given (1) such, or (2) the like notices 
 as, in the opinion of the Ct in which he is sought to be charged, 
 would have been given by the Ct in an admon suit for crs and 
 others to send in to him their claims against the deced's estate, he 
 may, at the expiration of the time named in (a) the sd, or (h) last
 
 232 NOTICE (statutory) to creditors ; PROCEDURE, ETC. 
 
 of the sd notices, he at liberty to distribute (1) the deced's assets, or 
 (2) any part thereof, amongst the parties entitled thereto (having 
 regard only to the elaims of which such adnior or exor then has 
 notice) and shall not be liable therefor to any person (either (a) 
 cr or (b) next-of-kin) of whose claim he shall not have had notice 
 at the time of such distribution. 
 
 9 — London (large estates in) — (a) 5 advts, and (2) the papers wherein 
 same must ordinarily be inserted — (1) once in " L. G." (2) twice in 
 " Times," and (3) another London " daily " at intervals of a week, 
 and in 
 
 10 — London (small estates in) — (1) once in the " London Gazette " and 
 " Times " respectively. 
 
 11 — " London Gazette " advt inserted through (a) an Agent, or (b) a 
 Solicitor — procedure incidental thereto — 
 
 1. Authentication required therefor — 
 
 1. Notice {exor s personal) — it may be signed by him, but his signature 
 mtist be verified by (1) afft, or (2) statutory declon. 
 
 2. Notice (Exors' Solr's signed) — his signature thereto Inust be 
 duly attested. 
 
 2. Copy (a) notice will be required for the Gazette printer. 
 
 3. Agent (1) attends to insert same therein; (2) pays fee thereon, 
 35s., and (3) bespeaks " G. " to keep with the estate papers, for 
 proof, if, and when reqviired ; payment therefor Is. — Agent's tisual 
 charge for sd attdce 2s. 6d. 
 
 12 — " Number of advertisements " required — the Act neither states (1) 
 in how many, nor (2) in what newspapers, nor (3) the number of 
 times such insertion is necessary. It simply indemnifies, &c., as 
 specified, in sub-pars. 7 and 15. 
 
 13 — Object of sd Act — to relieve (1) admors, and (2) exor.s from dor- 
 . mant claims. 
 
 14 — Papers selectable for advts — are discretionary, being unfixed by sd 
 
 Act. 
 • 15 — Protection (statutory) — (a) circumstances (with (b) an illustrative 
 case) under which the sd notice indemnifies exors from all claims 
 •whereof they were ignorant at the time of distribution. 
 
 1. An exor has the same protection under the sd Act as under a 
 " Chancery decret'," if he adopts the course suggested, by advertis- 
 ing for claims as aforesaid. 
 
 2. E.g. — ^If an admor or exor has (1) advertised for his deced's crs, 
 (2) paid all siuiple contract debts whereof he had notice, and (3)
 
 (1) PAPERS, (2) PARTNERSHIP, (3) PASSINO OVER, (4) PAYMENT. 233 
 
 distributed residue amongst beneficiaries, without any judgment 
 having been made for an admon of the estate, and (4) afterwards 
 a specialty cr, of whose debt Jie liad no knowledge or notice, issues 
 a writ for such adnion, in taking the a/c, 8uch admor or exor t« 
 entitled to take credit for jjayments made to both (a) simple ct ere, and 
 (b) bfs. 
 16 — "Sufficiently (when more care is necessary to advertise") — where 
 from the nature of the deced's (a) dealings or (6) estate, outstand- 
 ing claims or liabilities are likely to crop up, than where his lia- 
 bihties and ppty lie within a small compass. 
 
 (53) Notices (schedule of 16 miscellaneous cases toherein formal 
 writte7i) are generally reqtiired during (a) an admon or (h) exorshij) — vide 
 App. N. 
 
 (53a) Papers ((1) Estate and (2) miscellaneous), &c. -—as to 
 
 the course suggested to keep the same in strict order, vide par. 34 (1/3). 
 
 (54) Partnership : — for the miscellaneous matters relating to the 
 reciprocal (a) ohligations, (b) rights, and (c) remedies of a deced partner^s 
 (1) admor or (2) exors, and (3) the surviving partners : — vide App. P., 
 pars. b. and c. 
 
 (54a) " Partnership Act, 1890 " :—vide App. P., pars a. and b. 
 (54b) Partnership (dissolution of a) by a partner's death :— 
 
 for the '' detailed procedure'' thereon, vide App. P., par. c, sub-pars. 1 to 
 18 incl. 
 
 (55) "Passing over " or excluding an exor from the Executor- 
 ship: — the Court's statutory poivers tlierejor. 
 
 1 — Absentee exor (an),&c. — vide " yidministratiou," pp. 8/D, par. 27, sub- 
 par. 1. 
 2 — Idiotcy (an exor's) : — on the ground thereof. 
 3 — Imbecility (an exor's mental) : — on the ground thereof. 
 4 — Infant (where an) is apptd sole exor: — vide p. 9, par. 27 (7). 
 5 — Lunacy (an exors) : — on the ground thereof. 
 
 (56) Payment (the classified order, required by law, of) by the exor 
 of all the ascertained " estate liabilities," before legacies :— 
 
 N.B.-~(a) Duty (exors) in relation to sd payments : — he will most 
 equitably fulfil it by paying all debts of an equal degree, rateably, 
 where the assets are insufficient to pay in full. 
 
 (b) " Vouchers " :— all the exor's payments should be properly 
 "vouched," by stamped leceipts for sums amounting to i)2 or 
 upwards. 
 \— Crown (debts due to the) by (1) record or (2) specialty.
 
 234 (1) PREFERENCE, (2) PROFITS, AND (3) PURCHASE-MONET. 
 
 2 — Parish (money due to a) by a deced Overseer, 17 Geo. 2, c. 38, s. 3. 
 
 3 — Friendly (money held as an oflBcer to a) Society — (1) 33 Geo. 3, c. 54, 
 s. 10, and (2) 4/5 Wm. 4, c. 20, s. 14. 
 
 4 — Regimental debts — 58 Geo. 3, c. 73, ss. 1/2. 
 
 5 — Treas7irer (as) to Paving Commissioners, under the " Metropolitan 
 Act " of 57 Geo. 3, c. 29, s. 51. 
 
 6 — Record (debts of) — e.g., (1) decrees in Chancery, (2) judgments, and 
 (3) recognisances. 
 
 7 — Specialty debts — e.g., (1) bond, (2) covenant, (3) mortgage, and (4) 
 other instruments under seal. 
 
 S—Rent. 
 
 9 — Simple contract debts — e.g., (a) — (1) bills of exchange (" Accep- 
 tances"), (2) contracts not under seal for goods sold and delivered, 
 (3) promissory notes, and (4) verbal promises. 
 
 (b) Croivn-debts, e.g , (1) Queen's taxes, (2) hop and (3) malt 
 duties, and (4) other excise claims. 
 
 (c) Wages due to (1) domestic servants and (2) labourers, are 
 generally considered entitled to priority. 
 
 (57) "Preference" (an exor's rig-lit of) or payment of one 
 
 Creditor before any other Cis, even if his debt be statute-barred . 
 
 1 — Disallowed (ivhen) : — if he does so after judgment in an admon a/c, 
 
 any person mti^rested in the estate may (1) object to, and (2) 
 
 obtain an injunction against such payment. 
 2 — Exercisable (when) : — (1) at any time before the sd judgment, (2) if 
 
 no Receiver of the estate has been appointed. 
 3 — Judgment (effect of a) in an admon suit : — vide sub-par. 1. 
 4 — Receiver s (effect of a) appt : — sd preference is not exercisable. 
 
 (58) 1 — Profits made by an exor^s application of assets (a) in his 
 trade, or (b) to his own use: — he may be charged with int thereon at 
 5 p. c. p. a. 
 
 2 — Profits (as to) oid of assets employed in testor's trade : — the bene- 
 ficiaries under the will may elect (such election extending to the 
 ivhole period of trading), whether they will take (1) int at 4 p. c, or 
 (2) sd trade-profits. 
 (58a) Profits (partnership) : — vide App. P., par. a., sub-par. 10 
 
 (9), and jiar. />., siih-par. 1 (1 and 2). 
 
 (59) Purchase-money (reason why payment of) before pbte cannot 
 he compelled :— because, until evidence of title exists, an exor cannot give 
 a complet(> indemnity (Newton v. Metropolitan Rway, 1 Dr. & S. 583). 
 
 (60) Purchase (restrictions as to a) at a sale by (a) private treaty, 
 or (2) jjublir auction. 
 
 J
 
 purchaser's (a) solicitor's 8 "special precautions," etc. 235 
 
 1 — Forbidden purchasers — (1) an admor, (2) cxor, or (3) trustee who has 
 accepted the trust. 
 
 2 — Reason therefor — if persons having a confidential character (by l»eing 
 (a) concerned, or (b) employed in another's aifairs) were permitted 
 to avail themselves of any knowledge acquired in that capacity 
 respecting his ppty, they might be induced to (1) conceal their 
 knowledge, and (2) not to exercise it for the benefit of the persons 
 relying upon their integrity. 
 
 (61) Purchaser's (a) Solicitor's 8 " special precautions " on 
 completion of a purchase from a trustee, &c. — 
 
 1 — Application (2 leading cases as to the liability of a pchr from 
 a trustee to see to the) of the purchase money : — vide sab-par. 5. 
 
 1. Culpeper v. Aston (2 Ch. Ca. 221, temp. 28 Car. 2) seems (1) first 
 to have decided the point as to realty, but (2) did not apply to 
 leaseholds. 
 
 2. Elliott y. Merry man (decided in 1740; Barn. Ch. R. 78) is gene- 
 rally considered as the leading case thereon. 
 
 2 — Apportionment of rates, &c., as between (1) a vendor and (2) pwr- 
 chaser: — vide Appendix E. 2, par. F. (2), for detailed instructions 
 as to the items chargeable against a pchr. 
 
 3 — Assignment (on an exor's) of leaseholds before grant of pbte. 
 
 1. Probate of the rvill — see that this is ultimately obtained. 
 
 2. Probate {production of sd) — obtain a written undertaking from (a) 
 the exors, or (b) their solr, to (1) produce sd grt for your inspection, 
 and (2) furnish a free fair copy thereof within 7 days after grt. 
 
 4 — Assignment (on a fraudulent) of lands, bequeathed subject to legacies 
 payable to adults, a pchr from exors is liable to see to the appln of 
 the purchase-money. 
 
 5 — Assignment (on an) : — a cash a/c shoiving (1) reels and (2) payments 
 — vide App. R. 2, par. F. 2. 
 
 5a — Purchase-money (sd pchrs liability to see to the application of his) : 
 
 1. Receipt (the written) of (1) the trustees of a settlement, or (2) of 
 one trustee (if one is empowered to act), for any (a) money, (b) 
 securities, or (c) other pslty deliverable, payable, or transferable to 
 them or him, under any power or trust, is to be (1) a sufficient 
 discharge therefor, and (2) an effectual exoneration of the payer, 
 &c., from (a) being answerable for any loss or misappln, or (6) 
 seeing to the appln thereof (45/6 V., c. 38, s. 40). 
 
 2. Receipt (the. written) of any trustees or trustee for, &c. — {vide sub- 
 par. 1, and 44/5 V., c. 41, s^ 36).
 
 286 puechasee's (a) sclicitoe's 8 " special peecautions." 
 
 3. Trustees (rights of a purchaser from several) : — 
 
 (1) Bank (payment into a} to the joint a/c of all the trustees: — As a 
 general rule, he can insist on paying the purchase-money (1) 
 in the presence of all the trees, or (2) into a bank, &c., as 
 afsd (Be Flower and Metropolitan Board of Works, 27 Ch. Dn. 
 592). 
 
 (2) Conveyance (on production of the) duly executed : — he is not 
 bound to pay to their solicitor thereon, notwithstanding 44/5 V., 
 c. 41, s. 36 : (Re Bellamy and Metropolitan Board of Works, 24 
 Ch. Dn. 387.) 
 
 (3) Written (on the) authority of all the trustees : — he is not bound to 
 pay to one of them alone. 
 
 6 — Searches (the usual) for the following incumbrances are made (1) by, 
 or (2) on behalf of, the Pchr's Solr (by his London Agent), before 
 completion, if deemed absolutely necessary, as a precautionary 
 measure — 
 
 1. Annuities. 
 
 2. Arrangement (deeds of) affecting land (51/2 V., c. 51). 
 
 3. Bankruptcy and insolvency, occasionally. 
 
 4. Copyholds — the Court-rolls relating thereto should be inspected. 
 
 5. Crou-n-dehts — search therefor for 5 yrs back in the Central office 
 (CO.). 
 
 6. Extents since 1st Nov., 1865. 
 
 7. Judgments for 5 yrs back — search therefor in the C. 0. ((1) 1/2 V., c. 
 110 ; (2) 18 v., c. 15 ; (3) 22/3 V., c. 35, s. 22). 
 
 8. Judgments, &c., in the (1) Central and (2) Land-registry offices, to be 
 conducted by an official there, who will give a " Certificate of result 
 of search,'' vAich frees the Solr from responsibility (a) 45/6 V., c. 39, 
 s. 2, and (b) Eules of Dec, '82, and (c) 51/2 V., c. 51. 
 
 9. Land-charges (51/2 V., c. 51). 
 
 10. Lis j)e7idens. 
 
 11. Middlesex (as to) ppty : — search in local register ((1) 7 Anne, c. 
 20 ; and (2) 47/8 V., 54). 
 
 12. Orders — search in the Land Registry Office therefor. 
 
 13. Writs (registered) of exon for 3 calr mos back, in Crs name, up 
 to 29/7/64 ((1) 23/4 V., c. 38, ss. 1/2; (2) 27/8 V. c. 112; (3) 
 28/9 v., c. 104, s. 48). 
 
 14. Writs (registered) of exon for 3 calr mos back, in Drs name, after 
 29/7/64 {vide sd 3 Acts), where any judgment, &c., is found regtd 
 which was entered up after 23 7/70,
 
 "release" to EXORS. by residuary LEaATKBS. 237 
 
 15 Writs {veijistered) of exon — search in Land Registry Office therefor 
 (51/2 v., c* 51). 
 
 16. Yorkshire (as to) ppty — search in lucal registry ; vide sub-par. 11. 
 
 17. Yorkshire ppty (vide sub-par. 8) — the like provision is made by 
 47/8 v., c. 54, ss. 20 and 23, for official searches in the local 
 Registries of Yorkshire. 
 
 7 — Trustees (precaution on payment of purchase-money to) — vide sub- 
 par. 5a. 
 (62) " Release " (formal deed of) under seal, executable (to exors, 
 
 &c.), by Residuary legatees (who are sui juris), on a final division. 
 
 1 — Cases wherein (a) exors and (b) tr^istees of a xvl shoidd have such 
 deed : — it is customary and proper if the estate is complicated, and 
 of considerable value, for the sd legatees (except infants) to execute 
 such a release, releasing each exor, «fcc , from all actions, claims, and 
 demands whatsoever for, or in respect, or on acct of (1) such estate, 
 and (2) the rents, profits, and income thereof resply, or any part or 
 parts thereof resply, or (3) any act, deed, matter, or thing whatso- 
 ever done, or omitted to be done, by either of them in or about 
 the exon of (a) the sd wl, or (b) the trusts throf, or (c) in any- 
 wise relating to the premises. 
 
 2 — Drawn (a release should be), so as to show on its face the following 
 facts, viz. : — 
 
 1. Claims to be released must be explicitly stated. 
 
 2. Object (all circumstances connected with its) : — that the releasors are 
 fully aware thereof. 
 
 3. Recitals generally govern a release, so that where (a) its words are 
 general, but (b) the recitals refer only to a particular matter, it will 
 be construed to relate, in fact, to the latter only ( (1) Pritt v. Clay, 
 6 Beav. 503 ; (2) Bamsden v. Hylto7i, 2 Ves. Sen. 304). 
 
 4. Releasees (the intended) : — their position as to (1) breaches of trust 
 (2) liability, &c. 
 
 6. Releasors (the intended) : — their own (1) position and (2) rights. 
 
 3 — Form (special) thereof: — vide Appendix M. F. 
 
 4i — Infants cannot execute a Release. 
 
 5 — Refused (case ivherein it may be) : — if a trust is declared of a specific 
 fund in favour of a specified person, so that (1) there are, in fact, no 
 accts to be settled, and (2) the trustee merely hands it over in its 
 original state, in strict accordance therewith, he is not entitled to 
 reqidre a Release ( (1) Chadwick v. Heatley, 2 Coll. 137, and (2) King 
 V. Mullins, 1 Drew. 308).
 
 238 (1) REPRESENTATION (CHAIN Of) : (2) RESIDUE, ETC. 
 
 6 — (1) Release (tvhen both a) and (2) Covenant of indemnify are neceS' 
 sary : — " Strangers " ; — where there are other persons than the 
 releasors who (a) may have claims on, or (6) can be interested in 
 (1) the matters or (2) property to which such Release relates, they 
 generally execute the sd 2 deeds, but not otherwise. 
 
 7 — " Setting aside " a Release to exors, executed without independent 
 advice : — it is doubtful if legatees can, on a summons, set same aside 
 ((1) Re Chapman; Fardell v. C, 54 L. 13; (2) Re Ellis; Kelson v. 
 E., W. N. '88, p. 217 ; (3) Re Garnet; Gandy v. Macaulay, 50 L. 
 172 ; 31 Ch. Dn. 1). 
 
 8 — Settlement {specimen instrons for),by Counsel, of a draft Release: — vide 
 " Forms,'' pp. 116/18, par. 7, suh-pars. 1 to 10 incl. 
 
 (63) " Representation (the chain of) " may be carried on indefi- 
 nitely by the following connection: — 
 
 1 — Commencement thereof: — only where an exor's agent acts under a 
 power of attorney, thereby representing his testator. 
 
 2 — Foundatio7i of an exor's power : — upon his testator's (1) actual 
 appointment, and (2) special confidence. 
 
 3 — Original {representation of) testor's estate : — by exor of (1) a sole, 
 or (2) sole surviving exor, if his own testor has proved the will, is 
 allowed, for the reason stated in sub-par. 5. 
 
 3a — Surviving (when) exor alone can transmit sd chain : — vide sub-par. 6. 
 
 4 — Transmissible {the estate is only) tvhen there is one survivor. 
 
 5 — Transmission {the exor's) of the said power to another, in whom he 
 has equal confidence, is permitted. 
 
 6 — Transmission of sd chain by surviving exor alone is allotved, where 
 (1) there are two exors, A. and B., and (2) A. makes a will, naming 
 exors, and (3) dies, and (4) B. afterwards dies intestate ; A.'s exor 
 shall not be the 1st testor's exor, as the exorship is settled in the sur- 
 vivor ; Smith, 3 Curt. 31. 
 
 (64) " Residue " (« gift of the) of (a) pslty and {b) realty : — rule 
 where a legacy is folloived by sd gift. 
 
 1 — " Residue " {meaning of) : — that out of which something given before 
 
 has been taken. 
 2—E.g.—" I give (1) ^61000 to A., and (2) the residue of my pty to B. ; 
 
 (3) testor dies possessed of (a) pslty worth ,£2000 and (b) realty 
 
 worth ^6000, but owing ^£3000 to Crs. 
 S— Result .—A. will take the ^1000, which, by the terms of the will, 
 
 becomes charged upon all the sd ppty ; the result herein is to charge 
 
 it on the residue: {Gainsford v. Dunn, L. Rep. 17 Eq. 405). 
 
 I
 
 (1) RESIDUE, (2) RETAINEE, AND (3) RIGHTS OF EXORS. 230 
 
 (65) Residue (exo/s statutory riijht iimUr 1 Will. 4, i\ 4(), to the 
 undisposed of) of a testor' 8 pslty : — vide "Evidence,^' ^tp. 88 9, par. 3t>, 
 sub-pars. 1 to 4 ivrl. 
 
 (65a) Residue : — (1) specific bequest to A., in conson whereof (a) he 
 shall pay testor's debts (which far exceed its value), and (2) his appt an (a) 
 exor and (6) residuary legatee: — vide App. L., p. 161, par. 4a, sub- 
 pars. 1/3. 
 
 (66) "Retainer" (improper and unjustifiable), by an exor, of large 
 unproductive balances of his testor's money in his hands. 
 
 1 — Equitable remedy : — Exor will be chargeable with £4 p. (•. \>. a. iiit 
 
 thereon (Saltmarsh v. Barrett, 7 L. 87.) 
 2 — Trade (the emplo^jment of sd money in his) : — is a breach of trust ; 
 
 he will be charged with int at <£5 p. c. p. a. 
 
 (66a) " Retainer," out of legal assets (in preference to other Crs 
 of an equal degree), of a debt (although statute-barred) due to an 
 exor: — vide j^i- 207/8, sub-par. 7 (1 and 2). 
 
 (67) Rights (miscellaneous) of exors, &c— classified schedule 
 thereof. 
 
 1 — Acceptance {an exor's) of the office or executorship is purely dis- 
 
 cretionary : — vide pp. 209/10, par. 31a, sub-pars. 1 to 7 inch 
 2 — Agents (as to the various) employable by an exor: — vide pp. 178/82, 
 
 par. 56. 
 3 — Ante-pbte (as to the various) acts performable by an exor: — vide 
 
 pp. 182/3, par. 8, sub-pars. 1/10 incl. 
 4 — Disclaimer of (1) executorship and (2) trusts: — vide pp. 209/10, 
 
 par. 31«, sub-pars. 1 to 7 incl. 
 5 — Expenses {reasonable exorship), &c., retainable, &c. : — vide pp. 99/101, 
 
 pars. 47 and 47a. 
 6 — Felony {exor's) : — vide " Executors," p. 101, par. 50. 
 7 — Funeral {reaso7iable) expenses can be recouped out of the assets : — vide 
 
 p. 215, par. d7a, sub-par. 2. 
 8 — In forma pauperis : — when an exor, as such, is entitled to so sue, 
 1. (1) Beneficiary {the case of a person sustaining the mired character 
 of) and (2) exor is an exception to the general rule that "the 
 privilege of (a) suing or (fc) defending in forma pauperis is not 
 extended to a pit or deft suing or being sued in a representative 
 character as admor or exor," although, in order to (1) prevent any 
 undue practice in suing as af sd, and, under colour of that |)rivilege, 
 obtaining dives costs, a special order is necessary { (1) Emerson v. 
 Matthews, 3 W. R. 159, V. C. W. ; (2) as to afft in such a case, see
 
 240 (1) RIGHTS (exORS' MISCELLANEOUS) : (2) TIMES. 
 
 Martin v. Whitmore, W. N. 1869, 42; 17 W. R. 809, L. C. ; (3) 
 
 Parlcinson v. Chambers, 3 N. R. 34, V. C. W. ; (4) Rogers v. Cooper, 
 
 1 W. R. 474, V. C. K. ; (5) Thompson v. T., H. T. 1824, cit^d 1 
 
 Turner & Yen. 513). 
 la. Exception (one) to the sd rule has, however, been made by allowing 
 
 an exor to proceed in forma pauperis for the single purpose of 
 
 cleaving a contempt incurred in the cause {Oldfield v. Cobbett, 1 
 
 Coll. 169). 
 9 — Limitations (Statute of) : — is pleadable, since 1/1/90, by a trustee, 
 
 except as specified in par. 68, sub-par. 10a, p. 241. 
 10 — Liquidation of liahilities, &c., on (1) farming covenants, and (2) leases, 
 
 &c. : — vide pp. 218/20, par. 40, sub-p)ars. 1 to 19 incl. 
 11 — Mortgage (may) leaseholds, for payment of testor's debts, &c. — vide 
 
 p. 167, pars. 21/2. 
 12 — Powers of trustees: — vide App. C. T. 2 for abstracts of the 9 leading 
 
 cases relating thereto. 
 13 — " Probate before all others " : — the rule is that a duly appointed exor 
 
 is so entitled to pbte. 
 14— Receipts (a power to give) : — is always vested in an exor, being the 
 
 person to administer the deced's personalty. 
 15 — Release (a formal deed of) by Residuary legatees, &c. — vide pp. 237/8, 
 
 par. 62, sub-pars. 1 to 7 incl. 
 15a — Residue (undisposed of) of a testor's pslty : — circumstances under 
 
 which, by statute, exors take beneficially : — vide p. 239, par. 65. 
 16 — ** Retainer " out of legal assets (in preference to other Crs of an 
 
 equal degree), of a debt (altho' statute- barred) due to an exor — 
 
 vide pp. 207/8, sub-par. 7 (1 and 2). 
 17 — Sale (a) of pslty, for payment of testor's debts, is legal. 
 18 — Transmission of exorship on the death of (1) a co-exor, (2) last 
 
 surviving, or (3) sole exor : — vide (1) p. 92, sub-par. 27a (1/3), OMd 
 
 (2) p. 238, par. 63, sub-pars. 1 ^o 6 incl. 
 19— Year (exor's) : — a yr from testor's death is allowed by law for 
 
 (1) realization, and (2) distribution of latter's estate amongst 
 
 the parties entitled thereto: — vide (1) pp. 42/3, par. 10, sub- 
 pars. 3/5. 
 
 (68) "Times " (statutory, and other limitations of ) for performance, 
 4&C., of the following acts, &c., viz: — 
 1 — "Administration" (Letters of), &c. — for the periods within which 
 
 same are grantable : — vide p. 13, par. 58, sub-pars. 1/3. 
 2 — " Admors year" from intestate's death, wherein to (1) realize, and (2)
 
 (1) TIMES: — (2) WOMEN (mARKIKD). 241 
 
 distribute latter's pslty auioiif^'st his next-of-kin: — vide (a) j>. 12, 
 
 par. 46, and (b) pp. 42/3. par. 10, sub-pars. 35. 
 3 — Distribution, of an estate: — 1 year from deceased's death. 
 4 — " Exors year " ; — vide " Riijhts, <{-c.," pur. (y?, sub-par. 19. 
 5 — Interest (arrears of) on a legacy : — only 6 yrs are recoverable (3/4 
 
 Wm. 4, c. 27, s. 42). 
 6 — Legacy {recovery of a) : — effect of the Stat, of Limitations thereon since 
 
 1/1/75 :—vide pp. 166/7, par. 18a. 
 7— Legacy (a) seciired by an express trust, <i-c. — vide p. \Q9, par. 29*1. 
 8 — Legatees (residuary) are bound to wait a year, if exors desire it. 
 9 — Letters (obtaining) of Admon, &c. — vide sub-par. 1. 
 10 — Limitations (Statute of) : — is pleadable by a trustee, after 1st 
 
 January, 1890, except as specified in sub-par. 10a. 
 10a — Limitations (Statute of) cannot be pleaded by a trustee in the 
 
 following cases: — 
 
 1. Breach (in case of a fraudulent) of trust. 
 
 2. Fratid : — in case of a claim therefor. 
 
 3. Trust (in case of) ppty still held by him (51/2 V. c. 59, s. 8). 
 
 11 — Probate (obtaining a grant of) of a will, &c. : — A statutory a/c is 
 
 delivered within 6 mos after the deced's death. 
 12 — (1) Realization, and (2) distribution of an estate: — vide sub-par. 3. 
 13 — Revenue (passing of Inland) (1) accounts, and (2) payment of the 
 
 assessed duties thereunder : — vide " Somerset House Guide " therefor. 
 14 — Sale of an estate : — exors have, for a year at least, a discretionary 
 
 power as to same (vide p. 240, par. 19, (^c.) 
 15 — Somerset (stattdory requirements at) House : — vide sub-par. 13. 
 16 — Trust (a legacy secured by an express), &c. — vide p. 169, par. 29a. 
 17 — Trustee (3 cases wherein St. of Limitations cannot be pleaded by a) : 
 
 — vide sub-par. 10a. 
 18 — Year ( (1) admor's and (2) exor's) for distribution, dw — vide sub- 
 
 jyars. 2 and 4. 
 
 (69) Women (Married) •• — vide pp. 229/30 for their several (a) 
 
 disabilities, (b) remedies, and (c) rights.
 
 APPENDIX M F. 
 
 Miscellaneous Foiins, applicable to (1) Administrations and (2) 
 
 Executorsiiips. 
 
 Schedule {alphabetically classified) thereof : — 
 1 — Agreement by an admor for the sale of aii intestate's (1) fixtures, (2) 
 
 goodwill, and (3) stock-in-trade, &c. 
 2 — Agreement (by his admor) for (1) tJie sale of a deced intestate 
 
 chemist and druggist's business, and (2) Assignment of the lease of 
 
 the premises whereat the same is carried on. Another form. 
 3 — Assignment (an) of an intestates leaseholds by his admor to a pchr 
 
 thereof (1) by private treaty or (2) at a sale by p^ihlic auction : — vide 
 
 "Form" No. 4 herein, altering same according to the circumstances. 
 4 — Assignment (an) of two lots of a testor's leaseholds liy his exors to a 
 
 pchr thereof at a sale by public auction. 
 5 — Release (deed of), executable (to exors, &c.), by residuary legatees 
 
 (who are sui juris), on a final division: — vide "Addenda.'^ 
 6 — Retainer ( (1) an admor's or (2) exor's) to his solicitor to (a) obtain 
 
 a grant of (1) letters of admon or (2) pbte : — vide "Addenda.'' 
 6rt — Retainer ( (1) an admor's or (2) exor's) to his so]r to (a) sue or (b) 
 
 defend proceedings, &c. : — vide " Addenda." 
 
 I 
 
 1 — Agrt by an admor for sale of an intestate chemist and drt(ggisfs (1) 
 fixtures, (2) goodwill, and (3) stocTc-in-trade, &c. — 
 
 Articles of agrt made and entered into this day of 
 
 189—, 5e^tt-eere A. B. (hrinafr called "the Vendor" (Fr), of, &c., 
 admor of the personal este and effects of CD., late of, &c., chemist and 
 dgt, deced, of the one pt, and E. F. (trading under the style or firm 
 of {name) as wholesale and retail dgts, at {town) and elsewhere, 
 hereinafter called " the jjchr" {Pr), of the other pt. Whereby it 
 is hby agreed betn the \)S hereto as follows, viz. : — 
 1. Agrt for sale, &c. The vr shall sell to, and the pr shall purchase, 
 at a sum to be determined by valuon, and upon the terms and 
 Condons hrinafr mentd, the follg : — 
 
 1. The fixtiires in and about the premises known as whereat 
 
 the deced's business is now carried on by the vr as such admor as
 
 MISCELLANEOUS *' FORMS." 2V-i 
 
 afsd (a scliLMliik- wlirof is (1) heivimto aiun.'xeJ, and (2) 
 aiithenticated ]>\ the sii,Miaturc'8 of the sd ])s htToto rosplv). 
 
 2. The (joodwill of the said business, and tin ■ 
 
 3. Stock-in-trade thrin (a schedule, Ac. {ridi- Kidj-intr. I), xnre and 
 except and e.vclndiu(j therefrom such articles or stock as have been 
 sold by or on behalf of the vr in the usual course of laisiness 
 since the intestate's death. 
 
 2. Valuation (completion of). — That (1) such valuon shall Iif com- 
 pleted (date), and (2) the amt throf jm] by the pr to the vr on 
 or before (date). 
 
 3. Purchase (completion of) : — That the pchse shall be completed on 
 (date) at the office of (name and address) the vr's solr, from which 
 date the pr shall have posson of the sd prenies, subject to the 
 follg Condons, viz. :— 
 
 1. The fixtures, stock-in-trade, and effects enumerated in the sd 
 schedule shall be valued accdg to the value throf on the (date 
 whron valuers hegin to value) by (1) Messrs , &c., transfer agents 
 and valuers (who are apptd for such ppse by the vr), or (a) one 
 of them, or (h) their duly authorised nominee or representative, 
 and (2) Mr. a traveller in the employment of Messrs., 
 &c , wholesale chemists and dgts (who is so apptd by the pchrj. 
 
 2. If any of the sd valuers shall (1) die before the vln is comijleted, 
 or (2) refuse to act thrin, another vlr shall be apptd in his ]>lace 
 by the pty by whom the deced or refusing vlr was apptd. 
 
 4. Rates, &c. — That all claims for rates, taxes, or other outgoings pay al »le 
 by the vr in respect of the sd premises shall be satisfied by him 
 up to and including delivery of posson as afsd. 
 
 5. Assignment to pchr. — That upon payment on the (date) next of the 
 amt of the sd valuon the vr shall execute to (but (a) at the expse 
 of, and (h) preparal>le by) the pr (if reqd), an assnt of the sd 
 fixtures and stock-in-trade, etc. 
 
 6. Profits pending completion. — That in the meantime and imtil com- 
 pletion of the sd pchse the b\isiness shall be carried on by the vr 
 as at present for his own benefit. 
 
 In ^vitness yfhxoi (1) the vr hath to one i)t hrof, and (2) the pr 
 hath to another pt hrof set their respive hands tlie day and yr 
 afsd. 
 2 — Aqrt for (1) the sale (by his admor) of a deced intestate chemist and 
 druggisi's business, and (2) Assnt of the lease of the premises whereat 
 the same is carried on. 
 
 R 2
 
 244 MISCELLANEOUS " FORMS." 
 
 An agrt made this (date) Between A. B. (hrinafr called " the 
 vendor " (vr), of, &c., of the one pt, and C. D. (hrinafr called 
 '' the purchaser " (pr), of, &c., of the other pt, Whereby it is agreed 
 between the ps hereto as follows, viz. : — 
 
 1. Agrt for (1) sale and (2) purchase. — The vr, in couson of the sum 
 of =£ , to be pd to him by the pr as hrinafr mentd, agrees 
 to sell to the pr (who agrees to purchase of the vr) on (date) next 
 All that the (1) goodwill of the business of a chemist and dgt (a) 
 formerly carried on by E. F. (deced), and (b) now temporarily 
 carried on (under management) by the vendor as admor of the 
 personal este and effects of the sd deced at (place), (2) togr with 
 all his stock-in-trade then being in, and (3) business fittings, fixtures, 
 (except landlord's), implements, prescription books used therein, 
 and utensils then being in and upon the sd premises. 
 
 2. Assnt (Vendor's) of lease, &c. — That on payment of the sd sum of 
 d£ the vr shall execute an assnt (with all usual covts) unto 
 ( (a) preparable by and (b) at the expense of) the pr, of the lease 
 held by him of the dwghse, shop, and premises, with the appiu'tfe, 
 situate and being (situation) afsd (to which assnt the vr will, if 
 necessary, obtain the superior landlord's consent) for (1) the residue 
 of the term foi which the vr (as such admor as afsd) now holds the 
 same, (2) subject to (a) the yrly rent of £ , and (b) the 
 covts and condons in such lease contd, and on the lessee's part to be 
 performed. 
 
 8. Vr not to (1) impair or (2) lessen stock, &c. — That between and from 
 the signing of this agrt until the sd (date) the vr will not (1) impair 
 or (2) lessen the sd stock-in-trade, &c., hereby agreed to be sold, 
 except in the fair and ordinary course of consumption and user throf 
 in carrying on the sd business. 
 
 4. Possession (pr to have unincumbered), on payment of balce, &c. — That 
 upon payment of the sd sum of £, payable as hrinafr mentd 
 the vr will (1) deUver up jjosson of the (a) stock-in-trade, &c., and 
 (b) premises hby agreed to be sold and assigned resply \into the 
 pr/ree and clear of all charges for gas, rates, rent, taxes, and other 
 outgoings then due and payable for or in respect of the sd 
 premises, and (2) allow a proportionate part thereof from the last 
 quarter day to the sd (date). 
 
 5. Restraint agst vr carrying on same business. — That thereafter the vr 
 will not again, directly or indirectly, (1) by himself or (2) in 
 jiartnership witli any other ]>erson or persons, or (3) as his, or their
 
 MISCELLANEOUS " KOKM8." '246 
 
 agent or assistant, or (4) otherwise, carry on, be concerned, cn^Mpt'd, 
 or interested in the business of a cht and dgt witliin the distance 
 of (No.) statute miles from the sd ])remi8es, loithoxd the jir'» n'rifien 
 consent Yst obtained. 
 ♦i. Damages for breach of article 5. — That on breach of condition No. 5, 
 the vr will, on demand, j)ay to the pr the sum of .£ , as iind for 
 ascertained and liquidated damages, and that a covt to that fffect 
 shall be inserted in the sd assnt. 
 
 7. Information (as to vr's written communication to pr of alt) respectiiuj 
 " recipes,^' &c. — That the vr shall communicate in writing to the 
 pr the true and proper method of (1) compounding, and (2) making 
 ready for sale all (a) proprietary or (b) other articles prepared 
 from private recipes (1) formerly belonging to and used by the sd 
 deced, and (2) since his death used by or on behalf of the vr in 
 conducting the sd business, and that the pr shall have full authority 
 and licence to (a) compound and (b) sell the same. 
 
 8. Payment (as to) of purchase-mo7iey. — That the pr will pay the sd 
 purchase-money as follows, viz. : — 
 
 1. A deposit of <£10 p. c. thereon in part payment throf into the 
 hands of Messrs. (transfer agents), upon the signing thereof, and 
 the 
 
 2. Balance to the vr on (date), upon having (a) a proper assnt of 
 the sd lease, and (b) delivery of posson of the sd ppty hby agreed 
 to be sold. 
 
 9. Ass7it (pr's exon of sd). — That the pr shall on the sd (date) (1) 
 execute the sd assnt (which shall contain a covt for (a) payment 
 of the rent reserved by, and (b) performance of the covts contd in 
 the sd lease, and (c) indemnification of the vr therefrom), and (2) 
 take posson of the sd stock, &c. 
 
 10. Lease (sd) to be indisputable, &c. — That (1) the sd lease shall be 
 deemed and taken to be well granted, and no objection shall he 
 made to the lessor's title, nor (2) shall any evidence thereof, or of 
 any earlier, or other title, be required, and (3) the production of 
 the rect for rent (due the (date) last) payable under such lease 
 shall be deemed and taken as conclusive evidence of the jifce of 
 the covts thrin contd up to the completion of the sd purchase. 
 
 11. Non-completion ( (1) pr's obligations, and (2) v/s rights on), d'C. — 
 That if the sd pchse be not completed on the sd (date) the i»r shall 
 pay to the vr int on the unpaid balce of the sd pchse-inoney at the 
 rate of £ p. c. p. a. from that day until the day of actual com-
 
 24fcJ MISCELLANEOUS "FORMS.'' 
 
 pletiou, without jjrejudice, however, to the i-ight of the vr hby 
 given to declare the sd deposit of £ to be forfeited to him. 
 12. Avoidance of ayrt on default iti completion. — That this agrt shall be 
 void and of none effect in case of default by the pr in not complet- 
 ing the sd pchse on the sd (date). In witness, &c. 
 4 — Assignment (an) of 2 lots of a testor's leaseholds hy his exors to « j)?/r- 
 chaser thereof at a sale hy public auction — 
 
 1. Parties: — This Indre, made the day of 189 Between 
 A. B., of, &c. and C. D., of, &c. (Exors) (hereinafter called " the 
 Vendors" (Yrs) ), of the one pt, and E. F., of, &c. (hrinafr called 
 "the Purchaser" (Pr)), of the other pt. 
 
 2. Lease (recital of) : — Whras by an Indre of Lease dated the (date), 
 and made betn (parties thereto) All that plot of land (copy parcels 
 therefrom verbatim) and which sd plot was more particularly 
 delineated and described in the plan thereof drawn in the margin 
 of the 1st skin of the Indre now in recital, and was part and parcel 
 of the lands and heredits called the (name) mentd and comprised 
 in the 1st Schedule to an Act of Prlt made and passed in the 3rd 
 and 4th yrs of the reign of Her present Majesty for enabling the 
 Trustees of the late Duke of B. to make (1) cyces in fee, or (2) 
 demises for long terms of years, and (3) for other purposes in the 
 sd Act mentd, (excejjt as in the sd Lease was excepted) was 
 demised unto the sd (lessee) his exs, ads, and assns from the date 
 thereof for the term of yrs, subject to (a) the payment of 
 the yrly rent of £, and (b) the covts and condons in the sd 
 Indre coutd. 
 
 3. Erection of property on sd land : — And whras the sd (lessee) after- 
 wards erected on the sd plot of land or on some part thereof a 
 messe or dwghse, stable, brew-house, and other improvements. 
 
 4. Assignment (lessee^s) of sd ppty to testor. — And ichras, by (1) divers 
 mesne assnts in the law, and (2) \iltiniately by an Indre dated, &c., 
 and made betn the said (lessee) of the one pt and (testor) of the 
 other i>t. For the consons thrin expressed. All that plot of land 
 comprised in and expressed to be demised by the hrinbfe rectd 
 Lease. And also all that (describe fully the ppty erected thron) and 
 other erections and improvements erected and made on the sd plot of 
 land and 'then in the occiJonof the sd togr with the appurts 
 (except as in the sd Lease was excepted) tvere assigned unto the sd 
 (testor) his exs, ads, and assns for all the residue then unexpired 
 of the sd term of yrs, subject nevless to the (1) payment
 
 MISCELLANEOUS ** FORMS." 247 
 
 of the sd yrly iviit of JC and (2) the covts and cundons reserved 
 and contd in and by the hrinbfe rectd Lease. 
 
 5. Will (recital of testor's) : — And whras the sd (testor) by his will 
 dated, &c. after (1) apptg the vrs exors tliereof and (2) giving a 
 legacy to his nephew as thrin meutd, (3) gave all the residue of his 
 real and psnl este whatsoever and wheresoever unto and to the use 
 of the vrs, thr hrs, exs, ads, and assus, accdg to the nature throf 
 resply, Ujmh trud that the vrs or the survor of them, or the hrs, 
 exs, or ads, of such survor, should (1) as soon as conveniently might 
 be after his decease, and in such manner and upon such terms as 
 they or he should think tit, sell, collect, or otherwise convert into 
 money, all such pts of the sd ppty, as should not consist of ready 
 money, and might (2) buy in or (3) rescind any contract for sale, 
 and (4) re-sell without being answerable for loss, and (5) for the 
 pui'poses afsd execute and do all such assces and things as they 
 or he shd think fit, and (6) after (a) making the several pay- 
 ments thby directed to be made and (6) investing the residue in the 
 manner thrin mentd shd hold the sd premes In trust as thrin 
 plrly mentd. 
 
 6. (1) Death (recital of tester's) and (2) phte of his ivill : — And ivhras 
 the sd (testor) died on the (date) without having altered or 
 revoked his sd rectd will, and the same was duly proved by both the 
 sd exors in the Dt. Ry. at of H.M's High Ct of Justice 
 (Pbte, &c., Dn) on (date). 
 
 7. Sale (recital of exor's) by j^uhlic auction: — And whras the vrs in 
 psce of the pr of sale given to them by the sd rectd wl caused the 
 sd plot of Id, messes, and hdits comprised in the 2 several hrinbfe 
 rectd Indres to be put ujj for sale (ivith other hdts) by public auction 
 on the (date), accdg to certain (1) j)articulars and (2) condons 
 of sale then and there produced at the " (name) Hotel " at afore- 
 said, whereat the pr attended and became the i)r of the hdits 
 described as lots 1 and 2 in the sd plrs, at the aggregate price 
 of ^ 
 
 8. Testatum, &c. : — Now this Indre witneth, that in conson of the sum 
 of M pd to the vrs by the pr on the exon hrof the rect of 
 which the vrs do hby acknge the vrs as (1) psnl rei)res and (2) 
 trustees of the testor do hby assign unto the pr All that the sd plot 
 of Id comprised in and expressed to be demised by the hrinbfe rectd 
 lease, A7id also all that , now used as a pubhc-house an<l 
 called or known by the name of (name), with the hereditaments and
 
 248 MISCELLANEOUS " FORMS." 
 
 premes thereunto belonging and now in the occupn of , 
 
 as yrly tenant. And also all those (messes to he particularised) 
 adjg the last descd premes, bg Nos. (Nos.), in afsd, and 
 
 now in the occpn of (tenants^ names) as yrly tenants. 
 
 9. Habendum: — To hold the same unto the pr, his exs, ads, and 
 assns, for all the residue now unexpired of the term of yrs 
 created as afsd, subject nevless to (1) the payment of the sd yrly 
 rent of <£ , and (2) the covts and condons reserved and contd 
 in the sd lease. 
 
 10. PcJir's covt to (1) pay sd rent and (2) indemnify the vrs therefrom : — 
 And the pr hby covts with the vrs that the pr, his exs, ads, or assns, 
 wiU at all times hereafter keep indemnified (1) the vrs, and (2) each 
 of them, and (3) the este and effects of the sd testor from the 
 (a) payment of the sd rent and (h) observance of the sd covts and 
 condons and (c) all claims and demands on acct therof. In 
 witness, &c.
 
 APPENDIX N. 
 
 Notices (schedule of 16 miscellaneous cases wherein formal 
 written) are generally required duriny («) ati lulministration or 
 
 (b) executorship. 
 
 1 — Administration (2 cases whei'ein notice of an appln for Letters of) 
 to the personal estate and effects (1) with, or (2) without a wl 
 annexed must be given to the Queen's Proctor, viz. : — 
 
 1. Bastard (a) dying (1) a bachelor, or (2) spinster, or (3) widow, 
 or (4) widower, and, in the latter 2 cases, without issue. 
 
 2. Belationless : — a person dying without any known relation. 
 
 ^.J5. (a) Object of the sd notice : — in order to determine whether he 
 (Q. P.) will intervene on behalf of the Crown. 
 
 (b) Issuable {when a grt is) : — not until his determination (P. R. 
 r. 75, N. C). 
 2 — Assignment (on an) of a share in a testator's residuary personalty : — 
 
 vide " Forms;' p. 121, par. 12 (1). 
 3 — Assignment {on an) by a residuary legatee of the equity of redeuip- 
 
 tion of and in his share in the testor's (1) realty and (2) pslty :— 
 
 vide " Forms" p. 122, par. 2. 
 4 — Bank {on withdrawal of a Local Savings) deposit: — vide p. 78, 
 
 par. 22, sub-par. 1. 
 5 — Bankers {Exor's solr's notices to decexVs) ; — vide (1) p. 69, par. 5, and 
 
 (2) p. 70, par. 3, sub-par. 2. 
 e— Creditors {to), to send in forthwith detailed particulars of their 
 
 undelivered claims : — vide " Letters." 
 6a — Creditors {statutory notice to) under 22/3 V. c. 35 : — ride App. 
 
 " M. f:' 
 
 7— Death of {a) an intestate or {b) testor :— notice to his (1) bankt-rs, 
 
 and (2) the various companies, or (3) other undertakings wlierein 
 
 he is a shareholder. 
 S—Farm House {testor's) .—for a notice of exor's intention to give up 
 
 possession thereof, vide " Forms;' pp. 122/3, par. 3. 
 9 — Insurance {a Life) policy claim: — vide pp. 165/6, pars. 7 and 8. 
 10— Mortgage {notice of exors' intention to repay ppal and int owing uiuh'r 
 
 testor s) : — vide " Addenda."
 
 25U NOTICES (miscellaneous) : SCHEDULE THEREOF. 
 
 11 — Proctor (to the Qxeen^'i), &c. — vide sub-par 1. 
 
 11a — Purchase (pchr's notice, for insertion in local papers, on his) of an 
 
 intestate tradesman's business : — vide (1) p. 42, par. 12, and (2) 
 
 " Forms," p. 125, par. 4. 
 12 — Rent payable by a mortgagor' s tenants. — Solr's notice to them to pay 
 
 rent to the agents for a deced mortgagee's exors : — vide ^^ Forms" 
 
 p. 123, par. 4. 
 13 — Rents ((1) quarterly, or (2) halfyrly) of testor' s j^pty : — vide " Forms," 
 
 p. 123, par. 6a. 
 N.B. 13a. — Rents (sd) : — notice must be give?)- to all (^except weekly) tenants 
 
 to jKiy their rent (if so arranged), to the exors* solr, in case he is 
 
 apjptdto receive same, pending the ultimate (1) realization, and (2) 
 
 distribution of the estate. 
 1 Sb — Rents (sd) : — Service (a memdum of) thereof upon each tenant 
 
 must immediately thereafter be endorsed upon the " duplicates," 
 
 by the clerk who serves such notices : — vide p. 123, par. 5b. 
 14 — Sale (vendor — admor's joint notice with pchr of the) specified in 
 
 sub-jjar 11a : — vide (1) p. 4^1, par. 12 and (2) "Forms," jj. 125, par. 
 
 4a. 
 15— -Tenants (except n-eehly) : — notice to them to quit premises (vide 
 
 ''Addenda." 
 16 — Withdrawal (notice to a Town Clerk as to exors' intended) of 
 
 testor's investments in a Municii^al Corporation: — vide "Forms," 
 
 p. 124, par. 6. 
 N.B.: — Vide " Addenda" for 7 other miscellaneous forms of " Notice" 
 
 sometimes required during (a) an administration or (b) executorship.
 
 APPENDIX R 
 
 (a) "Partnership Act," 1890 (53 4 V. c. 39)-« classified 
 
 schedule of the several (a) duties, (b) liabilities, (c) riyhts, and (d) remedies 
 of a deced prs admor, or exors, towards and against the survivitiy prs, 
 as declared and amended by the sd Act {operating from 1/1/91). 
 1 — Continvation {effect of), after a pr's death, of pp. Imsiness in (1) old 
 
 firm-name, or (2) bis name, as part thereof — same shall not, of 
 
 itself, make his (a) admor, (&) exor, (c) estate, or (d) effects, liable 
 
 for any pj) debts thereafter contracted, s. 14. 
 2 — Debts contracted after death of a partner — his estate is exemi»t. 
 
 s. 31 (3). 
 3 — Dissolntion — by death of any partner, unless it is expressly stipulated 
 
 to the contrary, s. 33 (1). 
 4 — Duties {statutory rules as to the several) of prs in relationship to the 
 
 pp, subject to any agrt, (a) express, or {b) implied. 
 
 (1) Accounts {true) — of all things affecting pp must l^e rendered by 
 prs to the legal personal repres of any prs. s. 28. 
 
 (2) Information {full) of, &c. — vide '' Accounts," etc. 
 
 5 — Liability {posthumous) of a pr's estate (s. 9) — his estate is also 
 severally liable for all the firm's (1) debts, and (2) obhgatious, 
 incurred while he was a pr, in a due course of admon, so far as they 
 remain unsatisfied ; but subject in {a) England, or {b) Ireland, to prior 
 payment of his separate debts. 
 
 6 — " No partnership " — the following prs are not, by reason only of the 
 undermentioned acts or arrangements, (a) made prs ^vith the pn, or 
 ps carrying on a business, or (b) liable as such. s. 2. 
 (1) Annuity (the receipt by a deced pr's {a) child, or (b) widow, by 
 way of) of a portion of the profits made in the bs wherein he was 
 a pr. s. 2 (3 c.) 
 
 7 — Profits {an outgoing pr's right, in certain cases, to share) made after 
 dissolution, s. 42. 
 (1) Where (1) any member of a firm has died, and (2) tlic surviving 
 partners carry on the firm's bs, with {a) its assets, or (6) cajiital, 
 without any final settlement of accounts as between (1) firm, and 
 (2) his estate, then, in the absence of any contrary agrt, latter is
 
 252 PARTNERSHIP (dECEASEd's). 
 
 entitled, at the option of his repres, to (a) such share of the profits 
 made since death as the Ct may find attributable to the user of his 
 share of the pp assets, with (b) int at the rate of ,£5 p. c. p. a. on 
 amount of latter share. 
 
 (2) — Option (effect of an " exercised ") hy pp contract to surviving prs 
 to purchase a dececl pr's interest, s. 42 (2) — latter's estate is dis- 
 entitled to any (a) further, or (6) other share of profits. 
 
 (S) Option (effect of non-compliance with terms of sd) if any pr, 
 assuming to act in exercise of sd option, does not, in all material 
 respects, comj^ly with its terms, he is liable to accovmt under 
 s. 42 (1). 
 8 — " Property (partnership ") — meaning of sd statutory term. s. 20. 
 
 (1) Comprises (what it) — all (1) ppty, and (2) rights, and (3) 
 interests in ppty, originally (a) acquired, whether by (1) purchase, 
 or (2) otherwise, on firm's account, or for purpose, and in course of 
 pp bs, or (h) brought into pp stock. 
 
 (2) Conversion into pslty or moveable estate of (a) land, or (b) any 
 heritable interest therein, held as pp ppty. s. 22 — said land, &c., shall, 
 unless a contrary intention appears, be treated, as between the prs 
 (including a deced pr's (1) admor, (2) exor, or (3) heir) as pslty. 
 
 (3) Legal (the) estate or interest in pp land — it shall devolve according 
 to the (1) general rules of law thereto applicable, and (2) the nature, 
 and (3) tenure thereof, but in trust, so far as necessary, for the ps 
 beneficially interested in the sd Id under sd sect. s. 20 (2). 
 
 (4) (1) Tenure, and (2) appln thereof — it must be (a) held, and (b) 
 applied by prs (1) exclusively for pp purposes, and (2) in accor- 
 dance with pp. agrt. 
 
 9 — Property (each pr's rights as to the application of the pp) on a dissolu- 
 tion, as against (a) his co -prs, and (b) all " claimants " through 
 them, in respect of their interests as prs. s. 39. 
 
 (1) (1) Debts (firm's), and (2) liabilities — to have it applied (a) in 
 payment thereof, and (b) " surplus assets " in 
 
 (2) Payment of what may be due to the prs respectively, after 
 deducting tvhat may be due from them as prs to the firm. 
 
 (3) Winding-up firm' s (a) affairs, and (b) bs — (1) any pr, or (2) his 
 representatives, may, for the sd purpose, apply to the Ct, on the 
 termination of the pp, to wind up, &c. 
 
 10 — Rights (9 miscellaneous statutory), (a) reciprocal and (b) otherwise, 
 of (1) apr agst his co-prs, and (2) vice versa. 
 (1) (1) Advance (any) or (2) actual payment made by a pr for pp
 
 I'AKTNKRSHIP ( DECEASED'h ). 2.^3 
 
 purpose, Leyond amt of tapital aj^reed to Ix- sultairil.eil l>v him— he 
 is entitk'd to iut at 5 p. c. p. a. from date thereof, s, 24 (3). 
 
 (2) Boohs (pp) — every pr may, when he thinks fit, (1) have access to, 
 (2) inspect, and (3) copy any of them. s. 24 (9). 
 
 (3) Capital of pp bs — all prs are entitled to share eiiuallv tlu*rein 
 s. 24(1). 
 
 (4) Decerf pr's share to be a debt, «fcc. — vide sub-par. 11. 
 
 (5) Differences (any) arising as to ordinary matters connected with 
 the pp bs may be decided by a majority of prs. s. 24 (8). 
 
 (6) Indemnity (firm's) of every pr in respect of (I) payments made, 
 and (2) personal liabilities incurred, by him in (a) the ordinary and 
 proper conduct of their bs, or (b) in or about anything necessarilv 
 done for its preservation, or (c.) their ppty. s. 24(2). 
 
 (7) Losses, whether of (1) capital, or (2) otherwise, sustained by the 
 firm — all the prs must contribute equally towards same s. 24 (1). 
 
 (8)- Payment (any actual) made by a pr, <fcc. — vide " Advance," 
 
 sub-par 1. 
 (9) Profits of pp bs — all prs are entitled to share equally therein. 
 
 s. 24 (1). ' 
 11 — Share (deced partner's) to be a debt accruing at date of death — 
 
 subject to any agrt between prs, the amount due from surviving prs 
 
 to deced's representatives in respect of his share is a debt, &c. 
 
 s. 43. 
 (b) Partnership — miscellaneous matters relating to the reciprocal (a) 
 
 obliyations, (b) rights and (c) remedies of a deced j)rs (I) ar/mnr or (2) 
 
 exo7-s and (3) the surviving prs : — 
 
 1 — Action (a beneficiary's) in respect of a pp carried on by exors : — 
 
 (1) Case — if a pr in a trading firm dies, having appointed other prs 
 his exors, who (1) carry on bs, without withdrawing his assets or 
 (2) " settling," sd a/c is maintainable. 
 
 (2) Result — deced's estate is entitled to share in profits so long as his 
 assets remain in the bs, because (1) they form j)art of the fimd 
 whence profits arise, and (2) exors have committed a l)reach of 
 trust in so using assets without a provn to that effect ( T'v^'' v. 
 Foster, L. R., 7 H. of L., 529). 
 
 (c) Partnership (procedure on dissolution of a) by tht' dtuith of a 
 
 partner : — 
 
 (1.) Assignment (where the surviving prs ( 1 ) takr an ) '>/ l>ift> r's .<h,in ot
 
 254 PAKTNEKSHip (deceased's;. 
 
 and in the (a) credits, (h) effects, and (c) stock-in-trade of a firm 
 
 of timber merchants, and (2) continue the business. 
 
 (2.) Valuation (or special mode of estimating the value) of such share. 
 
 1. Account (a General) must he taken by (1) a Chartered, or 
 (2) Incorporated, or (3), other competent Accountant, (a) on 
 behalf of, and (b) as between (1) the deced's exors and (2) sur- 
 vivors, pursuant to the i>p. articles, by the jjrejjaration of the 
 following, viz. : — 
 
 1 — " Balance (a) Sheet" of the aifairs of the said pp, whereby the 
 value of the said share as (on the day of death), is ascer- 
 tained and 
 2 — '■'Epitome (a Special)" containing (1) the result of his audit of 
 the pp books, and (2) course adopted with reference thereto, 
 wherein must be entered all items representing the amt of (a) 
 assets and (6) liabilities at testor's death, as follows: — 
 2 — " Cash-value " (course whereby everything is practically reduced to a) 
 at testator^ s death : — 
 
 1. Interest (the deduction, from gross total of stoch on hand, of 8 months' 
 "prospective") at 5 per cent. p. a. from testor's death, \s reasonable, 
 proj)er, and unobjectionable, to practically reduce everything to 
 a cash-value, having regard to the following circumstances, &c. : — 
 
 1. Prices (the) actually realised, etc. 
 
 2. Prices : — the (1) fall and (2) rise thereof. 
 
 3. Stock on hand : — the quantity of stock unsold. 
 
 4. Valuation (a just), made pursuant to said Articles. 
 
 2. "Prices (full"), ruling in the market at testor's death must be 
 allowed thereon. 
 
 3. Valuation ("basis of") of Stock-in-trade, &c. — vide sub-par. 2. 
 3a. Valuation (mode of) of sd stock. 
 
 3 — Deduction (2 special reasons for) of sd "prospective interest " : — 
 
 1. If such stock had been purchased on the spot a credit of 6 mos 
 would have been allowed to the buyers, and as fully \ (whereon 
 freight had to be pd in cash), had not arrived, and was not 
 delivered for over a month after testor's decease, the allowance of 
 the sd int is not (according to the valuer's ojiinion), excessive. 
 
 2. Increase (any) in value must be added, in case of timber (1) accei>ted 
 against, or (2) bought for future delivery. 
 
 3a — Dissolution of pp. by death : — The pp is forthwith dissolved by a 
 pr's death (so far as his estate is concerned), not only as regards (a)
 
 PARTNERSHIP (dECEASED's). 255 
 
 the dec-ed, but (h) also all his (.•o-i)rs, unless tlurr is an tujrt to Ifie 
 contrary (s. 33). 
 4 — Examination {Exor^s Solr's) of the sd a/c on their hchulf: — 
 
 He should meet (1) the sd accountant, (2) exors, or such one, or 
 more of them as may be selected to attend the conference, and (3) 
 surviving prs, at the pp offices, and carefully examine the sd 
 epitome. 
 
 1. Cash-in-hand :—?a\ acct thereof must be taken. 
 
 2. Debts (all book) : — an acct thereof must be taken. 
 
 3. "Depreciation " (fair and reasonable) must be allowed for. 
 
 4. Guarantee (a) by the survivors, at a disronnt of i'l 2'- >'■ (agreed upon 
 for the purpose of indemnity against doubtful outstanding debts), of 
 (1) all " Acceptances,^' and (2) open a/cs, excepting any debt or debts 
 owing to the firm, which they have grave doubts of receiving in full. 
 
 5. Other (any) partnership assets must be added. 
 
 5 — Goodwill in a pp business : — vide " Goodwill," itp. 216 17, sub-pars. 
 
 5, 6, 6a. 
 6 — (1) Guarantee and (2) interest a/cs (if any are agreed upon, as 
 
 specified in sub-par. 4(4)), (a) belong exclusively to the survivors, and 
 
 (b) should not be reckoned as part of the estate. 
 7 — Interest (when) on a deced pr\s share of the assets must be added : — if 
 
 (1) the amt is large, and (2) much time has elajised between the 
 
 death and grt of pbte. 
 S—" Liabilities" (what must be included under the term), as between (a) 
 
 the exors and (b) surviving partners : — 
 
 1. Acceptances : — interest must be allowed thereon. 
 
 2. Accounts (open) : — interest must be deducted iheYeivow.. 
 
 3. Capital : — as per the firm's " Private Ledger." 
 9 — Liabilities (procedure as to), &c. — vide sub-par. 8. 
 
 10 — " Probate-duty " : — the value of testor's share therefor is the price 
 pd by survivors, who only agree to (1) take over the stock at the 
 price fixed, and (2) pay the liabilities on this footing. 
 
 11 — Property (a deced prs (a) admors or (b) e.vors infen'st in the pp) : — 
 in the absence of a contrary stipulation, hitter's right therein, after 
 payment of liabilities, is to have his share (1) ascertained aoid (2) pd. 
 
 12 — "Real estate" (constituting imrt of the jxn-tnrri'hip assets), should br 
 specifically conveyed by a separate deed. 
 
 13 — Share (mode of ascertainment of a deced's) in jtartnershijt j>roj>erty : — 
 
 ''Balance-sheet" (request the survivors to (1) prejjare and (2) 
 
 sign a), showing the total amount of (a) assets and (h) liabilities,
 
 256 PAETNEBSHIP (dECEASEd's). 
 
 and (c) deced's jjortion of the balance, to enable the exors to 
 include it in their (1) statutory pslty, and (2) residuary a/cs 
 respectively. 
 14 — Valimtion (procedure after a) of a cfececl pr's share has been agreed 
 upon : — 
 
 1. Assignment (an), by exors to survors, of even date with the bond 
 hereinafter mentioned (wherein a Power of Attorney is unnecessary, 
 as the legal right to get in the outstanding assets passes at law to them), 
 and contemporaneously 
 
 2. Bond (a), by survors to exors, conditioned as follows, viz. : — 
 
 1. Indemnity against the partnership liabilities, and 
 
 2. (1) Payment of, and (2) security for testator's share thereof, 
 2a. Bond (special points connected with the said) : — 
 
 1. Instalment (survivors' p)ayment of an) on ajc, before its execution 
 — same must be deducted, and bond given for the balance only. 
 
 2. Penalty (the) in respect of sd share — must be double the amt due, 
 as required by the partnership articles. 
 
 3. Penalty (disputed) — In case of inability to satisfactorily agree what 
 
 the penalty should be in respect of the sd indemnity, the accoun- 
 tant is the fittest person to decide the question as to what is a 
 reasonable one. 
 15 — Payments (a strict ale to be Icept of all) made by the acting exor in 
 respect of the following items, viz. : — 
 
 1. (1) Probate, (2)*Funeral expenses, (3) Expenses attending the exor- 
 ship, (4) Debts on simple contracts, taxes, wages, &c., due at death, 
 and (5) Mortgage, with int due thereon. 
 
 2. Accumulations of (1) interest, (2) dividends, (3) rents, &c. 
 
 3. Payments out of such accumulations. 
 
 4. Deductions from the residue of the estate. 
 
 16 — Statutory (a) notice to the deced's Creditors — must be inserted in (1) 
 the London Gazette, and (2) such other (a) local, or (b) provincial 
 newspapers as the solr may, having regard to the (1) extent of deced's 
 commercial transactions and (2) position, deem sufiicient to give full 
 publicity to his Crs of the (a) fact of his decease and (b) necessity for 
 sending in written particulars of their claims, &c. 
 
 1 7 — Statutory (all claims delivered pursuant to such) notice, must, after the 
 same have been carefully (1) examined, (2) verified, and (3) approved, 
 be paid in due course. 
 
 18 — Winding (procedure (a) prior to, and (b) on the) up of the trust. 
 
 1. Account (detailed) renderable (a) to, (b) for examination by eachresi-
 
 PARTNERSHIP (dECEASED's). 257 
 
 duarij legatee — When the estate has heeii («) liilly reahsed, ami (h) 
 the net amt thereof ascertained, it is always advisable to render as 
 afsd a detailed a'c, containini^ the foHowiii^' ])articuhirs : — 
 
 1. Personal estate — a detailed a/c thereof. 
 
 2. Moneys arising out of the i*eal estate. 
 
 3. (1) Disposition (the) and (2) application of such (a) pslty, and 
 (6) moneys, &c., (c) proceeds and income thereof respectively. 
 
 (a) Examination and (b) approval of sd estate ah by Residuary 
 legatees — 
 
 1. Illiterate (as to such as are) and cannot read or write — same should 
 be carefully examined by souie person on their l»ehalf . When this 
 has been done, select an appropriate 
 
 2. Memorandum of approval, &c. for signattire by each legatee — vide 
 " Receipts," App. R., par. 15rt., and sub-pars, thereof.
 
 APPENDIX R. 
 
 Receipts (special (1) Administration, (2) Executorship, and 
 
 (3) other)— ""iiipi'if^iiig" (it is believed), nearly all, if not all, the 
 necessary forms thereof incidental to, or required at the following times, 
 viz : — 
 
 1. Distribution (an intermediate) of a portion only of deced's estate. 
 
 2. (1) Management and (2) realisation thereof: — during same. 
 
 3. Winding (final) up or distribution of deced's residuary estate. 
 
 1. Administrators (by) &c. — vide " Shares" par. 15a., sub-pars. 1, la, 
 
 and 2. 
 
 2. Bankers' — for a deced Customer's or Depositor'' s Pass-book. — Received 
 
 from (Uxors' Solr) the Deposit a/c book of the late Mr. A.B., formerly 
 of (address and description), a depositor with our Banking Co., to be 
 written up fer the |:>urpose of enabling the Exors to apj)ly for a grant 
 of pbte of his will, &c. — Bank Manager's signature. 
 
 3. Beneficiaries, (a) joint and (b) several receipts for payments by cheque 
 
 (on an interim division), on ajc of their respective shares under a will — 
 2 forms thereof — 
 
 A. 1. — Be A. B. deced. — We, the undersigned, Bfs under the last will 
 and testament of the sd deced, severally admit that we have this 
 day received from Messrs. C. D. and E. F.,the Exors thereunder, the 
 sum of <£ each, by cheques numbered as hereunder written, pay- 
 able at (Bankers' names, &c.), on a/c of our respective shares there- 
 under. As ivitness our hands this (date). 
 
 2. — IhenfoUowsa 5 columnar Schedule containing the (1) No., (2) Bene- 
 ficiaries' names, (3) Bfs' marks or signatures, (4) Nos. of cheques, 
 and (5) amts paid. 
 
 3. — Witness to the said (1) Beneficiaries' signatures and (2) several 
 payments respectively. G. H. — address and occupation. 
 
 B. — Re A. B. deced. — We, the undersigned, residuary legatees under 
 the last will and testament of A. B., late of, &c., do hereby (1) 
 severally and (2) respectively acknowledge that we have this day 
 severally and respectively received from Messrs C. D. and E. F., his 
 Exors, the several sums of M each, by cheque payable at 
 (Bankers), on a/c of our resj)ective shares of (a) the residuary 
 personal estate, and (b) money to arise out of the sale of the
 
 RECEIPTS (29 special). ■ 259 
 
 realty (wlum sold) of the sdtestor. As witness our respective hands 
 this (date) — (1) Schedule and attestation in sub-par. 2, A. (1) 
 foUo irs. 
 4 — Beneficiarij {separate receipt by each) on an interim distribution. 
 
 1. Re A.. B. deced. — I, the undersigned (jiame), a niece or nephew {its 
 the case may be) of the sd deced hereby admit that I have this day 
 received from his Exors (Messrs. &c.), by cheque No. — on {Bank), 
 the further sum of £, on a/c of my share of his residuary estate. As 
 tvitness my hand this {date). 
 
 2. Witness to (1) the signature of the sd C. D., and (2) the sd payment 
 to him. 
 
 5 — Certificates {for new) issued by a Railway Co. in the Exors^ names in 
 lieu of those (a) held by, and {b) registered in the name of the 
 testator. 
 No. — Received of the (name) Rway Co. (No.) Certificates for £ as 
 follows, viz. : — 
 
 1. Deferred, &c. — state the (1) Nos. and (2) amts thereof respectively. 
 
 2. 5 per cent. Debenture, &c. — state the (1) Nos. and (2) amts thereof 
 respectively. 
 
 3. Preferred, &c. — state the (1) Nos. and (2) amts thereof respectively. 
 6 — Compensation to Exors for damage done to testator's property through 
 
 " mining operations'' 
 Received from A. B. the sum of <£ in full discharge of our claim (as 
 Exors under the last will and testament of C. D. deced), up to this 
 date, for (1) compensation and (2) costs in respect of damage sus- 
 tained to premises {situation) ,D.e\th.Q\' party to be prejudiced by such 
 payment in the event of any future damage. 
 7 — Creditor {deced' s) to Exors — rect annexed to detailed particulars of 
 claim — 
 
 Received from the Exors of the late A. B. the sum of £ owing to me 
 by him for {state nature of claim), as ]>er the annexed particulars. 
 7a — District (a) Registrar to the Extracting Solr on dejiosit of papers for 
 grant of pbte. 
 Heading. Date. A.B. deced. Received from (name) the follovring 
 documents, viz. — 
 
 1. Affidavit for the Commissioners of Inland Revenue. 
 
 2. Affidavit by one of the attesting witnesses {if necesary). 
 
 3. Engrossment for pbte of the {a) original Will and (6) Codicil (if 
 any). 
 
 4. Oath {Executors'). 
 
 s 2
 
 260 RECEIPTS (29 special). 
 
 5. Reminciation (if one), by (1) an exor or (2) exors. 
 
 6. (1) Will (the original), and (2) Codicil or Codicils (if any). 
 
 8 — Dividend (for a Railway Company^ s) Warrant — Received from the 
 (name) Rway Co. £ (by dividend warrant No. ), made payable 
 to (1) A. B. and (2) me (the undersigned), as Exors of the lateC. D., 
 in respect of his stocks therein. 
 
 9 — Extracting Solr to Dt Mgrfor grant of (a) Letters or (h) jjbte. 
 Received (date) from the District Registrar of the Probate Division at 
 the grant of (1) Letters of Admon of the personal estate (or 
 (2) phte of the will), of A. B., late of , deced. 
 
 9a. — Interest debit note sent hy exor's solr to deced' s mortgagor — A. B., Dr 
 to the exors of the late C. D. Date. 
 
 1. To half a year's iut on (say) ^600 at ^5 per cent ^£15 
 
 2. Less tax at in the £ 
 
 £ 
 
 3, Payment is requested at the office of Messrs. E. and P., Solrs 
 (address) . 
 
 4. Please return this account to be receipted. 
 
 10 — Interest (Mortgagee's Exors' Solrs' receipt for the said). 
 
 Received from (name) the sum of £ , less tax , | yr's 
 interest on =£600 due this (date) to, &c. 
 £ cash, 
 
 tax. 
 
 10t<. — Legatee (hy a residuary) : — vide " Shares," par. 15a., sub-par. 3. 
 11 — Policy ((1) general receipt for amt paid under a life) in the Prudential 
 Assurance Co., and (2) indemnity against further claims. 
 
 1. Received this (date) of the P. A. Co. the sum of £ , being in full 
 discharge and satisfaction of all claims whatsoever in law or equity 
 which we, the undersigned, can or may have under or by vii'tue of 
 the above policy. 
 
 2. And we jointly and severally undertake and agree to hold harmless 
 and keep indemnified the sd Co. 
 
 12 — Policy (another form of reel hy deced's Admix endorsable on a life). 
 1. We, the undersigned, hereby acknowledge to have received from 
 the Directors of the (Co.) (1) the sum of £ , being the amt assured
 
 RECEIPTS (2'.> .SPECIAL). 261 
 
 by the withiu policy, (2) togetlKT with the uiiit of l)uuus thereon 
 added thereto (if any), in full discharge of all demands thereon. 
 
 2. Dated, and signed by the deced's Admix. 
 
 3. (1) £ sum assured, (2) £, (bonus) = £ (total) ; (3) deduc- 
 tions. 
 
 4. Witness — C. D., stating his (1) address and (2) description. 
 
 13 — Policy — special dischanje to the Life Association of Scotland by (a) 
 the Admor of a deced assurer, and (b) assignee of policy tinder latter' s 
 assignment thereof. 
 
 1. I, A. B., of, &c., admor of the personal estate of the withiu C. D. 
 per Letters of Admon granted forth of the Dt Ry attached 
 to the Pl)te Du of Her Majesty's High Ct of Justice at 
 
 on (date) and 
 
 2. I, E. F., of, etc., having right to the within policy by virtue of an 
 assignment thereof granted in my favom- by the within-named 
 C. D., dated, &c., do hereby, for our respective rights and interests, 
 acknowledge to have received from the L. A. of S. the sum of £, 
 sterling, payable under the within policy in consequence of the 
 decease of the sd C. D., which happened on the (date), (1) of which 
 sum assured, and (2) of all claims and demands under and by virtue 
 of the sd policy (a) the sd Assn are hereby for ever discharged and 
 (b) the sd policy is now cancelled and delivered up to them. 
 
 In ivitness whereof we have hereunto respectively (1) set our 
 hands and (2) affixed our seals on (date). 
 14 — Purchase (rect for) money, to be annexed to a Conveyance to a 
 Railway Co. 
 
 The trustees of A. B. deced, to the (name) Railway Co. — Received 
 (date) from the sd Co. the sum of £ , in payment of a c for their 
 purchase from the sd Trustees of certain freehold premises parti- 
 cularly described in our conveyance to them of even date herewith. 
 lb— Rent (rect for) paid to the Exor's Solicitor— Pla.ce and date. Re 
 Smith's Trust. Received from Mr. A. B. the sum of pounds 
 shillings and pence for one (qnarter's or half-yr's, as the 
 case may be) rent of premises situate at , and due this day 
 to the Exors (or Trustees) of the will of the late Mr. J. Smith. 
 \ha— Shares ((1) receipts for) and (2) memoranda of (a) cramination and 
 (b) approval of (1) an admor's or (2) exor's estate-a'cl»y the bene- 
 ficiaries, to be (a) added at the end thereof, or (b) endorsed thereon, 
 and (r) sigrned l>y or on behalf of each Bfy. 
 1. Admix (examon, dr., of a solrs detailed a/c rendered to an) on whose
 
 262 EECEiPTS (29 special). 
 
 behalf he has (a) managed and (b) realized the intestate's estate : — 
 I, the undersigned, administratrix of the personal estate and effects 
 of the sd intestate, hereby admit as follows : — 
 
 1. That the above account has been (1) read over and (2) care- 
 fully explained to me by Mr. A. B., of afsd, the 
 accountant employed by me to (a) go through and (h) examine 
 all the accts rendered by you relating to the sd estate. 
 
 2. That I perfectly (1) understaiad the contents thereof, and (2) 
 am satisfied therewith. 
 
 3. That I have this day received from you the sum of £ , 
 being the balance in your hands under your sd (a) manage- 
 ment and (h) realisation of the sd estate, in full satisfaction 
 and discharge of all claims whatsoever at^st you as my sd 
 agent or solr, for or in respect or on acct of such" estate up to 
 and including this date. As icitness my hand this day 
 of ,189 . Signature. 
 
 Witnessed by the sd accountant. 
 la. Admix, &c. — sd accountanf s memdum of his sd examon of {endorsed 
 on the) sd admon a/c : — Having carefully examined Mr. A. B.'s 
 (No.) several accts in the sd estate, I hereby certify the same to be 
 correct. 
 
 2. (1) Admix {memdum, &c., by the) of a deceased legatee, &c. I, the 
 undersigned, hereby admit as follows, namely : — (1) That, &c. 
 {vide No. 3, A 1, adapting it to the case of one legatee only) ; (4) 
 after and omitting " several," being the balance in their hands pay- 
 able to me as such admix as afsd, in full, &c., down to " respect,'' 
 adding " of the sd personal estate up, f&c." 
 
 3. Legatee (by one) : — I, the above-named legatee, hereby admit, &c. 
 (down to " further (4-1) "), the bake or sum of £ in full, &c. 
 
 4. Residuary {where the) pslty is divisible amongst testor's children, 
 subject to a deduction from their respective shares of certain advance.^ 
 made to them by him : — We, the undersigned, residuary legatees 
 under the will of the sd deced, hereby admit as follows, namely : — 
 
 1. That we have carefully read over the above account, or 
 
 la. That the above a/c has been carefully (o) read over and (6) 
 explained to us by Mr. , the solr for and on behalf of 
 
 the sd exors. 
 
 2. That we perfectly {a) understand the contents thereof, and (b) 
 are satisfied therewith, and 
 
 3. That we have this day received from them the several sums
 
 RECEIPTS (29 SPECIAL). 263 
 
 set opposite to our respective names in the {forerjoiinj) a/c 
 No. 2 hereunto annexed (showing the division of the sd 
 testor's (1) residuary personal estate, or (2) the proceeds of 
 sale of his sd realty), in full satisfaction and discharge of all 
 our respective claims and demands whatsoever for or in 
 respect or on account thereof up to and including this date. 
 16 — Stock {Exors' Solrs special receipt for the anionut of Corporation 
 Debenture), by endorsement on the Certificate thereof. 
 
 1. Whereas under and by virtue of a Certificate No. , given under the 
 Common Seal of the Mayor, Aldermen, and Burgesses of the Boro' 
 of in the County of on the (date), A. B., then of, Sic, 
 became the registered proprietor of £, of the W. C. 
 D. S., issued by the sd M. A. and B., pm-suant to the " W. Improve- 
 ment Act, 1874," such Certe bearing int after the rate of £ 
 
 p. c. p. a., payable half yrly. 
 
 2. Continue from " And ivhereas" to the end in Receipt No. 17. 
 
 17 — Transfer (Exors' red to a Local Board of Health for ppal and int 
 secured by a) of Mortyage to their testor (by endorsement thereon), 
 
 1. Recital of proprietorship as specified in Receipt 16, svb-jjnr 1. 
 
 2. A7id tvhras the said A. B. (1) duly made his last will in writing, 
 dated, &c., and (2) thereby appointed C. D., of, A:c. and E. F., of. 
 &c., Exors thereof, and (3) thereby (after payment of a certiiin 
 pecuniary legacy therein particularly mentioned) gave all the 
 residue of his real and personal estate whatsoever and wheresoever 
 unto and to the use of the sd (names), their hrs, exs, ads, and 
 assns, according to the nature thereof respectively, Upo7i trust 
 that the sd exors, or the survivor of them, or the hrs, exs, 
 or ads (as the case might be) of such survivor or their or his 
 assns. should, as soon as conveniently might be after his 
 decease, and in such manner and upon such terms as he or 
 they should think fit, sell, collect, or otherwise convert into 
 money all such parts o.f his said ppty, as should not consist 
 of ready money, and might buy in or rescind any contract for sale, 
 and resell without being answerable for loss, and might, for the 
 purpose afsd, execute and do all such assurances and things a-s they 
 or he should think fit. And should, out of the moneys to arisr from 
 such sale, collection, and conversion, and the money of winch lu' 
 should be possessed at his death, (1) pay his funeral and t<?8ta- 
 mentaryexps and debts and the legacy or legacies becpi.-athi'd by 
 his sd will, or any codicil thereto, and (2) invest the residue in
 
 264 RECEIPTS (29 special). 
 
 mauuer tliereiii nieutd, and (3) hold the said premises and the rents 
 and income thereof in trust as therein mentd. 
 3 And whereas the sd tester died on the (date) without having 
 altered or revoked his said will, and the same was on the (date) 
 following proved in the Dt Ey of the Pbte Dn of the High 
 
 Ct of Justice by the said exors. 
 
 4. And whereas (1) the before (or within) mentd sum of £, 
 together with (2) int thron since the (date) last, amounting to the 
 sum of d£ (making altogether the sum of <£ ), still remains 
 due and owing on the security of the above (or within written Indre 
 or) certificate. 
 
 5. Noiv we the undersigned, as such exors as afsd, hereby acknow- 
 ledge that we have this day received all moneys intended to be 
 thereby secured. 
 
 6. As witness our hands this (date). Stamp Id. Exors' sigiiatnres. 
 Witnesses to their signatures, (1) their Solr, and (2) his Clerk. 
 
 17a — Transfer, &c. — Receijit endorsed on fair copy of sd Certificate. — 
 Received the original of the within certificate from (naine) this 
 (date) . Signed by the Town Clerk. 
 
 176 — Transfer, &c.- — Exors" authority to (1) sd Mayor, A. and B., (2) 
 Toicn Cleric, and (3) Bora' Treasurer to pay sd amt to their Solr. — We 
 the undersigned hereby authorise, request, and empower you to pay 
 the sd last-mentioned sum to our Solr on our behalf. This shall 
 be yowY sufficient authority|and indemnity for such payment. Exors' 
 signatures. Witnessed. 
 
 18 — (1) Will {on delivery up, by exors. to their solr., of the testor's), and 
 (2) Codicil (if any), to enable him to prepare the necessary affts for a 
 grant of pbte thereof: — Place and date: — Received from Messrs. 
 A. B. and C D., the exors of Mr. E. F., formerly of (address and 
 desciiption) , deced, the lattei*'s (1) will (and (2) codicil, or cdls, if 
 any), to enable me to apply on their behalf for a grant of pl)te 
 thereof in due course. Solr''s signature, &c.
 
 APPENDIX R 1. 
 
 Reports 'Solicitor's Special) to (l) Next. of -Kin, and (-2) 
 
 Residuary Legatees, on behalf of , ami as to (a) ati Administrator s ami (b) 
 Executor's manaijement, realization, and distribution (intermediate and 
 final), of the intestate's or testator's estates respectively. 
 
 (a) Judicial (4) comments upon the novel system jiroposed by thr said 
 
 Reports : — 
 
 1. Mr. (voir Lord) Justice Kay. — He was (1) very glad to see an 
 attempt to introduce some system into the very important business 
 of administering estates, and (2) wished all success to the suggestions 
 contained in the Preface to the said work, which deserved tlie 
 attention of practising solicitors. 
 
 2. Mr. Justice Chitty. — It would be of service not only to (1) 
 solicitors, but (2) also to all who are concerned with, or interested 
 in, the administration of the estates of deceased persons. 
 
 3. Mr. Justice KeJceivich. — The system certainly touches a question of 
 great interest and importance regarding the administration of 
 estates. 
 
 4. Sir (the late) Henry Fox-Bristotve, Q.C. (formerly Vice-chancellor of 
 the County Palatine of Lancaster). 
 
 1. Advantage (the) to beneficiaries would be very great, and 
 
 2. Litigation (much) be avoided, if the plan proposed were adopted 
 in all rases of (1) administrations, and (2) executorships of any 
 magnitude. 
 
 3. Plan (the) 2Jro2)0.<ied.—I±e hoped that it niiglit be largely adopted. 
 
 4. Suggestions (the) were very valuable. 
 
 (b) ''Lav (the) Times" review of the 1st edit, of the said n>i^..rfs . 
 
 Abstract therenf: 
 
 1. Cost (as to the) of the proposed Report.— 'i:io doubt it w(.uld add 
 something to the cost of winding-up the estate, but this advantige 
 would amplv compensate for the additional expense. As a rule, 
 people do not mind paying for a thing if it is worth having* 
 particularly where, as in cases of administration, they have some- 
 thing to receive.
 
 266 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 2. Novel (a) idea. — lu these days of overcrowding, au author who 
 strikes out a new line for himself is to be congratulated, and this we 
 consider that Mr. Fred. Wood has done. 
 
 3. Object (its). — Is to introduce a system whereby beneficiaries can be 
 supplied with substantially the same information as to the admini- 
 stration of their intestate's or testator's estates as the administrator, 
 executor, or solicitor himself possesses. 
 
 4. Practice {the present). — According thereto, the said information is 
 little more than can be gathered from the (1) balance-sheet, and (2) 
 release produced, for their execution, &c., upon the distribution of 
 the estate, without their having had any previous opportunity of 
 investigating the deceased's aifairs. 
 
 5. Protection (a great), &c. — It is manifest that such a Report as 
 proposed tvill he a great protection to honest (1) administrators, (2) 
 executors, and (3) their solicitors (tvhich is a better and further 
 attraction), from iinfair imputations of (a) fraud, and (b) mis- 
 management, &c. 
 
 6. Recommendation of the scheme. — It seems to us that it is well worthy 
 of the consideration of the profession, and we shall be surjjrised if 
 it is not largely adopted. 
 
 (c) Their objects and advantages are more fidly explained in Appendix 
 
 F. I, pp. 127 to 136 (16) i/n-J,isin. 
 
 Preface to the Second Edition. 
 
 " Reconstruction, &c." 
 
 1. The gratifying reception accorded to the first edition of this work 
 has resulted in the agreeable task of compiling a second, based on an 
 improved plan. The former contained about twenty precedents of 
 " Reports," adaptable under, and applicable to the numerous miscel- 
 laneous special circumstances indicated in the Index thereof, but, on 
 mature consideration, a thoi'ough " reconstruction " has been deemed 
 advisable, specifying, under the various alphabetically arranged 
 "headings" contained in the following Table of Contents, all the 
 heterogeneous circumstances happening in large and small adminis- 
 trations, exe utorships, and trusteeships, from which practitioners 
 can read y select the appropriate paragraphs properly incorporable 
 in such Reports.
 
 REPORTS (solicitor's SI'ECIAL) TO BENEFICIARIES, ET»'. 267 
 
 2. '* Special cases "; — It will be observed that beyond the pars required 
 
 for " ordliiiiri/ rr/scs," special cases are fully providfd for by the 
 insertion herein of many pars relatin*; to very exceptional and 
 unique circumstances, in orderj to give a fair idea of the natun- of 
 the information rt-nderable to the beneficiaries thereunder. It is 
 sincerely trusted that the said reconstruction will render this section 
 of the work (1) more comprehensive, practical, and usefid, and (2) 
 more readily adaptable (than the first edition), to the exigencies of 
 almost every possible case wherein the adoption of the novel system 
 suggested by Reports of this character is, for the protection of all 
 parties concerned, recommended. 
 
 F. W. 
 3, Ploivden Bnihllngs, Temple, 
 December, 1893. 
 
 Contents (alphabetically classified Table of). 
 
 N.B. — The paratjraphs herein corres^iond with the pars, in the tcjiit ; 
 under these circumstances, the ^^ pagination" of the latter has been 
 deemed unnecessary. 
 
 1. a. Abstract of Wills, &c. 
 
 2. Accumulations of dividends, interest, rents, &c. 
 Administration {Letters of) to the f ollowing estates and shares, A:c. : 
 
 3. 1, Residuary (a deced) intestate legatee (a widow), granted to her 
 
 daughter. 
 
 4. 2. Residuary (a deced) legatee (a married woman), granted to her 
 
 husband. 
 
 5. 3. Residuary (to the personal estates of a deced (I) daughter and (2) 
 
 son) legatees respectively. 
 5a. "Adva7ices" (statutory provisions respecting) to a sou during his 
 intestate father's lifetime. 
 
 Advertisements in the foUoiciin j speci'il omes : 
 
 7. 1. Sale (advt of) of an intestate's business. 
 
 8. 2. Sale by pnvate treaty of a deced lessee's interest in his business 
 
 premises. 
 
 6. 4. Will (advt for an alleged missing). 
 
 9. 3. Sons {for one of testor's missing), supposed to be in America.
 
 268 BEPORTs (solicitor's special) to beneficiaries, etc. 
 
 10. Agreements connected with, and incidental to the folhicing matters. 
 
 1. Codicil (testor's intended, bvt nnexecided) : — Residuary legatees 
 agreement to carry out same. 
 
 2. Lease {for a), by his admor, of au intestate tradesman's business 
 premises. 
 
 3. Lease {for a), by executrix, of testor's business premises, &q. 
 
 3rt. Lease {for a) by sd extrix, &c. — Supplemental agrt therefor, 
 modifying terms of the 1st agrt. 
 
 4. Lease of business premises or works to purchasers of fixtures from 
 the lessee's executrix. 
 
 5. Poor-rate payable in respect of testor's ^^ cottage property'' : — agrt 
 by an Executrix with Overseers of Poor to compound therefor. 
 
 6. Scde {for) by an admor of an intestate tradesman's business. 
 
 7. Will (agrt or declaration, by residuary legatees, as to their 
 brother's restricted interest or share under their late father's). 
 
 11. Appearance (as to entry of an) in due course. 
 
 Appliccdions in the 4 folloiring specicd cases, viz. : — 
 
 llrt. 1. Appointee {to an), under a Power of Attorney, for a detailed a/c 
 of the proceeds of an estate in America, sold by him. 
 
 12. 2. Appointee's {sd) former Solicitors : — Supplemental and final 
 application to them therefor. 
 
 13. 3. Appointee (result of appointor's Solicitor's journey to Ireland to 
 " interview" sd) resj^ecting sd "abortive" appln, &c. 
 
 14. 4. Creditors {to an intestate tradesman's), for detailed pai'ticulars of 
 their claims, to enable the then intended admor to claim a 
 deduction of debts, &c. 
 
 Ajjpoirdments in the S follonnng special cases, viz.: — 
 
 15. 1. Trvstees (3 additional, in place of disclaiming). 
 
 16. 2. Trustees {nevj) of a 1st settlement, in place of a deced trustee. 
 
 17. 3. Trustees {neiv) under a will: — appt thereof by a surviving 
 trustee. 
 
 Assignments in the 4 fnlhnrlng special cases, viz. : — 
 
 19. 1. BanTcruptcy (by trustee under) of one of testor's sons, of latter's 
 share of an " annuity fund " of d£500, invested for his mother's 
 benefit. 
 
 21. 2. Lessee {by a), of the lease of an intestate's business premises, 
 with the consent of his Admor, as lessor.
 
 REPORTS (solicitor's SI'ECIAL) TO nENEKIClAKIEB, ETC 269 
 
 20. 3. Lessee (to a), hy mt r.rtri.r, ,>\' ti.xtun-s jiiid inii«liiii.Ty at (t-ntiir'n 
 
 works, 
 18. 4. Partnershij) (bi/ e.tt,r.s nf ,, drcd iKirtner of Iiim nhnre <,J ) nn^et^ tu 
 
 snrviviny j}art)iers, who \i\nvhiiHi' mnh'V II i>tmt'r in tin' pp. articloM 
 
 or deed. 
 
 22. ''Audit" of partnershijj hooks, A-c. — Ejtitoine thereof. 
 
 23. Balance (as to) owing to exor wliere tostor's estate proven iiiHolveiit. 
 
 24. " Balance-Sheet " rendered to (1) Next-of-Kin or (2) KeMidimrv 
 lep;atees a reasonable time before a final distrilnition. 
 
 25. " Banhing Accounts : " — statements with reference thereto. 
 2(3. " BanJcing a/cs " (new) opened hij Exors : — the like. 
 
 27. Bond by surviving partners to a deceased partner's exor«, to sceure 
 
 his share of the partnership assets. 
 
 28. (1) Cases for the Opinion of Counsel, and (2j nliKtrnrt^ nj opinion*'. 
 
 29. " Caveat " against probate of a will : — abandonment thereof. 
 
 30. Caveat (Deft's Summons to (1) abandon), and (2) for grant. 
 
 31. Caveat: — "objections " (to pit as adm )r) relied upon. 
 
 32. Chief rents (payable to testor's estate), issuing out of ppty in 
 Ireland. 
 
 33. "Claims" (particulars of) delivered pursuant ta a statutory nnticf tu 
 
 Crs. 
 33a. " Compromises" with deffs under writs of summons. 
 
 34. Conveyance of freeholds to a trustee for testor's ehhst son, as directed 
 by his will, after advertisements for a missing son, 'supposed to be in 
 America, but ivho coidd not be found. 
 
 35. Conveyances of testor' s freeholds to the respective purchasers thereof. 
 
 36. (1) Damage to property at, &c., and (2) Settlement of claim therefor. 
 
 37. Death of a. life tenant. 
 
 37rt. (1) Death (testors), and (2) phte of his will by surviving exor« .— 
 S7b. (1) Death (testor's) and (2) pbte of his will by his widow nhnr 
 (power being reserved, t&c, therein). 
 
 38. Death of testor's niece testate. 
 
 39. Death of testor's sister intestate, &c. 
 39a. Death of a trustee. 
 
 40. Debts (payment of) out of testor's personalty. 
 
 41. Debts (mode of appropriation of book) collected. 
 
 42. Debts (schedule of) owing by an intestate. 
 
 43. Debts (payment by admor, out of his own funds, shortly after inU^aU'$ 
 death, of latter' s) subject to a discount of 10 p.r. therefrom. 
 
 44. Debts (special circumstances connected with an intestate's book)
 
 270 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 45. Debts (exor^s inability to forthwith pay the testor's). 
 
 46. Debts {Crs agrt to wait a yr for payment of their respective), &c. 
 
 47. Declaration by remaining residuary legatees as to the share o£ son, 
 
 whose interest under his father's will is unjustly restricted. 
 47o. Deeds {Solr's delivery up to admix of the title) relating to an 
 
 iiitestate's leaseholds. 
 4:7b. Deeds (as to undelivered title), &c. 
 47c. Deposit (equitable) of title-deeds by testor. 
 
 48. Direction (deed of) executed by all the next-of-kin (ivho are sui juris) 
 to an Admor, empowering him to postpone " realization " of the 
 intestate's pslty. 
 
 49. Direction (deed of) by residuary legatees to trustees as to postponement 
 of sale of a testor s (a) freeholds and (b) leaseholds. 
 
 50. Disclaimer of (1) Exorship and (2) Trusts by 2 Exors and Trustees. 
 
 51. Distribution (final) of an intestate's residuary personal estate: — 
 
 explanation as to the special circumstances preventing same. 
 51rt. Distribution (proposed "^ interim") on testor's 2 sons attaining 21. 
 51&. Distributions (several " interim ") amongst the residimry legatees. 
 
 52. Division (proposed) of testator's residuary estate. 
 
 53. ^'Equitable deposit" of deeds relating to testor's leasehold residence. 
 
 54. (1) Examination and (2) approval (by legatees) of scheduled Estate 
 ajcs. 
 
 55. (1) Funeral (schedules of testor's) and (2) testamentary expenses, and 
 
 (8) legacies bequeathed by his ivill, and (4) duties payable in respect of 
 his estate. 
 
 56. Fxirniture (sale of household) and effects. 
 
 57. Furnittire (sale of testor's) plate, &c. 
 
 58. (1) Furniture (sale of household), and (2) stock-in-trade, &c. 
 
 59. (1) Furnittire and (2) %vearing apparel, &c. — sale thereof to the legatees. 
 
 60. Furniture (bequest of testor's household), &c. tohis ividoio absolutely, 
 
 except, &c. 
 
 61. (1) Furniture (sale of an intestate's), excluding, &c. 
 
 62. Heir-at-law : — Report to him as to (loith a schedule of) the intestate's 
 freehold property : — vide par. 95. 
 
 63. Insurance of intestate's leaseholds, he having failed to insure purstiant 
 
 to covenant : — 
 
 64. Investment (as to the) of (1) an infant legatee's share ; (2) on mort- 
 
 gage of an " annuity-fund " of =£500, pursuant to a trust for benefit 
 of testor's widow ; and (3) of the jjroceeds of sale of testor's free- 
 holds, &c.
 
 REPORTS (sOLICITOE's SPECIAL) TO BENEFICIARIES, ETC. 271 
 
 65. Investments (all authorised) on mort'^Mge by a life-tenant trustee. 
 
 66. Leasehold property held by an intestate, and burthened with an 
 onerous building covenant. 
 
 1. Lease (recital of the) thereof. 
 
 la. Covenant (recital of said building). 
 
 2. Sale (recital of an attempted) thereof by private treaty. 
 
 67. Leases granted by (a) admors and {h) exors i-espectively. 
 
 68. Leases {reneivals by exors of) granted by their testor. 
 
 69. Legatees' (infant) shares: — special circumstances connected there- 
 
 with. 
 
 70. Lessee's (1) tvill and (2) death : — recital thereof. 
 
 71. Letters of adman to an intestate's personal estate and effects : — 
 
 recitals of special circumstances connected therewith. 
 
 72. 4. (1) Loans by a testatrix to a residuary legatee, and (2) repay- 
 
 ment thereof. 
 
 73. 5. (1) Loans by a testatrix to a nejjhew (and residuary legatee), and 
 
 (2) agreement (ivritten) by him to execute, on demand, a mortgage of 
 his leaseholds to secure the amount. 
 
 74. 3. Loans (testor' s) to his children : — " Family arrangement deed " as to 
 
 (1) same, and (2) "an allowance" out of the estate to a sou who 
 had been disallowed any interest under the will. 
 
 75. 1. Loans (particulars of ) to a testor on a,n "equitable deposit" of title 
 
 deeds, &c. 
 
 76. 2. (1) Loans (testor's) to his children, and (2) latter's "admissions" 
 
 as to the respective amounts of their indebtedness. 
 
 77. 1. Marriage of testator's niece (a residuary legatee). 
 
 78. 1. Missing (a) son : — circumstances connected with his departure for 
 America. 
 
 79. 4. Mortgages (deceased's) : — special circumstances connected there- 
 
 with. 
 
 80. 2. Next-of-kin (an intestate's) : — particulars thereof. 
 
 81. 1. Notice given to exors to quit testor's farm. 
 
 82. Notice (as to (1) advertisements of a statutory) to Crs, pursuant to 
 
 22 3 Vict. 0. 35, and (2) the claims received in pursuance thereof, 
 
 83. 1. Notice to tenants of settled proj^erty of the appointment of a new 
 agent to collect the rents thereof. 
 
 84. 1. Payment of shares to legatees, &c. 
 
 85. 5. Payments (as to the several) by exors on specific a/cs. 
 
 86. 1. Payments to 3 life-tenants, (1) brother and (2) 2 sisters of 
 testatrix.
 
 272 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 87. Payments (schechde of) of an intestate wholesale tradesman's debts. 
 
 88. 2. Personal {copy statutory) estate ajc rendered by (a) an admor or 
 
 (6) exor to the Commissioners of Inland Revenue at date of applica- 
 tion for a grant of (1) Letters, &c., or (2) pbte of a will. 
 
 88rt. 1. Policy {an intestate's life) : — " Pi'ecaution " as to same. 
 
 886. 1. Power of attorney by an extrix to an agent to collect rents, &c. 
 
 89. 5. Poirer of attorney to (1) sell an estate in America, devised to 
 
 English devisees, and (2) resnlt thereof. 
 
 90. 3. Poiver {2nd) of attorney to sd appointee to sell residue of sd 
 
 estate. 
 
 91. 1. Probate {double) of a tvill .-—as to the grant thereof. 
 
 92. 1. Probate {limited) of a will : — as to the grant thereof. 
 
 93. 1. Probate {renunciation of) by tester's married daughter (extrix). 
 
 94. Property-account {exor's total expenditure on) since tester's death. 
 
 95. Real {an intestate's) estate: — Report to his heir-at-law (1) with 
 particulars, and (2) as to duly comptrolled succession duty a/c 
 thereof. 
 
 96. 1. Eealty {where testor did not die seized of any) : — statement thereof. 
 
 97. Realty {xvJiere there is no partnership) : — statement thereof. 
 
 98. Re-assignment {as to a) of mortgaged leaseholds. 
 
 99. Receipt {special) for compensation for damage to cottage property 
 caused by, and consequent uiJon "mining oijerations :" p. 259 (6). 
 
 100. Release {by an Admix to her Solr), in a special admon, &c. 
 
 101. 3. (1) Release to exors, and (2) Special Declaration oftrtist. 
 
 102. 1. (1) Release {gualified) of claims, and (2) Indemnity to exors on 
 an interim division. 
 
 103. Re-marriage of testor' s widow : — 
 
 104. Rents {collection of) of tester's (1) freeholds and (2) leaseholds. 
 
 105. 3. Residuary {special) accts : — special circumstances connected 
 therewith. 
 
 106. Residuary a'c {comptrolled) of the j^ersonal estate of an intestate 
 wholesale tradesman : — analysis thereof for d) perusal and (2) 
 approval by his admix. 
 
 107. 1. Residiiary legatees. 
 
 108. 3. (1) Retainers and (2) instructions to stie appointee (mentd in 
 par. 89), for unpaid proceeds of sale. 
 
 109. 3. Sale, by private treaty, of an intestate's business, through a 
 transfer agent. 
 
 109. 2/3. Sale {attempted, but abortive) of (1) leaseholds burthened 
 with an onerous building covenant, and (2) other leaseholds.
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 273 
 
 110. 12. SaJe, htj public aia'tioti, of (1) an American estate, devised to 
 ■ English devisees ; (2) apparel (wearing) of testatrix to legatees ; 
 
 (3) Copyholds ; (4, 5, and 6) Freeholds ; (7) Leasehold (testor's) 
 residence, and assignment thereof to pchr ; (8) Leaseholds (4 lots of 
 testor's other) ; (9) Real estate ; (10) Stock (farm) ; (11/12) Stock- 
 in-trade, &c. — Special circumstances connected therewith). 
 
 111. 2. Sale {attempted ^^ abortive") by public auction of (1) Leaseholds 
 (an intestate's) Inirthened with an onerous building covenant, and 
 (2) Leaseholds (testor's). 
 
 112. 4. Schedule of defendants agst whom writs have been issued for 
 recovery of outstanding debts : — information necessary therein. 
 
 113. 5. Schedules {special) : — cases wherein same are recommended. 
 
 114. 2. Settlement {1st) under which testor's leaseholds are acquired : — 
 recital thereof. 
 
 114a, Settlement {2nd) under which testor acquired a moiety of another 
 lot of leaseholds. 
 
 115. Surrender of a lease by a deced lessee's extrix to lessors. 
 
 116. Tenancy (as to letting testor's house for the residue of his) 
 therein. 
 
 117. 1. Tender (as to) of (1) ppal, (2) int, and (3) costs to mtgee's 
 solr. 
 
 118. 1. Valuation {as to a) of the fixtures, in and about demised works, 
 as between (1) a deced lessee's executrix, and (2) intending pchrs 
 thereof. 
 
 119. 1. Warniny to a Caveat, issued on behalf of 3 intended admors. 
 119a. 4. Writ of Summons issued, for an a/c, agst the appointee mentd 
 
 in par. 89 : — heads of claim thereunder 
 
 120. 2. Writ {sd) of Siims : — result of Agent's CoiTespondent's efforts to 
 serve same. 
 
 121. (1) Writs {as to) of Su^ns issued for recovery of o\itstanding book 
 debts owing to an Admix, and (2) information required for a Schedule 
 (to be kept by her Solr), where such a/cs are (a) complicated and 
 {b) numerous. 
 
 1 — Abstract {when an) of testor's will, &c., may be (1) annexed to, or (2) 
 incorporated %nih sd report : — in all cases wherein a copy of such 
 wl has not been previously supplied to f ach beneficiary. 
 
 la — Abstract {when it is unnecessary to set forth sd) : — where a copy has 
 been supplied as afsd, the only reference as to same, required in a 
 
 T
 
 274 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 report, is as follows : — " Testator, by his last will (and codicil, or 
 cdls, if any), a copy whereof has already heen supplied to each 
 legatee), apptd. Messrs. (names) exors thereof." 
 
 2 — (1) Accumulations (the) of dividends, interest, rents, &c., together with 
 (2) an account of payments thereout, and (3) deductions from the 
 residue of the testator's estate, are contained in the " Account- 
 book," now produced, marked " A," to be duly authenticated with 
 the signatures of (a) all the beneficiaries and (h) exors resjiectively. 
 
 3 — Administration to the share of a deceased residuary intestate legatee (a 
 widow), granted to her daughter: — Mrs. (^name) died on (date) a 
 widow and intestate, leaving (name of legal personal representative) 
 her surviving, who intends applying, in due course, for a grant of 
 letters of admon to the intestate's personal estate and effects, to 
 enable her to give the sd exors a vahd discharge for the ( ) 
 share payable to her under the sd will. 
 
 4 — Administration to the share of a deced residuary legatee (a married 
 woman), granted to her husband: — Mrs. (name) died on the (date), 
 leaving (name) her lawful husband and only next-of-kin her 
 surviving, and on (date) letters, &c., wei'e granted to him by the 
 District Registry attached to the Probate Division of Her Majesty's 
 High Court of Justice at (place). 
 
 5 — Administration to the 2)ersonal estates of a deceased (1) daughter and 
 (2) son (^residuary legatees) respectively : — The sd (name) died 
 intestate, leaving (a) his widow the sd (name) then (name), and (b) 
 2 children, namely (names), and (c) an infant posthumous child 
 (name), born on the (date), his only issue, and on (date) 
 letters, &c. 
 
 The sd (name) died a widow and intestate, leaving (No.) children, 
 namely, the sd (names), her only issue her surviving, and on (date) 
 letters, &c., to the sd (name) as one of tlie natural and lawful 
 children and one of her next-of-kin. 
 
 5a — (1) Advances to a son during an intestate^s lifetime; (2) statutory 
 provisions respecting same : — vide (1) " Administration," p. 2, par. 4, 
 sub-pars. 1/3 incl, and (2) pp. 56/7, par. 6, sub-jjars. 1 and 2. 
 
 6 — Advertisement for an alleged missing will ■ — It being supposed that 
 the deced had made a will (which could not be found after 
 his death), in or about (date), and was believed to have been 
 prepared by either a (town) or (town) solicitor, an advt was inserted 
 in (papers), containing (1) a formal notice thereof, and (2) that if 
 such was the fact, and such will was in the custody of any solicitor
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 275 
 
 practising there, he would obU<,'e liy forthwith comiuunicatiny witli 
 US. There were, however, no replies to such lulvts (or an the case 
 may be). 
 
 7 — Advertisement of saJe of an intestate's husi7ies8:— The following advt 
 was insi'rted in (2)aj)ers) : — insert a "newspaper cutting thereof" 
 The circumstances connected with (1) the negotiations for and (2) 
 ultimate sale of the (a) sd business, and (6) lease of the premises 
 Avhereat the same is carried on, are fully detailed in pp. 40 to 42 incl. 
 
 8 — Advertisement of sale by jxrivate treaty of a deced lessee's interest in his 
 business premises : — The executrix of the sd lessee (1) advertised the 
 said business for sale Ijy private treaty as a going concern, but, 
 being unable to sell same, her goodwill and interest in the sd lease 
 was (2) advertised for sale by public auction, and (3) ultimatelv 
 certain proposals for (a) a lease and (b) purchase of the fixed 
 machinery (made by Messrs. (names), as solicitors for and on behalf of 
 Messrs. (names), of, &c., to the solr for the sd lessee's extrix) were 
 accepted, and on (date) an agrt, &c. (vide par. 31, sub-jjar. 2, p. 208. 
 
 9 — Advertisement for one of testator's missing sons, supposed to be in 
 America: — (Name) , seconfli son of (wa?ue), late of, &c., deced, will 
 hear of something to his advantage by immediately applying to the 
 undersigned. He left (town) for New York in or about the spring 
 of (year), and has never since been heard of. If dead, information 
 wanted of date and place of death. 
 
 10 — Agreements connected with, and incidental to the following matters 
 viz. : — 
 
 1. Codicil (by Residtmry legatees to carry out testor's intentions under an 
 intended, but unexecuted) : — The sd testor had determined to make 
 (but never executed) a codicil to his sd will, whereby he intended to 
 give dfi to each of his grandchildren (names) on their resjiectively 
 attaining 21. The residuary legatees afterwards agreed that the 
 sd exors should, as soon as conveniently might be, pay out of the sd 
 testor's estate the legacies intended to be given by the sd codicil. 
 
 2. (1) Lease (for a), by his admor, of an intestate-tradesman's business- 
 premises, upon the terms particularly mentioned in pars. 3, 4,/). 40. 
 
 3. Lease (for a), by executrix, of testor's business-premises or irorks 
 granted before " The Settled Land Act, 1882." — An agrt for a lease 
 for a term of 14 yrs, at a yearly rent of =£ , of the sd works, with 
 the boiler-houses, workshop, offices, and other erections and 
 buildings standing and being thereon (commonly known l)y the 
 name of " Street Steam Saw Mills ") whereat the testor 
 
 T 2
 
 276 EEPOKTs (solicitor's special) to beneficiaries, etc. 
 
 formerly carried ou the business or trade of a Joiner, Builder, and 
 Timber Merchant, and were then in the occupation of the intended 
 lessee, whereby it was agreed (inter alia) as follows, viz. : — 
 
 1. That the lessor should sell to the lessee for £ , according to a 
 valuation made and taken by Mr. , of, &c., Ironfounder 
 (chosen on behalf of the lessor), and Mr. , of, &c., 
 Ironfounder (chosen by the lessee), the fixtures, engines, 
 machinery, utensils, tools, and implements used, or employed in 
 carrying on the sd business, upos the terms and conditions 
 t hereinafter mentioned. 
 
 2. That the amount of such valuation should be paid as follows, 
 viz., (1) one-half part thereof on (date), and (2) the balance on 
 (date), free from interest. 
 
 3. That the sd purchase-money should be secured by a Bill of Sale 
 of the sd fixtures, &c. 
 
 3a, Lease (Supplemejital agrt for a) hy sd executrix, &c., modifying 
 terms of 1st agrt: — On (date), the sd lessee failed (in consequence, 
 as he alleged, of the continued and great depression in the 
 building trade), to carry out his sd agrt to pay one-half of the sd 
 purchase-money, and upon carefully-considered instructions from 
 the sd extrix as tenant for life, fresh terms for payment of the sd 
 sum (which formed the basis of a supplemental agrt), were (a) 
 offered to, and (b) accepted by him, as follows, viz : — 
 
 1. The sd sum of <£ was to be paid by quarterly instalments of 
 £, , (1) first to be made on (date), and (2) on each succeeding 
 quarter, until the total should be fully paid. 
 
 2. One half sd purchase-money to bear interest at £5 p.c. p. a. 
 until payment. 
 
 3. In case (1) the sd 1st inst of £ , or (2) any subsequent 
 instalment, should not be punctually paid, the balance of sd 
 purchase-money thereupon to become forthwith payable. 
 
 4. The yearly rent reserved by the sd 1st agrt to be reduced to 
 £ , if the sd instalments should be punctually paid. 
 
 4. Lease of business-premises or works to j^urchasers of fixtures from 
 lessee's executrix : — On (date) an agrt for a lease of the sd miUs for 
 
 yrs from (date), subject to the lessee's power to determine same 
 at the end of yrs, at an annual rent of £ , payable quarterly, 
 was duly signed. 
 
 5. Poor-rate (agrt by an Executrix ivith the Overseers of the Poor to 
 compound for the) payable in respect of testor's " Cottage-property " —
 
 BEPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 277 
 
 Sd extrix, as owner of the sd rateable heredits (each dwelling-house 
 being of a rateable value not exceeding ^8), gave notice to the 
 Collector of sd rate (as assistant overseer), that " she was willing to 
 be rated for one year from the date thereof, and, after the expiration 
 of such term, until such time as she should give them notice in 
 ■writing of her intention to determine such agrt, in respect of all 
 such rateable heredits of which she was owner, and situate in the 
 parish, whether all or any of such heredits be occupied or not, and 
 request by her that they would duly act upon such notice in 
 conformity with the provisions of sect. 4 of 32/3 Vict. c. 41, entitled 
 " An Act for amending the law with respect to (1) the rating of 
 occupiers for short terms, and (2) making and collecting of the 
 Poor's rate," so that she might (a) be assessed thereto in respect of 
 the sd heredits according to the sd agrt, and (b) allowed an abate- 
 ment or deduction of 25 per cent, from the amt of such rate during 
 the time that she is so rated. 
 
 6. Sale {agrt for) hy an admor of an intestate-tradesman's business: — 
 vide " Administration" pp. 41/2, pars. Q to 1\ inch 
 
 7. Will {agrt or ^^ declaration" by residuary legatees as to their brother's 
 restricted interest or share under their late father's) — 
 
 The sd legatees agreed in writing that (1) the sd sum of £ 
 mentioned in the sd will should be paid to the &d {name) imme- 
 diately, and (2) the trusts of the sd fund thereby declared should 
 be void, and (3) that he should be absolutely and forthwith entitled 
 to one equal share of the testor's estate, without any con- 
 
 dition or restriction -whatever. 
 
 11 — Appearance {an) was entered on this date by Plaintiff to a Warning 
 {issued on behalf of the Admors), to a " Caveat" (entered by the sd 
 intestate's eldest son against a grant of Letters, &c.). 
 
 11a — Application to an Appointee, under a Poiver of Attorney, for a 
 detailed account of the proceeds of an estate in America, sold by him : 
 — A formal written appln, detailing the facts before mentioned, for 
 a detailed acct or statement of the sd (1) receipts and (2) payments, 
 for perusal and appruval, or otherwise, was sent by me to the sd 
 appointee on this date, to enable me to {a) submit same to and 
 (6) advise the exor — appointor thereon. He, however, failed to 
 render the sd a/c. 
 
 12 — Application {Sup2^lemental and final) to sd Appointee's former 
 Solicitors therefor — An appln was also made to Messrs. , 
 
 who prepared the alleged mortgage, or security (upon which they
 
 278 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 stated the sum of £ had been invested), for (1) full information 
 as to its exact nature, and (2) an attested copy thereof, but they also 
 failed to render same. 
 
 13 — Application {result of appointor's Solicitor's joxirney to Ireland to 
 " interview" the apj^ointee respecting the said " abortive"), &c. — 
 
 In accordance with the said instructions (^vide par. 108) I forthwith 
 jji'oceeded to Ireland, and on inquiry at was informed by 
 
 the sd appointee's wife that he had only days previously 
 
 left home, with the intention of (1) waiting upon me respecting my 
 sd appln, and (2) delivering up the required draft. This statement 
 afterwards turned out to be false, and had evidently been made to 
 disguise his movements, in order the more readily to facilitate his 
 preparation for a final dejjarture without rendering any a/c what- 
 ever. 
 
 14 — Application to an intestate-tradesman's Creditors for detailed parti- 
 culars of their claims, to enable the then intended admor to claim a 
 deduction of debts — In consequence of the (1) sudden death of the 
 intestate, and (2) urgent necessity for an immediate appln for a 
 grant of Letters, &c., each Cr or Merchant with whom he had 
 traded was applied to to forward forthwith (for the purpose afsd), 
 particulars of any claim he might have against the estate. 
 
 15 — Appointment by an acting Exor and Trustee of S additional (in place 
 of disclaiming) Trustees. 
 
 1. The sd continuing trustee of the sd will, in exercise of the power 
 vested in her for that purpose by statute, by indenture of this date, 
 (1) appointed (names) to be trustees and exors of such will in 
 place of the sd (names), and (2) they consented to such appt 
 accordingly. 
 
 2. By the same Indre testor's freehold, leasehold, and other pi'operty 
 became vested in the sd appointees in manner therein mentioned 
 jointly with the appointor. 
 
 16 — Appointment of new Trustees of a first Settlement in place of a deced 
 Trustee : — By ajjpt, endorsed on the first settlement, the sd testor, 
 in pursuance and exercise of the power for that purpose vested in 
 him by the joint operation of (1) 23/4 Vict. c. 145, (2) sd settle- 
 ment, and (3) all other powers (if any), him thereunto enabling, 
 appointed (names) trustees (who consented) of the latter, in place 
 of the sd {name) deced. 
 
 17 — Appjointment by a surviving Trustee of new Trustees under a will: — 
 By indre of this date the sd (appointor), in exercise of the power
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 279 
 
 for that ]>urpose given to liim by tlie sil will, thorcliy (1) appointed 
 the sd {apjwi/ifeeK) to be trustees of siu-h will in jtlace of (a) the sd 
 (name) deced, and (6) himself, and it was by the sd indre dechired 
 that the sd apjjointees, their exs, ads, and assns, should stand pos- 
 sessed of and interested in the sd sum of £ , to be transferred 
 into their joint names, upon (1) the trusts, and (2) with and 
 subject to the powers and provisions upon, with, and subject to 
 which the same ought to be held under the sd will. 
 
 18 — Assignment hij Exors of a deced partner of his share of partnership 
 assets to surviving partners, who purchase tinder a power in the part- 
 nership Articles or deed — In (a) further pursuance of the sd pro- 
 visions in that behalf, and (6) consideration of the premises, each of 
 the sd exoi-s, by an indre of this date, (1) assigned and released unto 
 
 , the sd surviving partners, their exs, ads, and assns, All the testor's 
 estate, share, and interest in (a) the sd premises, (&•) good-will 
 thereof, and (c) stock-in-trade, moneys, credits, and effects belonging 
 thereto, as jjart of their partnership estate and effects, and (2) 
 released them, and each of them, and (3) each of the latter thereby 
 released (a) each of the sd exors and (b) also the testor's estate and 
 effects of and from all (1) agreements and provisions contained in 
 the said articles of partnership and (2) actions, claims, and demands 
 in relation to the sd late partnership. 
 
 19 — Assignment, by Trustee under hanhruptcy of one of testor's sons, of 
 latter' s share of an " annuity -fund " of .£500, invested for benefit of 
 his mother: — By assignment of this date, male between (name), 
 trustee of the estate of the sd (son), a bankrupt, of the one part, 
 and (name) of the other part, all the bankrupt's estate, share, and 
 interest under the sd will, expectant on the decease of the sd 
 (mother), to which the sd truste? was then or thereafter might be 
 or become entitled of and in the (1) sd sum of £ , and (2) 
 investments representing the same, and (3) income thereof, became 
 and were assigned unto the sd (assignee) absolutely. 
 
 20 — Assignment to a Lessee, by an Executrix, of fixtures and machinery at 
 testor's works. — By indre of this date, in conson of the sd sum of 
 £ to the sd extrix paid bv the sd lessee, she thereby assigned 
 unto him, his exs, ads, and assns, absolutely, for his and their own 
 use and benefi*^, all and singular the fixtures, engines, machinery, 
 utensils, tools, implements, articles, and things specified in the 
 Schedule thereunder written, in order to show on the face thereof what 
 belongs to such assignee.
 
 280 EEPOETS (solicitor's special) to beneficiaries, etc. 
 
 N.B. This ass at {as advised by Counsel) was (1) treated as in 
 conson of money paid, and (2) the purchase-money secured by the con- 
 temporaneous mortgage specified in sub-par. 6 (1-4), 209. 
 
 21 — Assignment (by lessee) of the Lease (specified in page 208) of an 
 intestate's business pjreniises, icith the consent of his Adrnor, as Lessor. 
 — The sd lessee (1) subsequently agreed to sell liis interest as 
 such under the sd lease to (name), and (2) the lessor consented to 
 such assnt, as testified by his execution thereof. 
 
 22 — " Audit '^ of partnership books, &c., epitome representing (a) the special 
 course adopted with reference thereto, and (b) result thereof — vide 
 " Parijiership," App. P., par. 2, suh-pars. l-it, pp. 254-5. 
 
 23 — Balance (as to) owing to exor where testors estate proves insolvent — 
 The balance still owing to me amounts, including (1) the interest 
 and (2) legal expenses of and incidental to the said matters» 
 to^ . 
 
 24 — "Balance-Sheet'^ rendered to Next-of-Kin or Residuary Legatees a 
 reasonable time before a final distribution : — 
 
 1. The balance-sheet hereuaito annexed (or hereinafter set forth, as 
 the case may be), shows exactly the several amounts payable to each, 
 beneficiary, or 
 
 2. The several (1) amounts ali-eady paid, and (2) balances now pay- 
 able to the resijcctive beneficiaries, are set forth in the '* Balauce- 
 Sheet " left herewith for their (« j perusal and (b) approval. 
 
 25 — " Banking- Accounts" — 
 
 1. Testor's a^c with Banking Co. Limited, Branch, 
 showed a balance of £ therein at his decease, which, with the 
 foUowiug items (^specify same), make up the balce of £, 
 carried forward to the executorship-a, c, under date (flate). 
 
 2. The folloicing is an abstract of testator's " deposit-a^c" at the 
 Bank. — Bank in a'c with the Exors. 
 
 1. Br. (date) — Balance of a c transferred on (date). 
 
 2. Cr. (date) — Balance transferred to their (jiame) Branch. 
 
 3. Balance in the Bank on (date), as per the Pass-book now 
 produced. 
 
 26 — Banking-ajcs (new) opened by Exors ivith (name) Bank. 
 
 1. Opening thereof on (date), when a balce of £ was brought 
 forward. 
 
 2. Deposits (the subsequent) amounted to the sum of M 
 
 3. Interest on a c-ciirrent from (date) to (date) — £, 
 
 4. Withdraicals by Exors between the sd dates — £
 
 REPORTS (SOLICITOK's bl'liCIALj TO BENEFICIA11IK8, KTC. 281 
 
 2. BaitliiiKj a c No. 2 — special circiiiiisfances connected therewith. 
 
 1. Opt'iiiihj thereof on (date) by a deposit therein of £ 
 
 2. Deposits {subsequent) — none. 
 
 3. Interest on a c-ciirrent up to (date) — £, 
 
 4. (1) Wiihdrairalsand(2) ejjienditure thereout bij exors in resitect oi 
 the (rt) cost of the ujiauthorised conversion of a shippon and barn 
 into 2 cottages and a new shippon, and (2) maintenance oi the sd 
 hfe-tenant- — £, 
 
 5. Closed (the said a c was ultimately) on the (date). 
 
 3. Mr. (name of a beneficiary) contended that from the way the 
 life tenant (testor's widow and exors' mother was kept the 
 (1) interest of the personalty and (2) rents of property would have 
 been more than sufficient to have maintained her. 
 
 4. Between (dates) the said exors borro»vedfrom Mr. (nai)ie) £ , to 
 enable them to maintain her, wdiich, together with iut thereon 
 (£ ), was repaid on (date) out of the amt so withdrawn 
 
 5. Withdrawals and expenditure by the sd exors are shown in 
 sub-par. 2 (4). 
 
 27 — Bond by surviviny partners to a deceased partner s exors, to secure his 
 share of the partnership assets : — 
 
 1. In further pursuance of the sd provision in that behalf the sd 
 surviving partners gave and executed to the sd exors their joint and 
 several Bond of this date in the penal sum of £ , subject to a 
 condition therein for making the same void upon payment by (1) the 
 former, or (2) either of them, their or any of their hrs, exs, or ads, 
 unto (a) the sd exs, or (b) the survor or sarvors of them, or (c) 
 testor's other legal personal representative for the time being, of the 
 sd sum of £ , by such instalments, and with such int thru as afsd, 
 and upon the sd surviving partners, their hrs, exs, and ads, 
 indemnifying (1) the sd exs resply, and (2) their respective hrs, exs, 
 and ads, and (3) all and singular the testor's estate and 
 effects from and against all (a) debts and liabilities what- 
 soever of the sd jnirtnership bnsiness, and (b) actions, suits, 
 expenses, claims, and demanos in respect or on a/c thereof. 
 
 2. The sd Bond declared and provi'ied that in case sd testor's legal 
 personal repres for the time being should be willing to accept 
 such payment, the sd surviving partners, their hrs, exs, or ads might, 
 if they thought proper, pay (1) all or (2) any part of the moneys 
 intetided to be thereby secured at an earlier time or times than 
 hereinbefore fixed for payment thereof.
 
 282 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 28 — (1) Cases for the opinion of Counsel, and (2) abstracts thereof. 
 
 1. Admon ("Caveat" by eldest son against a grant to his 3 brothers 
 of Letters of), etc., to the personalty of their father (cin intestate trades- 
 man). A Case, containing all the facts connected with the 
 intestate's affairs, was submitted for the opinion of Counsel 
 (Mr. ), as to the (a) rights and (h) remedies of the sd appli- 
 cants, who advised, in effect, as follows, upon the various points 
 contained therein, viz. : — 
 
 1. Action — that it was not a case for a c, as there was no issue to try. 
 
 2. Admor (selection of an) — that same was a question (as it arose in 
 vacation) for the " Vacation-Eegistrar's " discretion. 
 
 3. Fitness (the question became one of) — the question of 
 
 4. Priority of relationship of respective ajjplicants to intestate : — was 
 uncontested, as they were all (daughters and sons) in an equal 
 degree of relationship. 
 
 5. Promptitude in deciding question of fitness was vital to the interests 
 of all concerned in carrying on the intestate's business. 
 
 2. Farm (an agrt for the lease of a) formerly tenanted hy testor — as to 
 the respective (a) rights and (b) remedies of the paiiies thereunder : — 
 1. Circumstances connected therewith : — On this date an agrt was 
 
 entered into by (name), of, &c., as agent acting for and on behalf 
 of (names, addresses, and descriptions), devisees in trust under the 
 will of the late (name), to let the sd farm to testor for one year, 
 commencing as follows, viz. : — 
 
 1. Arable (as to) land : — from the 2ud February then next. 
 
 2. Honse (as to the farm) , field (being the outlet), garden, orchard, 
 and outbuildings: — from 12th May then next for (1) 1 yr 
 resply, and (2) thenceforth from yr to yr, until the tenancy 
 should Ije determined by 6 mos' notice, subject to the terms and 
 conditions therein mentioned. 
 
 3. Meadoiv (as to) land : — from 25th December then last past. 
 
 4. " Outlet " (as to the) : — vide sub-par. 2. 
 
 5. Pasture (as to) land : — from 2nd Feljruary then next. 
 
 2a. Notice was given on this date to the exors to quit the sd fann, 
 
 3. (1) Correspondence (purport of) with landlords' agent as to intended 
 sale by exors of the farm-stock, and (2) result thereof. 
 
 1. The exors, being unwilling to take the sd farm at the increased 
 rent demanded, (1) decided to sell the stock by public auction, 
 and (2) bemg anxious to (a) comply sti*ictly with the sd agrt, and 
 (b) adjust all restrictions, if practicable, with the landlords' agent
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIAKIK8, ETC. 288 
 
 ami solicitors, instructed me to iiniuiro if (in 1 lie face of such 
 agrt), any restrictions would bo placed uj^on them in their disjtosai 
 of it, having regard to the 7th clause thereof, which jtrovided as 
 follows : — " No straw, hay, mangolds, turnips, or manure sliall be 
 
 (1) carried off the farm or (2) sold, unless by permission of {a) 
 the landlords or {h) their agents." Accordingly 
 
 2, Application was made to the sd agents to concede as much as they 
 consistently could to enable the exors to realise the full benefit of 
 the said stock. 
 
 3. Agents' reply thereto : — (1) that the hay, mangolds, straw, and 
 turnips must be t-old to the inoooiing tenant, and (2) manure 
 could neither be (a) removed nor (h) sold. 
 
 4. Sale hy auction of sd farm-stock : — The incoming tenant attended 
 thereat, and informed the (1) ai ctioneer and (2) exors that (a) he 
 did nor; wish to purchase the sd straw, &c., and (b) same might be 
 sold by auction. 
 
 5. " Dernier ressorf : — Nothing further ti-anspired, and I ultimately 
 asked for a reply to my letters " if the exors were at liberty to dispose 
 of the unsold produce (consisting of about (1) tons of hay, (2) 
 
 tons of mangolds, and (3) tons of straw (part having been 
 
 sold and delivered, all the turnips having been sold), and the 
 manure, of course, left, but the sd 
 
 6. Solicitors positively declined to make any concessions whatever, and, 
 in consequence of my fruitless efforts to effect a compromise with 
 them, it was prudent, as a precautionary measure, to submit a case for 
 counseVs opinion, to advise upon the following points, viz. : — 
 
 1. If the said exors could legally dispose of such produce, upon the 
 sale of which the sd agents had imposed restrictions, and 
 
 2. The rights and remedies of the sd several parties, and 
 
 3. Grenerally and fully on the case, and the best course of action to 
 be adopted, under the special circumstances. 
 
 7. Opinion (abstract of counseVs) upon the said case : — 
 
 1. Breach (exors cannot (1) sell and (2) remove without a) 
 of agrt, the damages for which (if I am right as to the point 
 advised upon in sub-par. 3) would be not much more than 
 nominal, and 1 should, therefore, advise the exors to (1) sell and 
 
 (2) run the risk. 
 
 2. Custom (if there is any) for landlord to pay for (1) fodder and (2) 
 manure left on the farm, same would apply, as it is not excluded 
 by (but on the contrary makes) the agrt more intelligible.
 
 284 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 3. Custom {if there is no such) it is extremely difficult to determine 
 effect of agrt ; but I do not think that it passes any property in 
 the hay, &c., to the (1) incoming tenant or (2) landlord ; hay 
 could not he used without being paid for. 
 
 4. Damages {measure of) for breach of sd agrt : — vide sub-par. 1. 
 
 5. Bisk (the exors should run the) by (1) removal or (2) sale of the 
 sd produce. 
 
 3. Lease (a farm), &c. — vide sub-par. 2. 
 
 4. Mortgage (as to a) of leaseholds, and the rights and remedies of the 
 
 several parties thereunder : 
 
 , Mortgage (the testor on this date executed a) of (description of 
 
 premises) to the Trustees of the {name) Permanent Benefit 
 
 Building Society for securing M and int. 
 , Amount payable thereunder (for redemption thereof) at his death 
 
 teas £ ,made up as follows, viz. : — (1) amt due, £ ; (2) fines, 
 
 d£ , and (3) redemption. 
 . Redemption by Solr for and at the request of the exors, in order 
 
 to facilitate the -winding-up of testor's affairs. 
 . Mortgage (testoi-'s) on this date of his equity of redemption in sd 
 
 premises to (name), to secure (1) the balance of an a/c-current 
 
 for goods sold and delivered, and (2) int thereon at £,b p. c. p. a. 
 . Mortgage (special circumstances connected with sd) of equity, &c. 
 
 1. Appln (letter of) by sd equitable mtgee (through his Solr) for 
 payment of £ , claimed to be due and owing to him, as per 
 the annexed Cash-a c. 
 
 2. Indebtedness : — only the 1st item of sd Cash-a c is admitted. 
 
 3. Disputed (circumstances connected with the remaining) items: — 
 2«c7. — With reference to this, the exors allege that the testor, on 
 his death-bed, stated that all interest had been paid up to 
 (date), and, under these circumstances, it would appear that the 
 sd mtgee claimed 1 yr's int in excess of the amt actually due. 
 3rfZ. — With reference to this, the exors (1) have no information 
 whatever, and (2) are not aware that the amt is owing. 
 
 4. Particulars (appln for), &c. — In consequence of the exors 
 inability to give me any definite information thereon, I applied, 
 on their behalf, to (name), the Solr for the sd mtgee, to fiirnish 
 me with detailed particulars of his alleged claim, to enable me to 
 (1) submit same for their perusal and cons. deration, and (2) if 
 approved, pay same in due course.
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, KTC. 285 
 
 5. Tender of ami to sd SnJr, when it was found tliat lie had 
 (ro<,'ardloss of all cireuinstancfs and fouseijiiouces) , adopted the 
 following very sharp and .summary course, viz. : — 
 
 1. Advertised the mortgaged premises for sale by public auction, 
 by the mortgagee's order. 
 
 2. Notice ((liven) to the tenants thereof to hereafter pay their 
 rents to (1) the mtgee, or (2) his duly authorised agent, and 
 
 3. Writ {issued a) agst the exors for recovery of the sd claim. 
 
 6. Case, &c. — In consequence of (1) the very complicated jjosition 
 of the matter, and (2) the foregoing harsh and unscrupulous 
 procedure, it was deemed advisable to submit a Case thereon 
 for the Opinion of Counsel as to the respective rights and 
 remedies of all parties concerned, and he, in effect, advised as 
 follows, viz. : — 
 
 7. Opinion : — (1) Exors (the) only practical remedies, to stop the 
 mtgee, are as folio ivs, viz. : — 
 
 1. (1) Tender (a fresh) of the principal to be made, together with 
 (2) an intimation that the exors would pay a reasonable 
 sum for all charges properly incurred by the mtgee of and 
 incidental to the (a) sd advertisements, and (b) writ issued 
 to enforce his claim (a detailed Bill of ivhich sd Solr miist 
 be requested to forthivith deliver, for perusal and approval, 
 before payment) . 
 
 2. Tender (to afterwards) him a reasonable sum for sd costs. 
 
 3. Tender (remedies in the event of a mtgee^s "persistent proce- 
 dure " after a proper). 
 
 Writ (a) may be issued agst him l)y the exors, for the following 
 objects, &c., viz. : — 
 
 1. Account (to have an) taken of what is due on the said mtge. 
 
 2. Injunction (for an) restraining a sale by him. 
 
 3. Redemption of sd property : — he may, in a proper case, be 
 
 (1) charged with, or (2) deju-ived of his costs of a 
 " redemption suit." 
 
 7a. Opinion (continued) — Mortgagee's (sd) rights and remedies — 
 
 1. Assuming (1) sd 2nd mtge to be in the ordinary' form, and 
 
 (2) that the time for payment of the ppal has passed, tlie 
 mtgee may (a) sell, and (b) take other proceedings for 
 recovery thereof , if he has no scruples aliout acting harshly. 
 
 2. Subject (the exors can only offer the property for sale) to sd 
 2nd mtge.
 
 286 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 8. Tender (re) of (1) pjxd., (2) int., and (3) costs — Pursuant to 
 Counsel's recommendation, the amt was re-tendered to sd solr, 
 and the matter ultimately settled. 
 
 5. PartnersJiijj {iqjon certain speciaJ points connected with (a) result of 
 ''aiidit" of) hool-s, and (h) cotirse adopted with reference thereto, as 
 between (1) exors of a deced jjcirtner and (2) survivincj ijartners — vide 
 App. P., par. 2, suh-pars. l-4<, p)p- 254-5. 
 
 6. Settlement {opinion npon a proposed, hut unexecuted), vesting 2;'3rf7s 
 of an intestate's personalty in trustees for the benefit of his infant 
 children: — vide ^^Administration," pp. 44/5, par. &a, sxih-pars. 
 lto7 inch 
 
 7 . Will (rt) executed in America. — American (abstract of an) CounseVs 
 opinion as to exors rights and remedies, &c., agst the appointee under a 
 Power of Attorney for the sale of an estate there (referred to in 
 pars, llcf, 12/13). 
 
 1. A. B., of, &c.. United States of America, executed his will, 
 whereby the proceeds of sale of his estate there were left to his 
 (1) sister and (2) niece resident here. 
 
 2. Case (under special circumstances that arose after testor's death, 
 it became necessary to submit a) for the opinion of Counsel 
 conversant with American law respecting the exact rights of the 
 sd 2 residuary legatees under the sd will, and he advised, in 
 effect, as follows ; — 
 
 1. Loidsiana (*/ the property be in), the position of the matter 
 is practically identical with that as hereinafter stated in sub- 
 par. 2. The devise (being absolute and unconditional) would 
 (1) be construed as a gift to " the separate use " of the 
 devisees resjjly, and (2) each would have the following rights 
 therein, viz. ; — 
 
 1. Control (exclusive) and enjoyment of her share of the pro- 
 perty. 
 
 2. Disposition (absolute power of) thereof. 
 
 3. Husband (her) could not, in any way, charge or incumber, 
 or make it liable for his debts, 
 
 2. Mississippi (if the prop>erty is situate in), the law of that State 
 gives it absolutely to devisees for their separate use, whether {a) 
 the devise is so expressed or not, and (b) whether under coverture 
 or not, each has the following rights, viz. : — 
 
 1. (1) Control (absolute and separate) and (2) use thereof in 
 every respect.
 
 REPORTS (sOLICITOlt's SPECIAL) TO BENEFICIAUIES, ETC. 287 
 
 2. (1) Disposition (absolute) and (2) t'lijoyment of the (a) 
 corpus and (h) income respectively. 
 7a. Will (sd) exeouted in America. 
 
 1. Case ((f) has heen sul»nutti'd for Counsel's opinion as to tlie 
 
 folio win t^' matters, viz. : — 
 
 1. Appointee's (the sd defaulting) obligations. 
 
 2. Exor's (the sd) rights and remedies against him. 
 
 3. (1) G-enerally (to advise) and (2) fully, and the best course 
 of action, or 
 
 4. Procedure to be adopted under the special circumstances. 
 
 2. Opinion (abstract of CounseVs) thereon — 
 
 1. Account (an) of his dealings and transactions : — As the sd 
 appointee was the agent of {names) as principals, (1) 
 latter, or (2) their repres can (a) call upon him to furnish 
 an a/c, and (2) if he fails, or (3) refuses to do so, an a/c may 
 be commenced agst him therefor, in (a) the Chancery 
 Division, or (b) the Lancashire Chancery Palatinate Ct, if he 
 is resident within the jurisdiction of the latter, or (c) if out 
 of their jurisdiction, and (d) within that of the Irish 
 Chancery Ct, a writ should be forthwith issued agst him 
 therein. 
 
 2. " Bolts " {if he gets over or) to America (1) before pro- 
 ceedings are taken, and (2) intends staying there, pegs for 
 an account will have to be taken there. 
 
 3. Demand (in the meantime) from him, delivery up of (1) the 
 deeds relating to his alleged investment, and (2) sd draft, 
 illegally detained by him. 
 
 4. " Ne exeat regno " — said writ can be applied for, if it can be 
 shown that he intends leaving Ireland — vide j>«r. 51 (" Mis- 
 cellaneous^'). 
 
 29 — Caveat {"abandonment" of a) against probate of a ivill : — A caveat 
 ■was (1) lodged on behalf of {name) agst pbte of the sd will, in the 
 sd Registry, but (2) abandoned on {date), the "caveator's" Solr 
 threatening to compel the sd exor to prove it in " solemn 
 form." 
 
 ^Q— Caveat {Deffs Summons fo {1) abandon) and (2) for grant :— A 
 summons was issued (as advised by Counsel) on Ijehalf of the 
 Admors, as defts in the sd action, calling upon the jdt to attend 
 the Vacation Registrar, at the Principal Registry, on {date) to show 
 cause why : —
 
 288 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 1. Contentious proceedings therein, arising from sd caveat, should 
 not he discontinued, and 
 
 2. Letters, &c., granted to the sd defts, if entitled thereto. 
 
 31 — Caveat — The following grounds of objection to the pit as admor wer 
 relied upon, viz : — 
 
 1. Cashier (that the sd had acted as the intestate's) for a 
 period of yrs, during which he had beeu (1) fully conver- 
 sant with all his business transactions, and (2) acquired a complete 
 knowledge thereof ; 
 
 2. Experience (that he had had no) in the management of the intestate's 
 works ; 
 
 3. Experienced (the appt of a person or persons fully conversant with 
 or) in the business, to (1) cai'ry it on and (2) administer his estate, 
 was most important in the interest of such estate. 
 
 32 — Chief-Rents issuing out of property in Ireland, payable to testor's 
 estate : — - 
 
 1. (1) £ per annum, payable under a Fee-farm grant of (date), 
 by Mr. (name), of, &c., and (2) £, (or thereabouts) per annum, 
 by the rej^res of the late Mr. 
 
 2. Value thereof: — Messrs (names) state (1) that the sd rents are well 
 secured, and (2) that farm -head rents of this class are generally 
 valued at about to yrs' purchase in Ireland, and 
 (3) that, in each of these cases, the exors would have to make out a 
 title, the (a) costs incidental to which, and (b) selling by auction, 
 should be taken into consideration. 
 
 3. Freehold (property of this kind being regarded as) is not returned 
 for pbte. 
 
 4. Arrears, &c. — At his death there was Jl due for arrears of rent, 
 and as (name) affairs are being administered in the Chancery 
 Division of the High Court of Justice, the interest of the sd repres 
 having been sold, a claim was, in due course, sent by Messrs. 
 
 into the Chief Clerk's ofl&ce for the sd amt. 
 
 5. Receiver thereof — The sd rents are still unsold, and the same are 
 being received by (name), of, &.C., as agents for and on behalf of the 
 sd exors. 
 
 33 — "Claims" ( partictdars of) delivered pursuant to a statutory 
 notice to Crs. — The claims, debts, and demands delivered pursuant 
 to such notice have been (1) duly paid, and (2) are set forth in 
 the 1st part of the 2nd Schedule hereunder written (or as the case 
 may be).
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 289 
 
 33a — " Compromises vnth (left's under writs of summons: — 
 
 A, 1. Writ of Summons issued for £ , less a contra a 'c of £ for 
 (state nature of claim). 
 
 2. Acceptance of service thereof, and (2) undertaking to appear 
 thereto. 
 
 3. Authority bv admix to me to accent £ , in settlement of debt 
 and costs. 
 
 B. 1. Writ of Summons issued for £ . 
 
 2. Settlement : — the a/c was compromised by acceptance of £ in 
 settlmt of debts and costs, after a very careful investigation of the 
 deft's receipts with the papers in my possession. 
 
 34 — Conveyance of freeholds to a trustee for testor's eldest son, as directed 
 by his loill, after advertisements for a missing son, supposed to be in 
 America, but toho could not be found : — (1) No intelligence having 
 been obtained concerning the sd (name) by the sd trxxstees, and (2) 
 more than 6 calr mos having expired since testor's death, they, in 
 execvTtion of the trust for that purpose contained in the sd will, 
 granted all and singular the sd 4 messuages, &c., unto a trustee 
 and his hrs to the use of the sd (name) his hrs and assns for ever 
 absolutely (whereby he ivill hereafter be enabled to make a good title 
 to a pchr). 
 
 35 — Conveyances of testor' s freeholds to the respective purchasers thereof. 
 By conveyances of this date, the sd trustees conveyed the sd several 
 lots unto the sd pchrs, to hold same unto and to their use in equal 
 shares, as tenants in common in fee simple. 
 
 36 — (1) Damage to property at, &c., and (2) Settlement of claim therefor — 
 
 1. Investigation (after a very careful) into the cause of the damage to 
 the above property, with the aid of " reports " thereon, obtained from 
 Messrs. (builders and siirveyors employed to inspect the 
 state thereof on behalf of the estate). 
 
 2. Estimate (an) to cover the amt of damage done up to (date) was 
 obtained, made up as follows, viz. : — vide "Damage, rfr.," page 201. 
 
 37 — Death of a life-tenant : — Testor's widow (tenant for life) died on this 
 date. 
 
 37a — (I) Death (testor's), and (2) pbte of his will by surviving exors: — 
 The sd testor died, without having revoked or altered his sd will 
 and the same was on (date) (or afterwards duly) px'oved and regis- 
 tered in the District Registry attached to the Probate Division of 
 Her Maj-^sty's High Coui-t of Justice at by the sd (nanus), 
 
 as surviving exors thereof, the sd (name) having died in the mouth
 
 290 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 of last without having intermeddled in the trusts of the sd 
 
 will. 
 S7b — (1) Death (testor's) and (2) phte of his will by his widow alone 
 
 (power being reserved, &c., therein). — The sd, &c. (vide par. S7a) at 
 , by his widow (one of the sd exors), power being reserved 
 
 of making the like grant to the other (No.) exors (names). 
 38 — Death of testor's niece testate : — The sd (name) died on this date 
 
 without having revoked, &c. — vide par. 37(1. 
 39 — Death of testor's sister intestate, &c. — The sd (name) died on this 
 
 date, (1) int^.'state, (2) without having received the full amt of her 
 
 share under the sd will, leaving (name) her lawful husband her 
 
 surviving. 
 39a — Death of a trustee: — The said (name) died on (date). 
 40 — Debts (payment of) out of testors personalty : — The sd exors, shortly 
 
 after testor's death, (a) possessed themselves of his personal estate, 
 
 and (b) thereout paid all the folio ving, viz. : 
 L Debts (his^), so far as they have come to the exors' knowledge, in 
 
 pursuance of the request contained in the sd statutory notice to Crs. 
 
 2. Duties on the legacies specified in the sd cash-a'c. 
 
 3. Executorship exps of and incidental to the carrying the trusts of his 
 will into execution, i.e., their management, realization, and distribu- 
 tion of the estate. 
 
 4. (1) Funeral, and (2) " testamentary " exps (latter comprising those 
 incurred in obtaining a grant of pbte of the sd will). 
 
 5. Legacies (the) bequeathed by the sd will. 
 
 6. After ivhich payments there remained in their hands a balance of <£ 
 41 — Debts (mode of appropriation of hook) collected : — The amts received 
 
 on account thereof have been appropriated by the exors in reduction 
 of the amt paid by them in respect of the sd mortgage-debt and 
 interest thereon (or as the case may be). 
 
 42 — Debts (schedule of) owing by an intestate : — vide p. 43, j)ar. C. (3). 
 
 43 — Debts (payment by admor, out of his own funds, shortly after intestate's 
 death, of latter s), subject to a discount of 10 p.c. therefrom. 
 
 As the estate could not (in consequence of (1) its magnitude, and 
 (2) the many complicated circumstances wherewith it was sur- 
 rounded), be fully realised for a considerable time, and, under these 
 circumstances, there being no sufficiently available funds for payment 
 of the intestate's accounts before the expiration of the usual period 
 (12 mos) allowed for payment thereof, and as the admor did not 
 wish to defer payment until then, provided the Crs would allow a
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 291 
 
 liberal discount (say 10 i).c.) for cash forthwith, payable (if he 
 found it worth while to avail himself of any abatement they 
 might be pleased to make) out of his own funds, and he to be 
 recouped out of the 1st available assets, to enable him to close the 
 intestate's affairs as far as praeticable. the admor (1) consulted me 
 with reference to the outstanding trade-a'cs owing by the intestate 
 at the date of his decease, and (2) instructed me to lay before his 
 Crs the full facts relative thereto, and the sd proposal was sub- 
 mitted for their consideration. 
 
 I accordingly addressed a circular letter to each Cr (without 
 prejudice), detailing the facts, and asking them to inform me, at 
 their early convenience, of their decision resj)ecting same. 
 
 44 — Debts (special circumstances connected with an intestate's hook) — 
 vide "Administration," jjp. 43/4, par. C, suh-pars. 2 to 5 inclusive. 
 
 45 — Debts (exor's inability to forthwith ptay the testor's). 
 
 1. In consequence thereof, it became necessary to send to each Cr, for 
 consideration, the following, viz : — 
 
 1. Account (a detailed) of the tester's personal estate, together 
 with a 
 
 2. Report (Special), embodied in a circular letter (a print of which 
 is hereunto annexed), as to the exact position of the estate, and 
 containing a 
 
 3. Request for fuHher time for payment of their claims, until the exors 
 have had an opportunity of realising a portion thereof wherewith 
 to pay (vide "Letters''). 
 
 2. Supplemental (a) circular letter ivas sent to several Crs who had 
 failed to reply to the 1st one — " vide Letters." 
 
 46 — Debts (Crs agrt to v)ait a yr for payment of their respective), to 
 enable the exors to carry out the arrangements contemplated l>y 
 the sd " Report." The exors are now making strenuous efforts to 
 realise sufficient, in the meantime, to pay the said claims in due 
 course. 
 
 47 — Declaration by remaining residuary legatees as to the share of a son, 
 whose interest under his father's will is unjustly restricted^ rjrfe 
 " Forms (Miscellaneous)," App. M. F., "Addenda." 
 
 47a — Deeds (the title) relating to an intestate's leaseholds: — On this date, 
 I delivered up to the sd Admix the title-deeds relating to the 
 intestate's leaseholds at , as per her receipt therefor, dated, 
 
 &c. 
 
 476 — Deeds (as to undelivered title), &c. — The title-deeds relating to his 
 
 TJ 2
 
 292 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 leaseholds at are still in my possession, and will be 
 
 delivered up to lier on a final settlement of the intestate's affairs. 
 
 47c — Deposit (equitable) of title-deeds by testor — vide par. 53. 
 
 48 — Direction (deed of), executed by all the next-of-kin (who are sui juris), 
 to an Admor, empowering him, for the special reasons specified in 
 pars, on pp. 42/3, par. 10, sub-pars. 1 to 5 incl., to postpone a 
 " realisation " of the intestate^ s estate. 
 
 49 — Direction (deed of), by residuary legatees to trustees, as to p)Ostponement 
 of sale of a testor' s (a) freeholds and (b) leaseholds. 
 
 1. Disadvantageous (it being considered very) to the beneficiai-ies that 
 the same should be (1) sold and (2) the residuary estate divided 
 immediately, under the trust for sale contained in the will. 
 
 2. Postponement (because it is believed that a) of the sale would 
 result in a realisation of much larger prices. 
 
 3. Vide pp. 42/3, par. 10, suh-pars 1 to 6 inclusive. 
 
 4. Powers (intermediate) — The exors have, of course, until such sale, 
 &c., all such powers as are conferred upon them by the said will. 
 
 50 — Disclaimer of (1) Exorship and (2) Trusts by 2 Exors and Trustees — 
 By Deed Poll of this date the sd (names) thereby disclaimed and 
 renounced (1) the oflBces of exors and trees of the sd will, and (2) 
 all estates and powers thereby expressed to be given to, or vested 
 in, them, or either of them. 
 
 51 — Distribution (final) of an intestate's residuary personal estate : — 
 explanation as to the special circumstances preventing same — 
 
 1. Business (as to his) : — The same (1) has, since his death, and (2) is 
 now being carried on by 2 of his sons, as managers and receivers 
 by mutual arrangement, pending a suitable opportunity for a 
 
 2. Realization (beneficial) thereof, whereupon a '^ final report," for your 
 (1) perusal and (2) approval, will be rendered, containing fully 
 detailed particulars of the admors' 
 
 (1) Dealings with the estate up to and including a distribution 
 
 thereof, and 
 2. Investment of the shares of the intestate's infant children. 
 51a — Distribution (proposed "interim ") on testor's 2 sons attaining 21 — 
 
 1. Amount divisible : — The sd exors intend, pursuant to the trusts of 
 the sd will, to pay the testor's available residuary personalty 
 (excluding the sum of £, , invested for the benefit, during Hfe, of 
 his widow), consisting of the sum of ^ , to each of you in equal 
 shares. 
 
 2. Account (examination of exors'), &c. — Previously to such payment
 
 KEPOETS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 293 
 
 they hereby require you to carefully examine their detailed a/c of 
 (1) tester's personaltj , and (2) the application and disposition of (a) 
 the same and (h) income and proceeds thereof resply, which is con- 
 tained in a certain book, marked " A," in their possession, to be 
 authenticated (after such examon and approval), by your respective 
 signatures thereto. 
 516 — Distributioiis (several " interim ") amomjst the residuary legatees. 
 
 1. The following interim distributions have taken place {specify the (1) 
 dates and (2) total amts distributed respectively). 
 
 2. In addition to these sums (1) £ has been paid to Mrs. B. on 
 account of the income of Miss B.'ti shar^-, and (2) <£ to {mime) 
 on account of the income of Miss C.'s share, thus making a total 
 distribution of £ 
 
 52 — Division (proposed) of testator^ s residuary estate : — 
 
 1. The testor's estate, iiTespective of the sums in dispute hereinbefore 
 mentioned, after deducting the costs and exps payable thereout, 
 amounts to the sum of £ , divisible as jjersonal estate into 4 
 equal parts, (amounting to £ each) amongst the following 
 beneficiaries, viz. : — 
 
 1. (Name), as Admix of the personal estate and effects of the sd 
 (naine). 
 
 2. (Name), as Admor of the personal estate and effects of the sd 
 (name). 
 
 3. (Name). 
 
 4. (Name). 
 
 N.B. The sd (name) as heir-at-law of the sd {name) has concurred 
 in the sd division. 
 
 2. This is shown by the " ca^h-a/c " (No. ), a copy of which has 
 been sent to each residuary legatee for (1) examination and (2) 
 approval. 
 
 53 — " Equitable deposit " of deeds relating to testor's leasehold residence : — 
 
 1. Loan of £ : — On this date testor borrowed from Mr. (name), 
 of, &c., the sum of d8 , to bear int after the rate of £ 
 
 p. c. p. a., on an equitable deposit of the title-deeds relating to his 
 sd residence, accompanied by a 
 
 2. Memorandum, providing for testor's execution, if required, of a 
 legal mtge thereof, to contain (1) a power of sale, and (2) all other 
 usual mtge i)owers and provisions, which, however, was never 
 insisted up07i by the lender. 
 
 3. Redemption, &c. — The sd loan, with int up to (date), amtg
 
 294 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 altogether to £ , was repaid to lender by sd exors on this 
 date. 
 
 54 — (1) Examination and (2) approval (by legatees) of scheduled 
 Estate-ales. — The particulars set forth in the 1st and 2nd Sche- 
 dules hereunder written have been carefully examined by the sd 
 legatees, who are in all respects satisfied with the correctness 
 thereof. 
 
 55 — (1) Funeral (schedules of testors) and (2) testamentary expenses, and 
 (3) legacies bequeathed by his will, and (4) duties payable in respect 
 of his estate. — Particulars of the sums paid therefor are set forth in 
 the sd 1st part of the 2nd Schedule hereunder written. 
 
 56 — Furniture {sale of household) and effects (valued for pbte at £, ), 
 by auction f or <£ , less exps, as per the auctioneer's detailed a/c 
 marJced " i^," hereimto annexed. 
 
 57 — Furniture (sale of testor's), plate, linen, china, books, pictures, 
 wearing apparel, jewels, and ornaments, (valued on (date) by 
 Mr. , ot, &c., auctioneer and valuer (as per his original valua- 
 
 tion hereunto annexed), were sold by private treaty to Mr. , of, 
 
 &c., on (date), for £, , for the following reasons, viz. : — 
 
 1. (1) Expense and (2) trouble consequent upon a sale by auction — in 
 order to avoid same. 
 
 2. Price (an adequate) — the exors were convinced that, if sd furniture, 
 &c., had been sold by auction, the net pi'oceeds of sale would not 
 have exceeded the price paid. 
 
 58 — (1) Furniture (sale of household), and (2) stock in trade, &c. — 
 Messrs. , auctioneers, sold same on (date). — (1) Proceeds, 
 
 <£ , less exps of and incidental to sale, M ; balance, £ 
 
 (vide their " sale ajc " hereunto annexed). 
 
 59 — (1) Furniture and (2) wearing apparel, &c. — sale thereof to the legatees. 
 A-t the time of her decease the testatrix was possessed of a consider- 
 able quantity of (1) wearing apparel and (2) other articles, which, 
 in order to avoid disputes as to the distribution thereof amongst 
 the legatees, it was mutually agreed by and between them that 
 the same should be sold by auction to them, and accordingly on (date) 
 same were sold by Mr. (name), auctioneer, and realised £ , as 
 appears by his " sale ajc " or inventory, marked " J.," herexinto 
 annexed, duly authenticated by the respective signatures of the sd (a) 
 exors and (b) legatees (who have severally (1) examined and (2) 
 admitted the correctness thereof). 
 
 60 — Furniture (testor's household), books, ttc. (valued at <£ ), ivere
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 295 
 
 left to his widow ahsoluteli/, except (1) a writing-desk to (name), 
 
 and (2) an old watch to (name). 
 61 — (1) Furniture (intestate's), excluding a poi-tion retained, by, and 
 
 now in the possession of his admix, and (2) stock in trade, &c., were 
 
 sold on (date), &c. (vide par. 736). 
 62 — Heir-at-law : — Report to him as to (ivith a schedide of) the intestate's 
 
 freehold property : — vide par. 95. 
 63 — Insurance of intestate' s leaseholds, he having failed to insure purstuint 
 
 to covenant : — 
 
 1. By lease, dated (date), made between (lessor) of the one part, and 
 sd (lessee) of the other part, latter for himself, his hrs, exs, ads, and 
 assns, covenanted (amongst other things) as follows, viz. : — 
 
 1. Insure (to) the buildings tj be ejected pursuant thereto, in two- 
 thirds ai least of the full value thereof, and 
 
 2. Produce (when thereunto requested) by and to the lessor the 
 premium- renewal rects therefor, and 
 
 3. Lay out (with all convenient speed), in case of damage by fire, 
 (1) the amt receivable on acet thereof, and (2) such other of his, 
 and their own moneys as might be necessary, for substantially 
 re-building, repairing, and re-instating all such damaged or 
 destroyed buildings. 
 
 2. Lease dated (date), made between (jiartie.^), contains a similar 
 covt to insure-, &c. 
 
 3. Insurances, &c. — Pursuant to sd covts, and upon instructions from 
 the intestate-lessee's admix, I insured the sd leaseholds by (1) 
 policies numbered resply (2) in (fire offices), (3) in the several 
 sums of Jij and £ , (4) at the annual premiums of <£ 
 
 64 — Investment of shares, &c., special circumstances connected therewith : — 
 1. Infant (an) legatee's share: — Pursuant to the arrangement effected 
 at the meeting held respecting the share claimed by Mrs. B., as 
 widow of the sd deced (Capt. B.), we think it right to inform you 
 that (1) letters, &c., have been granted to her, and (2) the share 
 agreed to be allowed to her infant daughter will be retained by 
 Mr. (one of the exors), by arrangement with her, and her solr, 
 
 until the (date), v/hen, if she lives, she will attain 21. Miss C. 
 (the only party interested who is not 21) can (1) execute the 
 necessary deeds to effectuate the sd arrangement when she attains 
 21, and (2) counsel has advised that we may, in the meantime, 
 either (a) rely on Mrs. B.'s indemnity, or (b) retain such a portion 
 of the sd share (that is iVth) as will belong to Miss C, in case she
 
 296 KEPOETS (solicitor's specia-l) to beneficiaries, etc. 
 
 refuses to concur. If Miss B. should die under 21, her share will 
 go to her statutory next-of-kin. Mr. {name), Miss C.'s step- 
 father, has agreed to execute a bond, conditioned to obtain her cou- 
 curreuce when she attains 21. 
 
 2. Infant {another) legatee's share : — Miss C. is now an infant, but 
 will attain 21 on (date), and her share will until then be retained 
 (by arrangement as afsd) by Mr. 
 
 3. Mortgage (on), of an " Annuity-fund " of d8500, pursuant to a trust, 
 for benefit of tester's widow : — By a memdum of agrt of this date, 
 made between (parties), certain leasehold premises in were 
 charged by with the repayment to the sd exors of the sd sum 
 of d£500, then advanced by them to him, with int thereon after the 
 rate of £, p. c. p. a. 
 
 4. Proceeds of sale of sd several lots of testor's freeholds have been 
 invested {specify nature of invt fully) for the benefit of testor's 
 daughter during her life. 
 
 65 — Investments (all authorised) on mortgage by a life-tenant trustee. 
 
 1. A schedule thereof (containing the (1), No., (2) mortgagor, (3) his 
 address and (4) occupation, (5) short particulars of the mortgaged 
 premises, (6) tenure, (7) principal, and (8) rate of interest), is 
 hereunto annexed, for examination and approval. 
 
 2. Reasons (special) for supplying sd schedule : — In order to give the 
 residuary legatees full information as to the following important 
 points, viz. .- — 
 
 1. (1) Extent (the) and (2) nature of the sd investments. 
 
 2. Legality (the) thereof: — in order that they may have an oppor- 
 tunity of seeing (to avoid any complication hereafter concerning 
 same), that they are strictly in accordance with the directions for 
 investment contained in testor's will. 
 
 3. Security ( (1) doubtful or (2) unauthorised) : — in order, &c. (vide 
 sub-par. 2 (2)) that the trustees have not invested any part of the 
 trust funds thereon. 
 
 QQ — Leasehold property held by an intestate, and burthened with an onerous 
 building covenant : — 
 1. By Lease of this date made between (lessor) of the one part, and sd 
 intestate of the other part. All that plot of land situate in , and 
 
 containing sup square yds, or thereabouts, (excepting and 
 
 reserving all mines and minerals, with the liberties and powers of 
 (1) getting and (2) working same therein particularly meutd), was 
 demised unto sd intestate, his exs, ads, and assns, for a term of
 
 EEPOBTS (solicitor's SPECIAL) TO BENEFICIAICIKS, ETC. 297 
 
 yrs from (date), subject nevless to (1) all agrts for and (2) 
 existing leases of mines and minerals Iving under («) the sd pre- 
 mises and (b) any adjoining lands, and (3) to the reversioner's exer- 
 cise of the sd liberties and powers, at the clear yrly rent of £ , by 
 equal | yrly payments. 
 
 la. Govt {intestate's buUdimj) therein : — Intestate thereljy covenanted 
 fur himself, his hrs, exs, ads, and assus, within yrs from the 
 
 date throf, to (1) erect and (2) finish in a su])stantial and workman- 
 like manner, upon the sd land, upon a site, and according to eleva- 
 tions, plans, and specifications to be first approved of in writing Vjy, 
 and to the satisfaction of the reversioner, or his agent, one or more 
 dwg-hse or dwg-houses, or other buildings, to be built of good, 
 sound, and proper materials, of their respeclive kinds, with 
 proper boundary walls thereto, and (3) to expend in so doing at 
 least M 
 
 2. Sale {attempted) thereof hij private treaty :— The intestate died before 
 the expiration of the term limited for performance of the sd building 
 covt, and on the {date) lessor's Solrs applied to his admor to carry 
 out same without further delay. Eepeated and strenuous efforts 
 have been made to dis[)ose of the lessee's interest under sd lease 
 (with lessor's consent) by (1) private treaty, or (2) public auction, 
 but the same have been abortive, and, under these circumstances, 
 the said leaseholds will have to be (a) kept in hand until an advan- 
 tageous opportunity for a sale thereof arises, or (b) they must be 
 surrendered to the lessor upon the best terms eft'ectable, if he is 
 willing to accept a surrender thereof, with the consent and concurrence 
 of the beneficiaries therein. 
 Q7 — Leases granted by (a) adniors, and (b) exors respectively. 
 
 1. Business (an intestate's) premises, by his admor: — vide " Administra- 
 tion," p. 4-0, pars. 4, 5, and 6 (erroneously marked 4, 3, and 4). 
 
 2. " Works" (testors),by his extrix -.—B) indre of this date, for the 
 consons therein mentd, the sd extrix (life-tenant) demised unto 
 (name), the lessee, the sd mills, together with all rights, easements, 
 and appurts to the sd premises belonging, except the machinery, 
 articles, fixtures, and things standing, being, or affixed to any part 
 of the premises, which had been (1) purchased by, and (2) all of 
 which were thereby declared to be the lessee's absolute property 
 To hold the sd premises for (term) yrs from (date) last, at the clear 
 yrly rent oi £ , by equal half-yearly payments on (dates), clear 
 of all deductions (landlord's property tax only excepted) ; the last
 
 298 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 2 y^lj payment to be made in advance on (date) next preceding 
 the expiration of the sd term. The sd Lease contains : — 
 Covenants {special) by the lessee as follows : — 
 
 1. Business — at all times during sd term to carry on upon sd pre- 
 mises the business of a only. 
 
 2. Machinery to remain intact — Not to (1) pull down or (2) 
 remove the machinery, articles, and effects so purchased by him 
 as afsd, or any part thereof, without the lessor's vs^ritten con- 
 sent, nnless in cases where such pulling down or removal should 
 be rendered necessary by any of the sd articles or 
 
 3. Premises being (1) injured or (2) worn out, when he would forth- 
 with replace same by others of, at least, equal value. 
 
 4. (1) Pull (should not, in any event) down, or (2) remove any 
 of the sd premises to the value of more than Jc at any one 
 time without such consent in writing as afsd. 
 
 (a) Covenants (ordinary) by the said lessee in the said lease : — 
 
 1. Bent, rates, and taxes — to pay the same. 
 
 2. Business (restriction as to) — (1) to cany on upon the sd 
 premises the business of (o) a , or (b) other bs or 
 trade of a similar character, and (2) not to carry on, or 
 (3) permit to be carried on thereon any other bs or trade 
 whatsoever, nor (4) occupy, or use, or (5) permit the same 
 to be occupied, or used in any other manner, or for any 
 other purpose. 
 
 3. Waste (not to commit) upon the sd premises, or any part 
 thereof. 
 
 4. Bepair (to (1) keep and (2) deliver up sd premises in) at 
 end of term. 
 
 5. Paitit (to) the inside of the sd premises every years, 
 
 6. (1) View (to permit Lr to enter to) state of premises, and 
 (2) repair after notice of defects. 
 
 7. (1) Insurance (for) in joint names of Lr and Le, (2) pay- 
 ment of premiums, &c., and (3) production of the (a) policy 
 and (b) premium-renewal rects. 
 
 8. Insurance (to (1) lay out the) money in re-building, and 
 (2) if insufficient, to m tke up the deficiency. 
 
 9. Assignment (against) : — not to (1) assign or (2) underlet 
 without the lessor's consent, but the latter must not be 
 unreasonably withheld. 
 
 10. Be-entry (power of) for (1) breach of covts, or (2) non-pay- 
 ment of rent.
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 209 
 
 11. Detenu iiKif ion (^'^wer of ) oi lease by lessee at the end of 7 
 years. 
 
 12. Sus})ension {2'^''^'''^^(^ f^'') ^^ r^nii in the case of destructiou 
 by fire. 
 
 (6) Covenants (2) hij the lessor in the said lease: — 
 
 1. Repair {to) the outside of the sd premises every yrs. 
 
 2. Quiet (for) enjoyment of the latter by the lessee. 
 
 5. Repair, &c. — during continuance of sd term to keep sd pur- 
 chased machinery and cft'ects in good repair and working condi- 
 tion. 
 
 6. Removal (as to) of sd machinery, £-c. — sd lease provided that 
 the sd lessee, his exs, ads, or assns should have full liberty to 
 remove (at end of sd term) all and every the machiner}' and 
 fixtures belonging to him, and which might be affixed or 
 fastened to demised premises, he or they making good any 
 damage which might be done to latter in consequence of such 
 removal. 
 
 3. Works (testor's sd) to new lessees by (1) sd extrix — 
 
 1. Surrender (deed of) (by lessee's extrix) of the lease recited 
 in sub-par. 2, and all her estate and interest then sub- 
 sisting therein, under, or by virtue of latter in right of 
 the sd deced lessee therein, to the intent that the term of yrs 
 created thereby might be merged and extinguished in the rever- 
 sion and freehold of the sd premises. 
 
 2. Lease (a) of sd mills to the new lessees was duly executed. 
 
 3. Lessor by a written authority, given subsequent thereto, em- 
 powered latter, for greater security agst fire thereat, to (1) build 
 up at their expense the doorway leading from the fire-hole in 
 
 to the adjoining cellar, and (2) make an entrance to latter directly 
 from the saw-mill. 
 68 — Leases (renewals by exors of) granted by their testator. 
 
 1. Messiiage (a) called (name), sittiate in, &c. — was on this date (1) 
 leased by testor to Mr. B. for a term of yrs, at an annual 
 rent of <£ , and (2) on the (date) renewed to lessee by the 
 extrix for a further term of yrs at the same rent, payable 
 \ yrly, on 12th May and 12th Nov., also the 
 
 2. Shop and dwelling-house attached thereto situate in, &c., was on this 
 date (1) leased by testor to Mr. C. for a term of yrs, at an 
 annual rent of £ , and (2) on the (date) renewed as afsd for a 
 further term of vrs, at the same rent, payable as afsd.
 
 300 EKPOETS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 69 — Legatees' (infant) shares: — special circumstances connected therewith: 
 — Vide " Investment," par. 64, sub-pars. 1 and 2. 
 
 70 — Lessee's (1) will and (2) death : — The sd lessee died on this date, 
 having by his will, dated (date), and proved and registered in, &<:., 
 on (date) (1) devised and bequeathed unto his widow all his property 
 whatsoever and wheresoever, and which included (inter alia) the 
 premises demised by the sd lease, and (2) appointed her sule 
 extrix. 
 
 71 — Letters of administration to an intestate's personal estate and effects. 
 
 1. Application for grant by 3 of intestate's sons, against which his eldest 
 son entered a " caveat." 
 
 1. At the desire of all the other members of the family, excepting 
 the latter, 3 of the other sons were on (date) sworn to their affts 
 for the requii'ed grant, which, together with the usual Admon 
 Bond, were lodged by me in the (Registry), &c., to enable them 
 to (1) obtain sd grant forthwith, (2) thereafter carry on intestate's 
 ousiness, and (3) arrange as to winding up his afEaii-s, but on 
 (date) a 
 
 2. •' Caveat" was entered by sd (name) agst sd grant by (names) as 
 agents for (names), of, &c., his Solrs, and on (date) a 
 
 3. " Warning " thereto was issued by my London agents on behalf 
 of sd applicants, to which pit entered an appearance in uue 
 course. 
 
 2. Grant thereof (by Registrar's order) by sd Registry. 
 
 3. Grant thereof: — Letters, &c., to A. B., as the intestate's lawful 
 widow and relict. Personalty sworn under £ 
 
 72 — (1) Loans by testatrix to Mr. (name), and (2) repayment thereof. 
 
 1. On this date ^he advanced to him the sum of <£ at d£ p. c. 
 p. a. 
 
 2. On this date she advanced to him a further sum of £, 
 
 3. On this date he repaid to her £, on account thereof. 
 -t. On this date he rejjaid to her the balance thereof. 
 
 73 — (1) Loans by testatrix to Mr. (name), a nepheiv and residuary legatee, 
 and (2) agreement (written) by him to execute, on demand, a mortgage 
 of his leaseholds to secure amount. 
 1. Agreement (by) made between (name) of one part and testatrix of 
 other part, after reciting as follows, viz: — 
 
 1. That was (1) entitled to, but (2) had not then received 
 a lease of a plot of land in afsd. 
 
 2. That he had (1) erected and built upon a portion thereof
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 301 
 
 messuages, and (2) a<,'reed to siil»-lease the otlier ])ortion to one 
 (name) at a yrly rent of £ 
 
 3. That sd testatrix had agreed to lend to sd £, upon 
 
 security of (1) the sd first named portion and erections thereon, 
 and (2) the ground rent reserved in respect of such sub-lease, 
 provided that the premises should be valued by a competent land 
 surveyor (appointable by her) at the smn of £ at least, clear 
 of all outgoings. 
 It was thereby mutually agreed between the sd parties as 
 
 follows : — 
 
 1. That the sd should, when thereunto requested by testatrix, 
 execute a legal mtge of such " valued portion " of sd premises. 
 
 2. That the ppal money to be secured by the sd mtge should be 
 made payable at the expiration of 6 calr mos from date of latter, 
 after the rate of =£ p. c. p. a., payable half -yrly, and 
 
 3. That such mtge should contain the following, viz. : — 
 
 1. Covt (a) by the mtgor for payment of the sd ppal and int. 
 
 2. Power (a) of (1) sale, and (2) such other powers and provi- 
 sions as a mtgee should reasonably require for better securing 
 such payment, including, nevless, a 
 
 3. Proviso tViat same should not be called in without 6 calr mos 
 previous notice in writing. 
 
 2. Mortgage (the) contemplated by sd agrt was not insisted upon by 
 sd testatrix, who was satisfied with the security afforded l)y latter. 
 
 3. Arrears of interest, &c. — The interest j^ayable under sd agrt has not 
 been regularly paid, as appears hy her memdum hook, containing 
 entries of her reds of ppal and int. 
 
 4. (1) Principal and (2) int still due £ 
 
 5. Principal (agrt as to sd unpaid) and interest : — That it shall be (1) 
 deducted from the sd C's share, and (2) a memdum of satisfaction 
 thereof be (a) indorsed on sd agrt, and (b) signed by (1) the sd 
 exors, and (2) other residuary legatees under sd will. 
 
 74 — Loans (testor's) to his children: — " Faniily-arrangenicnt deed" as to 
 (1) same and (2) an alloivance of £ out of the estate to a son who 
 
 had been disallowed any interest under the will : — 
 
 Compromise, &c. — In order to avoid certain intended proceedings 
 at the suit of the sd (name) in connection with sd \?ill, it has been 
 mutually agreed by and between the sd parties as follows, viz. : 
 1. (1) Forhearance and (2) allowance, dr. — that the sd (name) 
 
 should (1) forbear such pegs, and (2) take and lie allowed, for
 
 302 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 his own use and benefit, £, out of testor's residuary estate, 
 
 less his l-6th {or other) share of the exps of and incidental to 
 the (a) pLte of sd will, (b) realisation and distribution of sd 
 estate, and (c) sd deed to effectuate the terms of settlement 
 agreed upon. 
 
 2. Loans to other legatees : — to be deducted from their respective 
 shares. 
 
 3. Indemnity, &c. — Each of the sd residuary legatees thereby cove- 
 nanted with sd exors to thereafter indemnify latter, their hrs, 
 exs, and ads, against all actions, claims, and demands of the issue 
 of sd legatees, or any of them, in respect of the payment of sd sum 
 of d£ out of testor^s residuary estate. 
 
 75 — Loans {particulars of) to a testor on aw "equitable deposit" of 
 
 title-deeds, &c. — vide par. 53. 
 76 — (1) Loans {testor's) to his children, and (2) latter's "admissions" 
 
 as to the respective amounts of their indebtedness : — 
 
 1. {Name) — It has been alleged that he was indebted to testor in the 
 sum of £ , or thereabouts, for money lent to him at various 
 times, the accuracy of which is disputed, he admitting £ only, 
 which the other legatees have agreed to admit as correct. 
 
 2. {Names) — Resply admit owing the several sums of {specify 
 same) to the estate for money lent to them resply at various 
 times, which admissions the other legatees have agreed to admit as 
 correct. 
 
 77 — Marriage of testor's niece: — The sd (name) intermarried with 
 (name), of, &c., on this date, being at that time entitled to the 
 residue of her share of and in the unsold portions of the estate 
 devised by the sd will. 
 
 78 — Missing {a) son: — circumstances connected with his depai'ture for 
 America — vide par. 9. 
 
 79 — Mortgages {special circumstances connected ivith deced's). 
 1. Bad security (a) iyi Ireland whereon testor had advanced: — 
 
 1. Advance, &c. — Some yrs ago testor advanced (thro' his then solr 
 in ), a sum of d£ , to bear int after the rate of £ 
 
 p. c. p. a., on a mtge of the equity of redemption of and in 
 houses and acres of land (part of the estate), situate 
 
 in, &c. 
 
 2, "Disastrous." — It turned out to be a most unfortvuiate affair, 
 the deced being, thro' his misplaced confidence in the mtgor, 
 most shamefully duped.
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 303 
 
 3. Sale, &t'. — The ppty was eventually sold In' the 1st mtgee for 
 <£ , out of which tester reoeived ouly £ 
 
 4. Fraud {suhse(j^i(c'ntly discorered) — It has since been ascertained 
 that the nitgor (1) never completed the houses, but (2) 
 " pocketed " the mtge-money intended for that purpose. 
 
 5. Fraud (sd) — Every effort has already been exhausted by Messrs. 
 (names), of, Ac, solrs, to fasten B. with lial)ility for the loan, 
 but it is impossible to reach him with the criminal law, and any 
 further attempt in that direction would (1) be futile, and (2) 
 simply result in a waste of money and time. 
 
 Equity (iiitge to an AdinLv hy a dr of hia) of redemption of and in 
 leaseholds after a final judgment has been obtained agst him : — 
 
 1. Agrt (hy an) of this date sd dr agreed to pay the sum of £, 
 admitted to be owing by him by monthly instalments of <£, 
 The 
 
 2. Instalments paid on acct up to, aud including (date) = £ 
 
 3. Writ (a) was issued for the balance (<£ ), and on (date) 
 final judgment on deft's non-appearance was duly signed for (1) 
 sd amt and (2) <£ taxed costs = £ 
 
 4. Mortgage (deft executed a) to the sd admix of his equity of 
 redemption of and in leasehold messuages, situate in , 
 of which Mr. is 1st mtgee under and by virtue of a mtge 
 dated , to secure repayment of £ , and int at £ 
 
 p. c. p. a. The sd 
 
 4a. Mortgage proved valueless, because the 1st mtgee (in conse- 
 quence of the mtgor's default) entered into possession, and rect 
 of the rents and profits of the sd premises, and his agent's acct 
 is open to inspection by, or on behalf of the sd admix, at any 
 time she may wish same to be produced, to enable her to see 
 exactly how the acct stands. 
 
 . Lessee (mtge by a) of testor's works and fixtures thereat, &c., to secure 
 the and of the valuation thereof — 
 
 1. The mtgor, being unable to pay sd sum, agreed to assign unto 
 the mtgee (1) the several chattels specifically described in the 
 schedule thereunder written, and also (2) all the mtgor's estate 
 and interest of and in his Lease of the sd mills, by way of 
 security for payment of £ , with int thereon after the rate 
 of £ p. c. p. a. 
 
 2. Mtgor thereby covenanttd to pay to mtgee on (date) (1) £ 
 
 and (2) the like sum of £ on each succeeding 3 calr mos.
 
 304 REPORTS (solicitor's special; to beneficiaries, etc. 
 
 ■with iiit as afsd, until the whole of the sd sum of £ should 
 have been fully paid a'ld satisfied, and if the sd sums, or any of 
 them, should not be paid on the days afsd, would pay int thereon 
 resply at p. c. p. a,, computed therefrom. 
 
 3. Counsel's opinion, &c. — Counsel advised that it would be better 
 to demise sd lease rather than make a separate Bill of Sale of the 
 machinery, particularly as, in the event of a sale, latter would be 
 more advantageously realised in connection with the leasehold 
 property. 
 
 4. Becjist ration of mtge as a Bill of Sale was necessary, in order to 
 constitute a good security, and accordingly on (date) a copy 
 thereof was duly registered in the Bills of Sale Department, 
 Central Office of the Supreme Court of Judicature, as appears by 
 the official memdum thereunto annexed. 
 
 4. Transfer of an equitable mtge by a stirviving trnstee tinder a ivill to 
 new trustees apjmnted by him in place of deced trustees — vide 
 " Appointment,'^ pars. 15/16. 
 80 — Next-of-Mn (particulars as to an intestate's) — 
 
 1. The sd intestate died on this date, a widower, leaving the following 
 natural and lawful children and next-of-kin surviving him, viz. : — 
 (1) (his eldest son); (2) name; (3) , and (4) 
 
 The 2 latter are infants. 
 
 2. The sd intestate died, leaving (1) Mrs. (name), his lawful widow 
 and relict, and (2) infant children him surviving. 
 
 81 — Notice was on this date given to the sd exors to quit the sd farm. 
 82 — Notice (as to (1) advertisements of a statutory) to Crs, pursuant to 
 22/3 Vict. c. 35, and (2) the claims received in pursuance thereof 
 
 1. Adm.or (by an) : — A notice was (1) inserted in (papers) requii'ing 
 all persons having any claims against the intestate's estate to forth- 
 with send particulars thereof to us, as solrs to the admors, and (2) 
 in due course thereafter, claims amounting to ^2 Avere received, 
 and (3) have since been duly paid. 
 
 2. Exors (by) — (a short form) : — The claims, debts, and demands 
 delivered pursuant to the statutory notice to Crs inserted in (specify 
 papers) are set forth in the Ist part of the 2nd schedule hereunder, 
 and numbered resply (Nos.) 
 
 3. Exors (by) — The sd notice was inserted in the fol'owing papers, 
 viz. : (papers), requiring all persons having any claims agst or 
 affecting the tester's estate to forthwith send written particulars 
 thereof to me, as solr to the sd exors, and, in due course, claims
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 305 
 
 aiiKHintnig to £, (as ]»er tin.' annexed Schedule <>f Payments 
 marked "P") were (1) received, and (2) have since l>een duly 
 jxiid, and (3) are set forth in the 1st part of the 2nd schedule 
 hereunder written (or an the case may he). 
 4, Exorn (hi/) : Pursuant to " An Act to (1) further amend the Law 
 of Proi)erty and (2) relieve trustees," notice to all Crs and other 
 persons having, or claiming to have, any debts, or other claims or 
 demands upon, or agst, or affecting the testor's estate, was inserted 
 (1) once in the "London Gazette," and (2) thrice in the (papers), 
 requiring them to send full written particulars of their respective 
 debts, &c. to us (as the exors' solrs), on or before (date), after 
 which date the latter would not be liable for the assets, or any part 
 thereof, distributed, to any person or persons of whose claim, debt, 
 or demand they should not then have had notice. 
 
 83 — Notice to tenants of settled property of the appointment of a new agent 
 to collect the rents thereof: — 
 
 On this date, as (1) exors of the sd will and (2) trustees of sd 
 settlements, it being deemed advisable to (a) discontinue the services 
 of the former collector, and (h) appoint a new one, a formal written 
 notice in that behalf was duly served upon each tenant. 
 
 84— Prti/mew< of shares to legatees, &c. : — The sd exors have paid or 
 transferred the said sum of £ (being the clear residue of the 
 
 sd pslty) to the following persons (each in her or his own right) 
 in the following amts, namely : — (1) <£ to the sd (name) ; 
 
 specify each legatee's share and name, being the shares in which, 
 having regard to the circumstances before stated, they are entitled 
 to the sd sum of £ , and for the satisfaction of the sd exors 
 
 the sd legatees have agreed to execute to them a " Eelease " and 
 discharge, &c., vide par. 101. 
 
 Insert the several schedules above referred to. 
 
 85 — Payments (the several) hy sd exors oh the foUotviiig accts amount 
 altogether to the sum of £ , made up as folloxvs, viz. : — 
 
 1. Debts on simple contracts, taxes, wages, &c., due at 
 testor's death £ 
 
 2. Executorship (expenses attending the said) £ 
 
 3. Funeral expenses £ 
 
 4. Mortgage-debts, with int due at death £ 
 
 5. Probate (expenses of and incidental to obtaining a 
 grant of) =* 
 
 86— Payments to 3 life-tenants, (1) hrother and (2) 2 sisters of testatrix :~ 
 
 X
 
 306 REPOETs (solicitor's special) to beneficiaries, etc. 
 
 All the rents, issues and profits arising from the sd heredits were paid 
 over to and received by the said life-tenants in the shares and pro- 
 portions to which they were respectively entitled up to the dates of 
 their respective deaths. 
 
 87 — Payments (schechde of) of the debts of an intestate wholesale 
 tradesman : — vide p. 43, par. C, suh-j)ar. 3. 
 
 88 — Personal (copy statutory) estate account rendered by said (a) admor 
 or (b) exors to the Commissioners of Iiiland Pevenue at date of appli- 
 cation for a grant of Letters, &c., or pbte of sd tvill. 
 
 1. Intestacy : — The following is a true a/c of the (1) particulars and (2) 
 present value, so far as the admor has been able to ascertain same, 
 of all the intestate's personal estate and effects, for or in respect of 
 which a grant of admon has been ni;ide, exclusive of what he may 
 have been (a) possessed of or (b) entitled to as a trustee, and not 
 beneficially. The gross value thereof altogether is £ 
 
 2. Will : — The testor had no personal or moveable estate and effects 
 within the United Kingdom, other than and except that, the parti- 
 culars and value whereof are contained in a/c No. 1 hereto annexed 
 (particularise sa m e ) . 
 
 88a — Policy (intestate' s life ) : — a7iy special circumstances connected there- 
 with must be specified in detail. 
 
 88& — Power of Attorney by an extrix to an agent to collect rents, &c. : — 
 The sd extrix as tenant for life of the freehold and leasehold estates 
 comprised in and devised and bequeathed by sd will, by Deed Poll 
 of this date appointed Mr. (name), of, &c., to be her atty to (1) 
 collect the rents thereof, and (2) act as agent generally in the 
 management thereof. 
 
 89 — Power of Attorney in favour of (name) to sell an estate in America 
 devised to English devisees, and resvlt thereof. 
 
 1. Execution thereof: — In oi'der to realise the sd estate, sd bene- 
 ficiaries executed on this date sd Power, for the special purposes 
 therein particularly mentioned. 
 
 2. Sale, &c. -. — In pursuance of such power the appointee (1) pro- 
 ceedel to America, and, after a considerable amount of alleged 
 trouble and expense, (2) succeeded in selling a portion of the sd 
 estate, and, (3) m due course, returned to England with the proceeds 
 of sale. 
 
 3. ''Investment" (appointee' s bogv s) of p)roceeds : — The beneficiaries (1) 
 not caring to trouble themselves about the investment theieof, 
 au'l (2) having implicit confidence in their appointee, foolishly
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC 307 
 
 allowed him to invest same ivithout (a) talcing the precaution to 
 inquire, or (b) be furnished with any information, as to the adequacy 
 or nature of the alleged security. 
 
 4. Retainer {appointee's) thereof: — Sd proceeds are supposed to have 
 been retained by him without (1) any deposit of deeds, (2) mtge, (3) 
 promissory note, or (4) other aclcnowledi;fment as to the mode of 
 investment or otherwise. This belief is confirmed by the fact that 
 he has paid one yr's int on the amt to Mr. B., husband of Mrs. B., 
 and father of Miss B. The transaction appears, from information 
 given to me by Mr. B., to have been effected thro' Messrs. {names), 
 of, &c., solrs, but no security of any sort has ever been given there- 
 for, {apptee) alleging as an excuse (1) that if the said (devisees) 
 obtained possession of the deeds relating to the sd investment 
 they would not keep them in safe custody, and, (2) under these 
 circumstances, he would retain possession of them until repayment 
 of the amt invested. 
 
 5. This singular course of action and explanation aj)pears to have 
 satisfied the beneficiaries, and no further inquiries have ever been 
 made respecting the (1) truth of his statement, or (2) character of 
 the alleged security until (date). 
 
 90 — Power (2nd) of Attorney to sd appointee to sell residue of sd estate : — 
 
 1. Being desirous of realising the balance of their respective shares 
 under the sd will, the sd beneficiaries on this date executed a 2nd 
 Power of Atty, in favour of the sd apptee, under which he had 
 carte blanche to (1) deal with and (2) sell the residue of sd estate 
 for the best p-ice obtainable therefor. 
 
 2. Sale, &c : — Having in his possession the following documents, viz. : — 
 
 1. Certificate (a) of the marriage of Mr. and Mrs. 
 
 2. Certificate (a) of the birth of Miss 
 
 3. Certificate (a) of the death of (name). 
 
 4. Certificate (a medical) as to the cause of the death of Mrs. 
 
 5. Declaration (a statutory) verifying (1) same (No. 4) and (2) sd. 
 
 6. Power of Attorney, he proceeded to America, and realised the 
 estate. 
 
 3. Delay (" unaccountahle ') : — An exceptionally long time appears to 
 have been spent by him in executing his commission, for, although 
 he left here on (date), the "Bankers-draft for £ , payable to 
 Mrs. , did not arrive until after her death in (month) last. 
 
 91 — Probate (double) of the sd will : — a grant tl:ereof was duly obtained 
 on this date by the sd (names). 
 
 X
 
 308 REPORTS (solicitor's special) to beneficiaries, etc. 
 
 92 — Probate (limited) of the sd will was duly granted to the said exor 
 on this date. 
 
 93 — Probate (renunciation of) by testor's married daughter (extrix) : — 
 The sd esors duly proved the sd will in, etc., the sd (name) having 
 expressly renounced (1) pbte and (2) exou of the trusts thereof. 
 
 94 — Property-account (exor^s total expenditure on) since testator s death : — 
 Amounts to £ (a detailed a c of which (1) is hereunto 
 
 annexed, or (2) will be produced for your perusal and approval on, 
 or a reasonable time before the final distribution) made up as 
 follows, viz. : — specify same under the various alphabetical headings 
 contained in " Somerset House Guide" (pp. 52 S, par. 5, sub-par. 1 
 to 6 incl), adapting them to the special circumstances of each 
 particular case. 
 
 95 — Realty descending upon an intestate's heir-at-law : — The intestate 
 died seized of the following freehold ppty, viz. : — (1) All that plot, 
 piece, or parcel of land situate in and fronting to afsd, and 
 
 commonly known as " (name)." And also all and singular those 
 (No.) several messes, cottages, or dwg-hses, and other erections and 
 bldgs thereon erected. Weekly rentals £ . 
 
 Specify in cash columns (thereby shoiring " the net annual value ") 
 the follovnng items, viz. : — 
 
 1. Total deductions, as specified in your Succession duty account. 
 
 2. Total gross annual value. 
 
 3. Total annual value of deductions. 
 
 (2) All that plot of land situate and fronting to the Market Place, in 
 the Boro' of afsd, together with (No.) shops and appurts 
 
 erected thereon, and Nod. (.N^os.) , resply occupied by (tenants' names). 
 Gross rental, or annual value, £ . One shop is let at a yrly rental 
 of £ , another at £ , and another (formerly occupied by the 
 intestate) was leased as afsd on (date) to Mr. , for a term 
 
 of years, subject to the lessee's right to determine same at the 
 end of the 1st 7 yrs, at a yrly rental of £ for the 1st yr, and £ 
 for the 2nd and every subsequent yr. Thei-e is a small shop 
 adjoining, worth about £ per annum when let, but it has been 
 untenanted since (date) last. 
 
 The sd premises are assessed at £ in respect of ppty-tax 
 payable on acct throf, as appears by the Certificate of Assess- 
 ment of the Local Surveyor of taxes annexed to your Succession 
 acct., which latter, dehvered on your behalf as successor, was 
 assessed on the (date) by the Commrs of Inland Revenue at
 
 REPORTS (SOLICITOIl'.S SPECIAL) TO BENEFICIAKIES, ETC. 309 
 
 £ , the duty on which, at the rate of JC i>. c, was duly 
 
 paid oil {(late) as per ihc ()[Ucial red thereon. 
 96 — Realiij {no) — Testor did not die seized of any real estate. 
 97 — Bealty {no partnership) — There was no real estate constituting part 
 
 of the partnership assets. 
 98 — Re-assujnment of inortijaijed leaseholds. — By a Re-assnt (endorsed 
 
 on sd mtge), sd (mtgee) thereby assigned unto sd exors sd mtged 
 
 premises, to hold same freed and discharged from all (1) ppal and 
 
 int secured by, and (2) all claims and demands thereunder. 
 99 — Receipt {special) for the aiut of compensation for damage to cottage 
 
 property by mining operations — vide page 259, par. 6. 
 loo — Release hy an Admix to her Solr (in an admon wherein he is entrusted 
 
 with the entire management of the intestate's affairs) on the final 
 
 settlement thereof. 
 
 Notice (Solr's) to her to {a) examine his (1) " Balance-sheet" and 
 (2) detailed a/cs therein referred to, and {b) as to subsequent 
 Release: — vide " Letters.'" 
 101 — (1) Release to exors and (2) Special Declaration of trust. 
 
 1. Release (a formal) hy deed is intended to be executed Ly all the 
 beneficiaries, viz. — (1) the sd (husband of testor's daughter), 
 (2) names {testor's sons) resply, to sd exors of and from all 
 actions, claims, and demands whatsoever for or in respect or on 
 account of the following (a) matters and (&) payments, viz. — 
 
 1. The sd estate, and income thereof respectively. 
 
 2. The sd (1) legacy of £ , and (2) share of sd 
 residuary estate having been paid to sd {name) absolutely, or 
 
 3. The sd legacy of £ to the sd {name), or 
 
 4. The sd sum of £ to {name) in manner before-mentioned, or 
 
 5. For or in respect of any other act, &c. 
 
 2. Declaration {special) of trust by sd {name). 
 
 1. That he, his exs or ads, should stand possessed of the sd sum of 
 £ , Upon trust, to (1) invest same as therein mentd, and (2) 
 stand possed of (a) such sum and (6) invts thereof In trust, as to 
 one equal part throf for each of the following grand- 
 children, if they shall attain 21, and if any of them should die 
 under 21, his or her share shall belong in equal shares to {testor s 
 children) . 
 
 2. That the trustee or trustees for time being of sd funds should, 
 during sd infants' minorities, (1) pay or ai)ply the income of his 
 or her contingent share, and (2) miglit Mpi>ly surli jiart of the
 
 310 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 corpus as lie or tliey might think fit towards the clothing, 
 education, lodging, maintenance or otherwise for such infants' 
 benefit, and (3) might pay same to (a) sd (name), or (b) other 
 guardian or guardians of sd infants for the purposes afsd with- 
 out seeing to the applon throf. 
 
 3. Covt hy sd legatees — They thereby covenanted to indemnify ^d 
 exors agst all claims of the issue of sd (names of the beneficiaries 
 under (except the son ex<-luded by) sd will), or either of them, 
 in respect of (1) sd sum of <£ and (2) testor's residuary 
 estate. 
 N.B. — Your special attention is called to the following facts as to 
 
 the legal effect of the sd Release ; viz. — 
 
 1. Claims (any) tvhich sd issue may hereafter make in consequence of 
 {excluded son's) (1) legacy, and (2) share or (3) the sd voluntary 
 payment of (1) sd legacy and (2) share of residue to sd (exchided 
 son) — The trustees cannot get a release from these. 
 
 2. Protection (their qualified) : — they must rely upon sd Indemnity 
 for what it is worth. 
 
 3. Release (necessity for a) is not dispensed with by said indemnity. 
 102 — (1) Release (qualified) of Claims, and (2) Indemnity to exors on an 
 
 interim division — vide "Letters." 
 
 103 — Re-marriage of testors tvidow : — The sd widow intermarried with 
 (name). 
 
 104 — Rents (collection of) of testors (1) freeholds and (2) leaseholds : — 
 Testor owned lots of freehold and leasehold property (a 
 
 Schedule of which is hereunto annexed), and the rents thereof have 
 been paid up to the dates of transfer to the respective purchasers 
 to (collector), and from the a/c that will be produced for your 
 inspection on the final distribution, it appears that £ has been 
 collected. 
 
 105 — Residuary (special) accotints : — special circumstances connected 
 therewith : 
 1. Dnty (as to payment of), &c., thtreon : — The duty payable to the 
 Commrs of Inland Revenue in respect of testor's residuary estate 
 amounts to the sum of £, , being at the rate of d£3 p.c. on the 
 sd shares, or made up as follows (as the case may be), viz. : — 
 
 1. £ for and in respect of duty at £ p.c. on (No.) of sd 
 shares, &c. 
 
 2. £ for and in res[iect of duty at =£10 p.c. on the share of Mr. 
 
 , from whom such a rate of duty is legally claimable in
 
 EEP0RT8 (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 311 
 
 consequence of his l)eiug, in contemplation of law, a stranger in 
 blood to the testor. 
 
 2. Duty on 3 interim distributions, <&c. — Having regard to the fact 
 that, strictly, duty should have been paid to the sd Coinmrs imme- 
 diatehj after the sd 3 interim distributions, on behalf of th ' residuary 
 legatees chargeable therewith, int after the rate of £i ]). c. p. a. 
 has been (1) claimed, and (2) accounted for in the sd Kesiduarv 
 a/c since the respective dates thereof, on the several sums dis- 
 tributed, made up as follows, namely : — 
 
 1. Interest on £ between (dates) years and days (specify 
 
 each item accordingly) . 
 
 3. Duty (Controller's demand for an increase of) on grant, for the 
 following special reasons, viz.-^- 
 
 1. The Controller of Legacy and Succession Duties, on presentation 
 of the sd a/c, for assessment of duty thereon, required as follows, 
 viz. — 
 
 1. Personalty originally sworn under £ , must be accounted 
 for, and 
 
 2. Realty (that all the) devised by testor, must also (1) be 
 accounted for, (less the £ expended thereon), and (2) dutv 
 paid. 
 
 In consequence of this demand the exors were bound to acct 
 
 therefor accordingly, and the following is an abstract of the a/c 
 
 rendered to Crs in pursuance thereof, namely: — (specify same) — 
 
 The duty thereon, after the rate of 1 p.c, was paid on sd 
 
 balance. 
 
 2. Solicitor s (Inland Revenue) claim for costs (£1 17s.) of and 
 incidental to the (1) sd a/c and (2) his proceedings with reference 
 thereto was paid to him on (date). 
 
 106 — Residuary-account (comptrolled) of the personal estate of an intestate 
 xvholesale-tra desman : — analysis thereof for perusal and approval by 
 his Admix: — vide "Somerset House Guide," par. 75e, pp. 70-1. 
 
 107 — Residuary legatees : — The said testor left him surviving (a) his 
 widow (name), and (b) children only, namely (1) sd 
 
 , (2) (names), (name) having died in testor's lifetime 
 without issue. 
 
 108— (1) Retainers and (2) instructions to sue appointee, under a Power of 
 Attorney, for sale of an estate in America, for the unpaid jjroceeds 
 thereof— 
 1. The within opinion of Counsel having been (1) read over and (2)
 
 312 EEPOETS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 fully explained to the said exor by me, he empowered me to proceed 
 to Ireland, to (a) demand from the sd appointee the detailed a'c 
 referred to in my sd letter (vide "Letters"), and (h) do all other 
 acts and things necessary for recovering, as soon as practicable, the 
 amt in his hands or under his control belonging to sd exor, either 
 as (1) admor of the sd (name), (2) exor of his late daughter, or (3) 
 individually. 
 
 2. Journey (i-esult of) to Ireland to interview sd appointee: — vide 
 ■par. 28. 
 
 3. Retainer (a further) was signed by sd exor to forthwith (1) insti- 
 tute (as a final effort) in the Chancery Division of the High Court 
 of Justice in Ireland such proceedings as might be deemed expedient 
 for the purposes advised by Counsel, and (2) continue same to their 
 termination. 
 
 109 — Sale (" preliminary negotiations " for a) by private treaty of the 
 folloiving properties, &c. — 
 
 1. Business of an intestate Chemist and Druggist, thro' a transfer 
 Agent : — 
 
 1. Agreement (an) for (1) a sale of stock, d?-c., and (2) Lease of the sd 
 
 business premises. 
 
 After satisfying himself as to the represented weekly returns or 
 fairings, the following forms the basis of the terms of the jichr's 
 agrt with the sd agent. 
 
 1. Fixtures and stock at a fair valuation. 
 
 2. Deposit paid, dSlO pt.c. on the purchase-money, subject to the 
 negotiations terminating satisfactorily. This is required by the 
 sd Agent to secure himself agst loss, in the event of the parties 
 carrying out the contract without his aid. 
 
 3. Rent <£ per annum, clear of all deductions (except income 
 or ppty tax), payable half-yrly, (2) on a yrs lease, 
 (3) 1st yr at £, , (4) residue of term £ p. a., provd 
 les^see's Solr approved the draft proposed Lease. 
 
 2. Leaseholds burtheiied ivith an onerous building covenant : — vide pars. 
 66 and 111. 
 
 3. Leaseholds (attempted sale of other) : — vide par. 111. 
 
 110 — Sale by public auction of the following properties, &c. — special 
 circumstances connected therewith. 
 
 1. American (an) estate, devised to English devisees: — specif y same ; 
 vide pars. 89 and 90. 
 
 2. Apparel (wearing) of testatrix to legatees : — vide par. 73c.
 
 REPORTS (solicitor's SPECIAL) TO BENEFICI AKIKS, ETC. 31:} 
 
 3. CopyhoJcls — Tbe sd trustees, jmrsiuiiit to and in cxiM-ution nf the 
 trust for sale in that l)ebalf contained in sd will, bold sd copy- 
 holds to (name), of, &<:., for £ . On such sale the mines 
 and minerals thereunder were excepted therefrom, under the erroneous 
 iinjjression that the testor was not entitled thereto, and the sd 
 premises have since been surrendered ( (1) without such exception) 
 to the pchr, at the same price as was bid at the sale, and (2) with- 
 out any addition being made to the purchase-money for and in 
 respect thereof. The beneficiaries have agreed to (1) ratify and 
 confirm such sale, and (2) consent to the gratuitous surrender 
 as afsd. 
 
 4. Freeholds — The sd trustees, in pursuance of the i)o\ver contained 
 in the sd will, olfered sd freeholds for sale by auction, whereat 
 A. B., for himself and his brother C. D., bid for (1) lot 1 oi; 
 
 and (2) lot 2 £ , and being the highest l)idder was declared 
 
 the pchr thereof. 
 
 5. Freeholds — Pursuant to, and in order to close the trust contained in 
 the sd will, the sd trustees put up the sd premises for sale by public 
 auction on (date), whereat (name) was the highest bidder for, and 
 declared the pchr of lot 1 for £ , and {names) were the 
 pchrs of lot 2 for dg . The sd lots were on {dates) granted 
 unto sd pchrs. 
 
 6. Freeholds — {Lot 5) 2 freehold messuages, Nos. , in {sit^ia- 
 tion) — Gross annual rental £ . Realised £ 
 
 Lot 6 — 4 freehold messuages, situate in, &c., sold to {name) 
 for £ 
 
 Sale {special circumstances connected ivith) of lot 6 to the said 
 Railway Co. — 
 
 1. ''Notice to treat'' for the sale thereof— This lot was urgently 
 required by the sd Co., to enable them to construct a railway in 
 thisBoro', and we were served (by their solrs) with the sd notice 
 on {date) — 
 
 2. Negotiations (the necessary) w^ere thereupon commenced, and 
 ultimately 
 
 3. A(jrt {an) to sell the premises for £ was duly signed. 
 
 4. '' Handsome price'' therefor: — A much higher price wms olitained 
 f(ir this lot thancouhJ possibly have been obtained under the most 
 favourable circumstances if the property had been jiut up for 
 sale by public auction, and thereby submitted to the keenest 
 competition.
 
 314 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 5. Serious (it had one) drawback from the fact of its being imme- 
 diately contiguous to the river {name), the overflow from which 
 in wet weather oftentimes rendered the houses very objectionable 
 as dwghses. This objection, of course, under the special circum- 
 stances for which the property was required, did not form a 
 serious obstacle, so far as the sd Co. was concerned, inasmuch as 
 it will, in due course, be pulled down, and the site thereof utilised 
 for the purpose of their contemplated railway. 
 
 7. Leasehold (testor's) residence and assignment thereof to pchr : — 
 
 Pursuant to (1) advt inserted in ( papers), and (2) in exercise of 
 the power and trust for that purpose contained in the said will, sd 
 exors put i;p sd premises for sale by imblic auction, whereat Mr. 
 (pchr) was the highest bidder for and declared the pchr thereof at 
 the price of =£ , and the same were afterwards duly assigned 
 
 to him 
 
 8. Leaseholds (4 lots of testor's) : — sold on (date)iis follows: — 
 
 Lot 1. " Inn" and premises (situation), realised 
 
 £ 
 
 Lot 2. 2 messuages adjoining lot 1. Gross annual rental 
 
 £. Eealised £ 
 
 Lot 3. 2 messuages Nos. in (situation) — Gross 
 
 anniial rental £ . Realised £ 
 
 Lot 4. 4 messuages Nos. in (situation) — Gross 
 
 annual rental £ . Realised £ 
 
 The sd lots were valued for " probate-purposes " at the sum of 
 £ , whereas, at the sd sale, in consequence of the keen and 
 
 spirited competition therefor, thev realised the handsome sum of 
 £ 
 
 9. Real estate — vide sub-j^ars. 4, 5, and 6. 
 9a. Residence (testator s) — vide s^ib-par. 7. 
 
 10. Stock (farm) — vide App. S., par. c, sub-par. 3. 
 
 11. Stock-in-trade, &c. — vide App. S.,par. c, sub-par. 3. 
 
 12. Stock-in-trade (residue of intestate's), &c. wa> sold on this date, 
 (1) Anit realised, £ . (2) Payments, £ . (3) Balance. 
 £ , as appears by the annexed " Sale-a/c," marked " B." 
 
 Ill — Sale (attempted " abortive") by public auction of the folloiving pro- 
 perties, &c. — 
 1. Leaseholds (an intestate' s) burihened with an onerous building covt. — 
 The sd leaseholds were offered for sale by auction on this date, 
 in the lots specified in the ''advt of sa'e" thereof hereunto
 
 EEPOETS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 315 
 
 annexed, marked " L," but as the ufters therefor did not reach the 
 "reserves" fixed, (1) same were withdrawn, and (2) the rents 
 thereof have since been collected by Mr. , as agent for, and 
 
 on behalf of the sd adnior {or as the case may be). 
 
 2. Leaseholds (testor's) — The said leaseholds were on this date offered 
 for sale by public auction, but the last bid therefor not reaching the 
 " reserve " same were withdrawn. The rents thereof have since 
 been (1) collected and the ppty managed by an agent, and (2) the 
 amts received appropriated towards the reduction of tlie amt paid 
 by sd exors in respect of the sd mtge debt thereon and int. 
 
 112 — Schedule {information necessary in a) of defendants atjaimt whom 
 writs have been issued for the recovery of outstanding debts : — 
 (1) Date ; (2) Defts' names ; (3) Amount of claims ; and (4) Solr's 
 "observations" as to (a) settlemt-nt of action, or (b) other- 
 wise. 
 
 11;:5 — Schedules {special) recommended in the folloiving cases: — 
 
 1. Accounts {classification of) owing to an intestate wholesale-trades- 
 man at his decease — vide " Winding-up a/cs." ''Somerset H. (?." 
 
 2. Cost {containing j)ariiculars, jjrejjarud by testor, of the original) of 
 his various properties : — 
 
 1. Insertion (jreason for its) — as a guide to the exors in fixing the 
 reserve prices for any particular lot of his estate, if and when 
 sold. 
 
 2. Rarity {its) — It very seldom occurs that such a schedule is 
 prepared by a testor, but in the particular " Eeport " wherein it 
 was included nearly all the property therein comprised was (1) 
 erected and (2) a very strict a/c of his expenditure in respect thereof 
 kept by him. 
 
 3. Utility {its general) on the folloiving grounds, viz. :— 
 
 1. Reserves {in fixing), &c. — The general adoption of this course by 
 testors who have (1) erected or (2) purchased property may 
 possibly be of some service to their exors, when they attempt to 
 sell it, as the information derived therefrom woidd, doubtless, 
 materially assist them in fixing the reserves therefor. 
 
 2. Per-centage (from it they will be able to estimate accurately what) 
 the property pays. 
 
 3. Sale {if a) by private treaty is attempted, and a bid is made 
 therefor, sd schedule will influence their judgment as to the (1) 
 reasonableness, or (2) otherwise of the price uttered. 
 
 4. Serviceable, &c. — the idea is novel, but it has l>ten deemed (it is
 
 316 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 trusted rightly) wortliy of incorporation herein, in the hope that 
 it may prove serviceable. 
 
 3. Papers {estate), for examination by the Admix, in the special case 
 referi'ed to in par. c, pp. 43-5 incl. 
 
 4. Payments (detailed) made by the exors on account of the estate. 
 
 5. Receipts (detailed) by the exors on the estate-account. 
 
 114 — Settlement (1st) under which testors leaseholds are acquired: — 
 
 By Settlement of this date, and expressed to be made between 
 (A. B.) of the one part and tester and (C. D.) of the other part. 
 After reciting as follows, viz. : 
 
 1. That sd A. B. was possessed of certain premises thereinafter 
 described, and expressed to be thereby assigned for the residue of a 
 term of (No.) years thrinafr mentd, subject to the (1) rent reserved 
 by, and (2) reservations, and (3) lessee's covts and agrts contd in 
 the Lease thrinafr mentd, but free from all other incumbrances, 
 and 
 
 2. That sd A. B. was desirous of assuring and settling sd j^remises in 
 manner thereinafter appearing, 
 
 It is ivitnessed that for effectuating the sd desire, and in conson of 
 5, - to sd A. B. paid by sd tester and M. B. (receipt acknowledged), 
 sd A. B. thereby assigned unto sd tester and M. B., their exors, 
 ads, and assns, All that one equal undivided moiety, or half part, or 
 share of sd A. B. of and in (1) All that plot of land, &c. (copy parcels 
 from sd lease verbatim), and containing in the whole sup sq yds, 
 
 or thereabouts (be the same more or less), delineated in the plan 
 drawn upon (or in the margin of) a certain demise or lease, dated 
 (date), and made between (parties), and therein edged (except 
 
 and reserved as thrin mentd) And also of and in (2) all those 
 messuages, &c., and all other buildings erected upon the sd described 
 plot To hold same (except and reserved as afsd) unto sd tester and 
 M. B., their exors, ads, and assns, thenceforth for residue of said 
 term of years, granted thrin by sd lease (1) subject nevless as 
 
 in such lease is mentd, and (2) to the payment of (a) one moiety 
 only of the yrly rent of £, , reserved by, and (b) the reserva- 
 
 tions, (cj lessee's covts and condons contd thrin, and henceforth to 
 be perfd and observed by sd A. B., his exors, ads, or assns, in respect 
 of the thereby assigned pi'emises. 
 
 Declaration that sd and survivor of them, his exors, ads, 
 
 or assns, or other the trustees, or trustee for time being, of sd 
 Settlement, should stand possessed of the thereby assigned pre-
 
 REPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 317 
 
 mises, (1) upon the trusts, and (2) for the intents and i»ur]»oses 
 hereinafter declared concern in <:,' same, that is to say (co/^y iruntx^ d-r.). 
 
 114a — Sefflement {2n(l) under which ti'sfor acquired a moieiij of (mother 
 lot of leaseholds. 
 
 Bj Settlement, dated (date), and expressed to be made betn sd 
 A. B. of the one part, and sd tester and M. B. of the other part, 
 a moiety of anotlier leasehold (1) plot of laud, and (2) the mes- 
 suages and buildings thereon {specify parcels as before) was settled 
 upon the same trusts, &c., as were declared in the preceding case. 
 
 11-5 — Siirrender of a Lease by a deced Lessee's Executrix to Lessor: — vide 
 par. 8, p. 209. 
 
 116 — Tenancy (as to lettijig testors house for the residue of his) therein : — 
 
 Mr. , of, &c., agreed on this date to (1) take the house 
 
 formerly occupied by the testor for and during the residue of his 
 
 tenancy therein, from (date to (date), and (2) to pay to them £ , 
 
 as and for the rent thereof, free from all deductions. 
 
 117 — Tender of (1) ppal., (2) interest, and (3) costs to the mtgee's 
 solr : — vide par. 28, suh-par. 4 (5-5). 
 
 118 — Vahiation (as to a) of fixtures in and about demised works, as 
 between (1) a deced's lessee's executrix and (2) intending purchasers 
 thereof. 
 
 Pursuant to the terms of the sd agrt, (1) a valuation of the sd 
 machinery was made and taken by (a) Mr. , of, «fcc.. Iron- 
 
 founder (lessor's nominee), and (b) Mr. , of, &c., (lessee's 
 
 nominee), and (2) same amounted to £, , which was received 
 
 by the lessor on (date). 
 
 119 — Warning to a Caveat issued on behalf of 3 intended Admors : — vide 
 pars. 29/31 incl. and 71. 
 
 119a — Writ of Summons issued for an a/c against an Appointee under a 
 Power of Attorney for the sale of an estate in America (vide pars. 
 89-90) claiming the folio iviug, viz. : — 
 
 1. Account (for an) of all moneys received by the deft as afsd. 
 
 2. Accou7it (amotmt ivhich might be found due on taking such): — an 
 order for payment thereof. 
 
 3. Costs (for the) of the action, and 
 
 4. Delivery to pit of all deeds, documents, a7id 2>ap('rs (1) relating to 
 the sale of the sd ppty, or (2) in anywise connected therewith, or 
 (3) whereof he obtained possession by virtue of sd ]io\vers. 
 
 120 — Writ (sd) of Summons: — result of Agent's Correspondent's efforts to 
 serve same.
 
 318 EEPORTS (solicitor's SPECIAL) TO BENEFICIARIES, ETC. 
 
 1. Letter ou this date that (1) deft was in America, and (2) his wife 
 still at his address, but, unless evidence was obtainable that she is 
 acting under a Power of Attorney from him, it would be difficult to 
 obtain an order for substituted service of the copy writ. 
 
 2. Report {subsequent) : — that he had made (1) every possible inquiry 
 as to deft, and (2) found that all the family had left for America, 
 after selling all they had. Under these circumstances further pro- 
 ceedings will be useless. 
 
 121 — (1) Writs of Summons issued for the recovery of outstanding hook- 
 debts Giving to an Admix, and (2) information for a Schedule (to be 
 kept by Soli-), ichere the outstanding ajcs are (a) complicated and 
 numerous (vide special case, p. 43, par. C, sub-par. 3). 
 
 During the course of the collection of the intestate's book-debts, 
 it became necessary to issue writs to recover the amts alleged to be 
 due from the undermentioned debtors, viz. : — vide par. ''■ Admon" 
 p. 44, par. 5 (1 to 4 incJ.) and B. 1-2.
 
 APPENDIX S. 
 
 (a) Sale ((1) preliminary negotiations through a "transfer- 
 agent" for a) '{/ <"' iiifi'xtdtf triiiJi:<i)t(Ui's Stork--i>t-tra<li\ rfv., hi/ jirivatf 
 treaty and (2) conclusion thereof: — vide (1) " Administration," pp. 40/2, 
 jmrs. 5/11 incl, and (2) " Evidence" pp. QOjl, par. 9, sub-pars. 1 and 2. 
 
 (b) Sale of the business formerly carried on hy testator (a Joiner, 
 Builder, and Timber Merchant). 
 
 N.B. — The following- special case briefly exemplifies tlie exact 
 course to be adopted in relation to the circumstances indicated bv 
 the undermentioned dealings with the business premises (Saw Mills 
 and Timber Yard) of the sd testor. 
 
 1 — Agreement (an) for a Lease of the sd premises : — Where an exor 
 agrees to (1) grant sd lease, and (2) sell to lessee the fixtures 
 engines, machinery, utensils, tools, implements, articles, and thiiiirs 
 employed or used in carrying it on, it is customary to have a 
 Valuation of the latter made and taken by 2 Valuers, one chosen by 
 the lessor and intended lessee resply. 
 
 2 — Assignment (an) to lessee of sd fixtures, &c. 
 
 3 — Mortgage (lessee's) of sd (1) fixtures, (2) works, etc., to secure amt of 
 valuation of fixtures. 
 
 4 — Agreement for a lease of sd works between (1) deced lessee's widow 
 (as (a) residuary legatee and (h) sole extrix under his will) an 1 
 (2) pchrs of sd fixtures. 
 
 5 — Surrender of 1st lease by lessee's extrix to lessor. 
 
 6— Lease {new) gi'anted ])y lessor to new lessees. 
 
 (c) Sale by public auction of the following properties of the 
 deceased : — 
 
 1. (1) Copyholds, (2.) freeholds, and (3) leaseholds: — advt of sale. 
 
 2. Furjiiture (household) and effects : — vide " Fees," &c. 
 
 8. Stoch-in-trade .-—Auctioneer's detailed a'c of the proceeds of sa'e 
 thereof must be required, as soon as practicable thereafter, for (1) 
 perusal and (2) approval by the exors, and (3) ultimately by the 
 beneficiaries resply, and the balance payable thereunder must be 
 obtained without delay. 
 4 — Wasting ppty included in a general residuary bequest, ^-r. (Brown v. 
 Gellatly) : — vide p. 194, par. 20.
 
 320 SALES BY (1) EXORS., AND (2) TRUSTEES : PROCEDURE. 
 
 (d) Sale (including completion thereof) of (1) freeholds 
 and (2) leaseholds respectively— «?i'^«&t/icaZ schedule of all the (a) 
 
 procetdiin/s iueideidal thereto, and (b) documents required therein. 
 
 1 — Plans of the various lots, &c., intended to be offered for sale, to be 
 
 preijared by a Surveyor. 
 2 — Particulars (detailed descriptive) of the said lots. 
 S — Auctioneer's agreement as to his " Commission " on (1) sale, or (2) 
 
 withdrawal of lots respectively. 
 4 — Advertisement of sale — for insertion in (1) local, and (2) other 
 
 necessary papers. 
 5 — Valuation of lots (signed by Valuer, on a "newspaper-cutting" of 
 
 advt of sale), to enable exors to fix " reserves," or upset prices 
 
 therefor, 
 6 — Abstracts of title — (1) preparation, and (2) submission thereof (if 
 
 necessary), to a "Conveyancer"; any copy plans or tracings, 
 
 required to verify the measurements, must be sent therewith. 
 7 — (1) Conditions ( (a) general and (b) special) of sale, and (2) 
 
 particulars. 
 8 — Biddings (list of) to be taken by the Vendor's Solicitor. 
 9 — Contract of sale — signed by (1) Vendor and (2) Purchaser, or (3) 
 
 their respective duly authorised Agents. 
 10 — Receipt (a) for the deposit (usually ^10 p. c. on the purchase-money), 
 
 is signed by (1) the Vendor or (2) his duly authorised agent. 
 11 — " Report " (a short) of the result of the sale is now usually inserted 
 
 in the local papers. 
 11— Letters ( (1) Pchr's Solr to Vr's Solr and (2) V. S. to P. S.) (a) 
 
 for, and {b) with an appt to examine title deeds with abstract 
 
 thereof. 
 12fl — Letters {for the various) connected with, or incidental to a sale: — 
 
 vide " The Legal Correspondent '^ (part 1). 
 13 — Requisitio7is and observations on the Title are sent by the Pchr's 
 
 to the Vr's Solr — add, when necessary, ^'without prejudice to the 
 
 purchaser. '' 
 14 — Replies (Vendor's Solr's) to the said Requisitions, &c. 
 15 — Conveyance {draft) is (1) drawn by Pchr's Solr, and (2) sent by 
 
 him for (a) perusal, and {b) apjiroval by the Vr's Solr. 
 16 — Licence (a) to assign leaseholds (if necessary) must be obtained. 
 
 1. Lessor's agent to exors of a deced lessee : — vide ])]>. 118/19, 
 par. 9 (1). 
 
 2. Trustees under a will, as reversioners, &c., 119 20, par. 9 (2).
 
 SALES BY (1) EXORS., AND (2) TRUSTEES : PROCEDURE. '^'2\ 
 
 17 — Conveyance (engrossment of draft) for (1) examination liv the 
 Vendor's Solr, and (2) subsequent exon by the Vendor. 
 
 18 — Searches (result of) for specified incumbrances, &c. : — vide par. 61, 
 suh-2)ar. 6 (1 to 17 incl.), pp. 236-7. 
 1. Official certificate thereof frees Solicitor from responsibility (45/fi 
 V." c. 39, s. 2) : — vide par. 61, sub-par. 8, p. 236. 
 
 19 — " Apportionment acct *' of (1) rates, (2) taxes, and (3) other out- 
 goings, &c., required thereon : — vide App. W. " Accounts, <£-c." 
 
 20 — Appointment (an) for comjjietion of the [turchase is arranged 
 between the respective Solicitors. 
 
 21 — Avthoritij (pchr's) to Auctioneer (on completion) to pay over to 
 Vr amt of deposit paid at sale, unless, as is the usual practice, it 
 has already been (1) paid to, and (2) retained by Vr's Solr, until 
 completion. 
 
 22 — Schedule (a chronological) of the title deeds handed over by Vr is 
 (1) signed by the Pchr and (2) retained by the Vr. 
 
 23 — Authority (Vrs) to tenants of purchased premises to pay rents 
 (after completion of purchase) to (1) Pchr, or (2) his duly autho- 
 rised agent. 
 
 24 — Receipt (as to a written) of trustees, on payment of purchase money 
 to them : — vide par. 61, sub-piar. 5a (1-2), j>. 235,
 
 APPENDIX S 1. 
 
 N.B. — Vkle App. A. 3, p. 52, for the author's reason for the non- 
 incorporation in full, in the text, of the majority of the following 
 statutes. 
 
 (A) Administration :—vicle App. A. 3 (pp. 52/4, pars. 1 to 16 
 incl) for an alphabetical schedule of the principal practical statutes 
 affecting or relating to Admon. 
 
 (B) (1) Charities and (2) Mortmain:— 4 amending Statutes 
 
 relating thereto. 
 
 I— Charitable Trusts (Recovery) Act, 1891 (54/5 Y. c. 17). 
 
 la — Moiimain and Charitahle Uses Act, 1888 : — vide App. L. 1, p. 170, 
 
 par. la. 
 2— Mortmain and Charitahle Uses Ad, 1891 (54/5 V. c. 73). 
 S— Trustees Appointment Act, 1890 (53/4 Vict. c. 119). 
 A^WorUng Classes D^vellings Act, 1890 (53/4 Vict. c. 16). 
 
 (1) "Charitable Trusts (Recovery) Act, 1891." 
 
 1 — Amount (maximum annual) recoverable — The gross annual income of 
 the ppty must not exceed d£20. 
 
 2 — Expenses (the) of the Board of Charity Commrs for England and 
 Wales of and incidental to the proceedings specified in sub-par. 5, 
 shall be paid in like manner as if they were costs of the Atty-G-enl 
 in a charity matter (s. 3). 
 
 3 — Payment (the effect of (a) any yearly, or (h) other periodical) in 
 respect of any land, for or to the benefit of (1) any charity or (2) 
 charitable purpose, for 12 consecutive yrs : — such payment is to be 
 deemed, subject to any contrary evidejace, prima facie evidence of 
 the perpetual liability of such land thereto, a7id no proof of the 
 origin of such payment shall be necessary. 
 
 4 — Proceedings by the sd Board : — vide sub-par. 5. 
 
 5 — " Recoverers " thereof : — Where it appears to sd Board that proceed- 
 ings should be instituted (in order to prevent the loss of) any 
 chai'itable funds or ppty (the gross annual value whereof does not 
 exceed d£20), payment whereof is withheld, such Board may itself 
 (subject to sub-jjar. 7), with the Atty-Genl's sanction, institute same 
 on behalf of such charity. 
 
 6 — Title (full) thereof — "An Act to facilitate the recovery of (1) rent- 
 charges, and (2) other payments owing to charities."
 
 STATUTES (practical). 323 
 
 7 — Trustees ('* reenrerers^^ thereof where there are either (Y) no), nr (2) 
 they are uinrUJlmi to institute proceed i/itjs — ride siib-j>or. 5. 
 
 (2) "Mortmain and Charitable Uses Act, 1891" (-54.'', v. 
 
 c. 73.) 
 
 1 — Acquisition ( (a) irhenand (h) hi/ whom an onler sanetionimjthe) of /and 
 mai/ be made (ss. 7 and 8) :— The (1) Charity Commrs, or (2) High 
 Ct of Justice, or (3) a judge thereof at Chambers, if satisfied that 
 land (a) assured bv will for or to any charitable use, or (h) proposed 
 to be purchased out of pslty directed to be laid out in tlie ]>urchase 
 thereof, is required for actual occupation for charity purposes. 
 
 2 — Application (its) : — only to the will of a testor dying after 5th 
 August, 1891. 
 
 3 — Assurance (an) of land by will (1) to or (2) for the benefit of any 
 charitable use is legal. 
 
 4 — " Laud " (the definition of) in the Act of 1888 is thereby re])ealed. 
 
 5 — " Land " (statutory definition of) hereunder — tenements and here- 
 ditaments, corporeal or incorporeal, of any tenure, but not (1) 
 money secured on, or (2) other pslty arising from or connected with 
 land. 
 
 6 — Retention ( (a) tvhen and (b) by whom an order sanctioning the) of 
 land may be made (ss. 7 and 8) : — vide snh-par. 1. 
 
 7 — Sale (time limited for) of such land, notvnthstanding anything in irill 
 to contrary: — within one yr (unle.'is extended as mentd in sub-jHir. S) 
 from tester's death. 
 
 8 — Sale (3 alternative modes of extension of the year for the sd) : — by the 
 (1) Charity Commrs, (2) High Court of Justice or (3) a judge 
 thereof at Chambers (ss. 3 and 4). 
 
 9 — Trustees (other) may, if necessaiy, be appointed by the sd crs in lieu 
 of " removed trustees." 
 
 10 — Unsold (land) upon expiration of time limited for sale: — (1) the 
 same Avillvest forthwith in the "Official Trustee of Charity Lands," 
 and (2) the crs must take all necessary steps for the sale thereof by 
 the trustees, and (3) for such purpose may, if necessary, (a) remove 
 latter and (h) appoint others, and (4) provide by any such order 
 for payment of proceeds of sale to the " Offl Trustee of Charitable 
 Funds " in trust for the charity (s. 6). 
 
 11 — Uses, &c.— Any pslty which is, by will, directed to be laid out in 
 the purchase of land " (1) for the benefit of, or (2) to any charitable 
 uses," must be held for or to such uses as if there had been no 
 such direction.
 
 324 STATUTES (practical). 
 
 (3) " Trustees Appointment Act, 1890 " (53 4 V. c. 19). 
 
 1 — Objects (its) — to facilitate the appointment of new trustees of land 
 
 held in trust for (1) educational or (2) religious purposes. 
 2 — Purposes ( (1) educational or (2) religious) included therein. 
 
 1. Burial (a) ground. 
 
 2. (1) Education (a place for the) and (2) training of students, whether 
 for (a) the ministry or (b) any other j)urpose. 
 
 3. (1) Expenses (an endowment or provision fo-- the) connected with, 
 or (2) the maintenance of a place of religious worship, or (3) its 
 minister. 
 
 4. Residence (a) for the care-taker of (1) a meeting-house, (2) offices, 
 or other buildings in connection with, or for educational or 
 religious purposes, or (3) a place of religious worship, or (4) a 
 school-house. 
 
 4a. Residence (a) for (1) a minister or (2) schoolmaster. 
 
 5. School (a) house for (1) a day, (2) Sunday, or (3) other school. 
 
 6. Students (a place for the (1) education and (2) training of), itc. — 
 vide sub-par. 2. 
 
 7. Worship {religious) : — a place therefor. 
 
 3 — Scotland {the Act does not extend to) — s. 8. 
 
 4 — Statutes {powers conferred by prior) incorporated thereunth. 
 
 1. (1) " Conveyancing and Law of Property Act, 1881 " (44/5 V. c. 41), 
 or (2) any other statutory power for the same purpose : — the power 
 for the appt of new trustees thereby conferred shall apply to 
 all land held on trust for any purjjose to which the Act applies 
 (s. 3). 
 
 2. " Peto's Act " (13/14 V. c. 28) — the enactment therein contained, 
 whereby any (1) assurance or (2) cyce of land thereunder effec- 
 tually vested it in the {a) continuing or {b) new trustees, shall 
 effectually vest it, in like manner, in every case where trustees are 
 appointed under (1) the " Trustees Appt Act, '90," or (2) *any other 
 statutory power exercisable with respect to trusts to which this 
 Act applies. 
 
 5 — (1) Trustee {who shall be deemed to be the duly appointed statutory) 
 or (2) trustees : — After the expiration of 6 mos from the date of 
 any instrument purporting to appt trustees under the Act, the 
 person or persons thereby apptd shall, for the purpose of any (1) 
 mortgage or (2) sale, be deemed, &c., unless within such peiiod pro- 
 ceedings have been taken to set aside the appt {s. 6). 
 
 6 — Trustee's {time within which a) appt may be set aside — vide suh-par. 5.
 
 STATUTES (practical). 325 
 
 (4) ''Working Classes Dwellings Act, 1890" (53 4V. c. 16). 
 
 Exemptions {statttfory) from the Mortmain Act. 
 
 1 — Acreaije : — thf <jimntity <>f land assured by will must not cxci »'<1 •'» 
 
 acres. 
 2 — Enrolment {time and place of) of (1) deed or (2) will, if the land, in in 
 
 (a) England or (b) Wales: — within 6 months, in the Charity 
 
 Commrs' books. 
 -i — Enrolment, &c., of deed, if the land is in Ireland : — same miist, within (i 
 
 months after exon, be registered in the office for registering deeds in 
 
 Dublin. 
 4 — Gifts exempted — Gifts (whether made by (a) deed or (b) will), of (1) 
 
 land, or (2) pslty to be laid out in land, for the purpose of providing 
 
 dwellings for the working classes in any popidons place. 
 5 — " Poptdons places" — this expression in the Act means the (1 ) 
 
 administrative county of London, any (2) municiijal borough, (3) 
 
 urban sanitary district, and (4) other place having a dense ])i>pula- 
 
 tion of an urban character. 
 6 — Requisites (statutory) : — vide sub-pars. 1, 2, 3, and 4 respectively. 
 
 (C) (a) Executorships and (b) Trusteeships :—an alphabetical 
 
 Schednle of the principal Practical Statutes relating thereto. 
 
 1 — Apipointments to (1) personalty and (2) realty xuider powers. 37/8 
 
 V. c. 37. 
 2 — " Appoiiionment Act'' is inapplicable to 2 specified cases — vide 329. 
 3 — Apportionment Acts, regulating the apportionment of CI) annuities, 
 
 (2) periodical payments of income, and (3) rents — {a) 4 5 Wm. 4, 
 
 c. 22, and (&) 33/4 V. c. 35 -.—vide pars. 9-9a, pp. 183-5. 
 4 — Auction (sales by public) of estates — (1) 30/1 V. c. 48, and (2) 
 
 37/8V.C. 78. 
 5 — Chancery Court Funds Act — 35/6 V. c. 44. 
 5a — Charitable Trusts {Recovery) Act, 1891 — vide ante B. 1 (1-7). 
 6 — Confirmation of sales by trustees. 25/6 V. c. 108. 
 7 — (1) Conveyance, and (2) transfer of trust jtroperty. 13 14 V. c 6U. 
 8— Debts ((1) Coi>yholds and (2) Freeholds made assets for)— (1) 3^4 
 
 Wm. 4, c. 104, amended by (2) 11/12 V. c. 87. 
 9 — Debts of deced persons — the distinction between (1) simple .-r.ntract, 
 
 and (2) specialty debts was abolished by 32/3 V. c. 46. 
 10— Debts (payment of) out of realty— (1) 11 Geo. 4 it 1 Wm. 4, c. 47 ; 
 
 (2) 2/3 V. c. 60 ; (3) 11/12 V. c. 87 ; (4) 17/18 V. c. 113 ; (5) 30/1 
 
 V. c. 69, and (6) 40/1 V. c. 34. 
 11 — Dividend {transmission of) icarranis by post — (1) 34 5 V. c. 29
 
 326 STATUTES (practical). 
 
 and (2) 43 V. c. 13; (3) 45 '6 V. c. 61, s. 95 (vide par. 32, pp. 
 210-11). 
 
 12— Dividends { payment of )—(\) 24 V. c. 29 and (2) 43 V. c. 11. 
 
 13— (1) Dividends (public) and (2) Stock— SS 4 V. c. 71. 
 
 U— Investment (Savings Ba7ik)—(1) 26/7 V. c. 25 ; (2) 32 3 V. c. 59 ; 
 and (3) 40 V. c. 13. 
 
 15—Livestme7it of trnstftinds—(l) 4 5 Wni. 4, c. 29; (2) 10/11 Y. c. 96 
 (better security) ; (3) 22 3 V. c. 35 ; (4) 23/4 V. cc. 38 and 145 ; (5) 
 27/8 V. <3. 114 ; (6) 30y 1 V. c. 132 ; (7) 345 V. cc. 27 and 47 
 (in Debenture Stock) ; (8) 38 9 Y. c. 83; (9) 47 8 Y. c. 63; (10) 
 51/2 Y. c. 59 (" Trustee Act," 1888), and (11) 52 3 Y. c. 32 (" Trust 
 Funds Investment Act" 1889), and (12) " Trustee Act" 1893— fl« 
 abstract of which is hereinafter set forth in App. T. & T. D. 
 
 15o—Paiinership Act, 1890—53 4 V. c. 39 (vide App. P. ''Partner- 
 ship," pars, a and b, pp. 251-3 incl.). 
 
 16— Relief &c., of trustees— (\) 10/11 Y. c. 96 ; (2) 12 13 Y. c. 74; (3) 
 13/14 Y. cc. 35 and 60 ; (4) 15/16 Y. c. 55 ; (5) 22/3 Y. c. 35 ; 
 (6) 23/4 Y. c. 145 ; and (7) 44 5 Y. c. 41. 
 
 17 — Besidtte (testator s undisposed of) — 11 Geo. 4 tt 1 "Wm. 4, c. 40. 
 
 18 — Sales (confirmation of) by trustees — 25 6 Y. c. 108. 
 
 19—" Trustee Acts (1) 1888," and (2) 1893 -.-vide abstracts, supra " T." 
 & " T. D." 
 
 20—" Trud Funds Investment Ad, 1889 " —vide supra "J." 
 
 (D) Miscellaneous (an alphabetical Schedule of the principal 
 practical) Statutes affecting* or relating to the following sub- 
 jects, viz. :— 
 1 — Accidents (compensation, recoverable under " Lord Campbell's Act," 
 
 for) arising from negligence : — vide sub-sect. Da 1 hereof. 
 \a — Arbitration (statutory) as to compensation for a raihvay accident : — 
 
 vide sub-sect. Da la hereof. 
 Ib—Attornies in probate, &c.—(l) 20/1 Y. c. 77, and (2) 21 2 Y. c. 108. 
 2— Burial (Boroughs) Jc^— 17/18 Y. c. 87. 
 3 — Burial of drovmed persons — 49 Y. c. 20. 
 4—Bvrial (General) Acts—(1) 16/17 Y. c. 134 ; (2) 18 19 Y. cc. 66/128 ; 
 
 (3) 20/1 Y. c. 81 ; (4) 22 V.c. 1, and (5) 34 5 Y. c. 33. 
 5 — Burial Laws Amendment Act, 1880 — 43/4 Y. c. 41 ; 44 Y. c. 2. 
 Cy— Burial (Metropolitan) ^cf— 15/16 Y. c. 85. 
 7 — Burial of the body of a " suicide" or felo cle se — 45 6 Y. c. 19. 
 
 (1) Interment (mode of ) thereof : — It may now be made in any of tLe 
 
 modes authorised bv the "Burials Act, 1880."
 
 STATUTES (practical). 327 
 
 (2) Bites (Christian) thereon : — Nothing therein contained shall iiutho- 
 
 rise the performance thereof. 
 8— Burials (registration o/)— (1) 27/8 V. c. 97, and (2) 44 V. c 2. 
 9— Catholic (^Bovian) bequests— (!) 2/3 Wm. 4, c. 115, and (2) 18,19 V. 
 
 c. 86. 
 10 — Death (registration of) : — vide "Registration Acts," sub-jjar. ly. 
 11— Dower— (1) 3/4 Wm. 4, c. 105, and (2) 23/4 V. c. 126. 
 12 — Duties payable by (a) an admor, (b) exor, (c) legatee, or (d) 
 
 successor : — 
 
 1, " Customs and Inland Bevenue Act, 1888, s. 21, containing an 
 important amendment in the law relating to succession duty: — 
 vide " Somerset House Guided 
 
 2, Legacy duty is regulated by Statutes, viz. : — (1) 8/9 V. c. 76 ; 
 
 (2) 16/17 V. c. 51 ; (3) 28/9 V. c. 104, s. 53 ; (4) vide sub-par. 
 13a. 
 
 3, Succession Duty :—(\) vide sub-par. 1; (2) 16/17 V. c. 51; (3) 
 28/9 V. c. 104; and (4) 31/2 V. c. 124, s. 9 (interest on arrears, 
 &c.) : — vide siib-par, 13a. 
 
 IS— Escheat Procedure Act, 1887 (50/1 V. c. 53). 
 
 13a — (a) Legacy (Statutes regulating the) and (b) Succession duties on thf 
 following properties, viz. : — 
 
 1. Intestacies (on ppAy passing tinder the) of persons dying on or after 
 1st July, 1888 .—(1) 36 Geo. 3, c. 52 ; (2) 16/1 7 V. c. 51 ; (3) 44 V. 
 c. 12 ; (4) 51 V. c. 8 ; and (5) 53/4 V. c. 29. 
 
 2. Succession duty on ppty passing under deeds by the deaths of 
 persons dying on or after 1st July, 1888: — vide sub-par. 1. 
 
 3. Wills (on ppty passing under the) of persons dying on or after 
 1st July, 1888 : — vide 1st 4 Acts mentioned in std)-par. 1. 
 
 14,— Probate Court— (1) 20/1 V. c. 77, and (2) 21/2 V. c. 95. 
 
 1^— Proctors— (1) 20/1 V. c. 85, s. 63 ; (2)23/4 V. c. 127; (3)24/5 
 
 V. c. 10 ; and (4) 33/4 V. c. 97. 
 16 — Proctors in the Provincial Ecclesiastical Courts — 44 5 V. c. 59. 
 17 — Bailway (securities issued by a) Company — 29 30 V. c. 108. 
 18— Begistrations ((1) Births and (2) Deaths) Act, 1874 (37/8 V. c. 88). 
 18rt— " Begistration Acts "—(1) 6/7 Wm. 4, c. 86 ; (2) 1 V. c. 22 ; and 
 
 (3) 37/8 V. c. 88. 
 
 19— Begistration of deeds, &c., in Yorkshire— (1) 47, 8 V. c. 54 ; (2) 48 
 
 V. c. 4 ; and (3) 48/9 V. c. 26. 
 20— Boman Catholic bequests— (1) 2/3 Wm. 4, c. 115, and (2) 18 l!* V. 
 
 c. 86.
 
 328 STATUTES (practical). 
 
 (Da) Accidents (compensation, recoverable under " Lord 
 
 Campbell's Act " (9 & 10 Vict. C. 93) for)— arising from negli- 
 
 ijtiice : — 
 
 1 — Beneficiaries (when the action may be bronyht by the), or persons bene- 
 ficially interested, under and by virtue 0/ 27/8 V. c. 95, s. 2: — Wliere 
 no a/c is brought by the admor or exor within 6 mos from date of 
 death of person killed. 
 
 2 — " Benefits" {examples of the pecuniary) for loss whereof damages have 
 been given: — (1) annuity (an), (2) education (benefit of), (3) main- 
 tenance, (4) provision (an expected pecuniary) : — (a) Pym v. Great 
 Northern By Co., (32 L. J., Q. B. 377 ; (b) Bowley v. London and 
 North-Western Btvay Co. (42 L. J. Ex, 153.*; 
 
 3 — ^^ Defendants''^ thereunder : — (1) a cab, or (2) omnibus proprietor, or 
 (3) any other person causing an accident, or (4) railway or (5) 
 other CO. 
 
 4 — Evidence or ^^ proof " required in suppoH of a/c : — as the Act only 
 gives compensation for direct pecuniary injury sustained, it must be 
 shown what pecuniary benefit the pit could (1) have claimed, or (2) 
 reasonably expected, from the deced, if he had not been killed : (a) 
 Franklin v. South-Eastern Bway Co (3 H. & IST., 214 ; (b) SyJces v. 
 North-Eastern Bway Co (44 L. J., C. P. 191). 
 
 5 — Injury (nature of, statutory " actionable "; — vide sub-par. 4. 
 
 6 — Limitation (statutory) of time wherein deceased's (1) admor or (2) exor 
 must sue ; — vide sub-par. 1. 
 
 7 — Loss (nature of ) for which damages are awardable : — vide sub-par 2. 
 
 8 — '■'■Negligence" (actionable) : — vide sub-par 12, 
 
 9 — Object of Act: — to compensate families of persons killed by acci- 
 dent. 
 
 10 — Payment into Ct : — Dft may pay into Ct (as compensation), such 
 sum as he considers, or may be advised, sufficient to cover the pit's 
 claim. 
 
 11 — Payment (statutory result of (1) p>lfs 7ion-acceptance of sd), and (2) 
 jury's subsequent verdict that it is sufficient : — Dft will be entitled to 
 latter upon that issue (27/8 V. c. 95, s. 2.) 
 
 12 — "Plaintiffs " thereunder : — (1) the widow, or (2) children, may sue for 
 cpson, if (a) her husband, or (b) their father, or (c) other relative 
 on whom they, in any way, dejiended for subsistence, has been killed 
 through the negligence of the (1) ps or companies nimed in sub-par 
 3, or (3) servants of them. 
 
 12a — Plaintiff's (other) thereunder : — (1) a sister, or (2) other relative so
 
 STATUTES (practical). 8*25> 
 
 (lepeuilont on (a) her lirotlifr, or (/>) other persim whd may have 
 been killed, may sue for epson. 
 13 — Verdict (jiirifs) that dcfVn ^^ pnyment into Ct is siijfirit'ut" : — cidf 
 sub-par. 11. 
 
 (Da 1) "Apportionment " (statutory) of (1) annuities, (2) 
 periodical payments of income, and (3) rents :— 
 
 \~" AjJjit. {the) Ad, 70 (33/4 V. e. 35) jn-ovides tliat sudi payments 
 reserved (a) by writing, or (h) otherwise, are (1) considered as 
 accruing from day to day, and (2) shall lie ajtportionable accord- 
 ingly (ss. 2, 6, and 7). 
 
 2 — E.g. — Dividends (if) on a sum of Consols are (a) given to A. for life, 
 and (b) he dies on Michaelmas-day, his exors are entitled (liy force 
 of sd Act), unless the contrary is expressly stipulated, to as mu<h of 
 the January divd. as had accrued up to M. D. 
 
 3 — Inapplicable (Apportionment Act is) to 2 specified cases: — 
 
 1. Policies (life assurance) : — annual payments thereon. 
 
 2. Stipulation (in cases of express) : — that no ajijit. shall take jilace 
 (ss. 6/7). 
 
 4 — Lessor's (effect of a) death in middle of a \ yr, as reyards rent then 
 due : — 
 
 1. E.g. — if A, seized in fee (1) grant a lease, (2) reserving rent, ])ay- 
 able ^ yi'ly, and (3) dies in the middle of a ^ yr, the ^ yr's rent will 
 be apportioned, unless the contrary be declared. 
 
 2. (rt) Devisee (obligations, remedies, and rights of A/.s), or (b) heir. 
 
 1. Portion accruing after sd death belongs to such devee or heir. 
 
 2. Recoverable (apptd. pt. is) from him by les.sors psnl. repre. 
 (ss. 2, 4). 
 
 3. (1) Recovery, and (2) rect. by him of entire \ yr's rent. 
 
 4. Repre. (rights of sd) : — betakes portion due njito death, r.'cover- 
 able as afsJ. 
 
 (Da. la) Arbitration (statutory) as to compensation for a 
 railway accident. 
 
 I— Act relating thereto :— 31/2 V. c. 119, s. 25. 
 
 2 — Appointors (arbor's) : — the Board of Trade, if they see tit. 
 
 3 — Cases: — where a person has been (1) injured or (2) killed by sd 
 
 accident. 
 4. Determinable (question) thereunder: — cjjson (if anyj, payable by co.
 
 APPENDIX T. 
 
 TRUSTEESHIPS, &c. 
 
 Preface. 
 
 1 — Adhiitdstration (first condition for the successful) of a trust estate : — 
 that the law should be thoroughly understood ; hitherto this has 
 been by no means so simi^le a matter as it ought to be. 
 
 2 — Care (as to a trustee's duty to exercise ordinary), like an ordinarily 
 cautious and prudent bitsiness man u-ould act in his own affairs. 
 1. Lindleys [Lord Justice) recent " dictum " thereon: — while accepting 
 the latter rule, he expressed the opinion that, in applying it, care 
 must he taken not to lose sight of the following facts, viz. : — 
 
 1. Business {that the trustee's), unlike that which the ordinarily 
 prudent business man is supposed to be conducting for himself, 
 is that of investing money for the benefit of persons who ai'e to 
 enjoy it at some future time, and not for the benefit of the hfe- 
 tenant, or person entitled to the present income. 
 
 2. Duty (a tree's) is not to take such care only as a prudent man 
 would take, if he had only himself to consider. 
 
 8. Duty (his) is rather to take such care " as an ordinarily prudent 
 man would take if he wei'e minded to make an investment for the 
 benefit of other people for whom he felt morally bound to 
 provide " — a standard far different from that popidarly supposed to 
 he the guide for trustees. 
 'S — Consolidation (hy the " Trustee Act, 1893,") of the existing Statutes 
 relating to (1) trusts, and (2) trustees : — A considerable step 
 towards improvement has been thereby made, hut it deals only tvith 
 the .statute hnr thereon (as existing prior to its enactment on the 12nd 
 Sept. last), without any attempt at ^^ codification'' of its (a) princi- 
 ples (as evolved by the numerous decisions of the various Courts), 
 and (h) rules, which are not even entirely to be found in any " Digest 
 of Statutes," but are scattered through (1) Acts of Parliament, and 
 (2) "Cases" or decisions, &c., for which the "Law Reports" 
 require consolidation. 
 -(1) Dangers (the), and (2) difficulties surrounding a trusteeship : — 
 few people realise or fully understand them until (1) much annoy-
 
 TEUSTEESHIl'S : — I'Rt;FACl!;. 331 
 
 ance, (2) iiaiul'ul ».'X|x'ri(.'Uce, ami, (3) pd.ssihly, si-rious loss have ln-cu 
 suft'erotl and sustained by the parties connccteil llicifwitli "i- 
 interested therein. 
 5 — Dificulty (a trustee^ 8 great) is to clearly steer his way tlu'(>ut,'h the 
 two opposing influences, to the pressure oi whidi lie is alwavs 
 subject, viz. : — 
 
 1. Cestnis {the) que trust, ou the one hand, are, naturally, ever ready to 
 increase their income, even at the risk of a more or less speculative 
 investment of their capital. 
 
 2. Jitdties, on the other hand, enforce very stringently the regulations 
 and requirements of the law with regard to a trustee's liability. 
 
 3. Eesylt (the ^latural) thereof: — Ijetween the (1) beneficiaries' impor- 
 tiuiities on the one hand, and (2) legal liabilities and risks on the 
 other, a trustee's position is, frequently, a thankless one, and it is, 
 therefore, not always easy to induce competent, eligible, and satis- 
 factory persons to vmdertake the onerous duties incidental to their 
 satisfactory management, realization, and distribution of a trust 
 estate. 
 
 6 — Discretion (trustees^ duty in the exercise of any) to invest in certain 
 specified (comprising (a) bad, and (b) good) securities:— t\n;y inwat 
 act (1) prudently, and (2) reasonably, and will be liable, if they 
 choose a bad one, on the ground that a }>rudent investor would not 
 have invested his own money therein. 
 
 7 — Frauds by trustees, &c.: — " Prerevtion-srhenie," vide Appendix F\, 
 pp. 127-49. 
 
 8 — Improvement {as to the material) of a trustee's position, effected by the 
 " Trustee Act, 1888," (51 '2 V., c. 59) :—vide par. 14^, pp. 332 3. 
 
 9 — Investments {the trustees) are generally specially prescribed by the 
 trust instrument, and, then, if acting bona fide, they are safe, if they 
 invest pursuant thereto. 
 
 10 — Mortgage {a trustee's advances on) : — 
 
 1. Equity {what the) Courts have endeavoured to do in this direction: — 
 
 1. ^^ Modus operandi'' of an ordinarily cautious and prudrnt business 
 man : — to define exactly in what manner he (a) should and (b) 
 would act in the conduct and management of his own affairs. 
 
 2. Mortgage (e.g., in an advance of trust money on), the Courts, as 
 far l)ack as 1836, laid down the rule that trustees ought not to 
 lend more than the following amounts, viz. : — 
 
 1. Freehold (on) agriculfuml prrqwrty : -no\ more than 2-3rds of 
 its estimated value.
 
 332 • TRUSTEESHIPS : — PREFACE. 
 
 2. House {on) jjrojjerti/ : — not more tliau | of its estimated 
 value. 
 3. Mortgagees (private) : — parties acting for themselves generally 
 
 leave a niucli smaller margin than the foregoing, without 
 
 forfeiting their <'laim to be considered cautious and prudent 
 
 investors. 
 2. Test {jjojjular idea as to the true) of his conduct in regard to (1) 
 investment, and (2) Ids other trust duties: — that he should act as an 
 ordinarily cautioi;s and prudent business man would act in his own 
 affairs. 
 W— Mortgage {amended laiv as to a trustee's («) exemption from, and (b) 
 liahility in respect of his advances on) : — Now a trustee-investor in 
 ease No. 1 is not liable at all, and in case No. 2 (hereinafter 
 nientd) is liable to mate good only the sum advanced in excess 
 of the proper sum, viz. : — 
 
 1. Agricultural {on) property (after having obtained an able practical 
 surveyor's " Eej^ort "), which subsequently depreciates in value. 
 
 2. Mortgage (a trustee who advances trust money on a) security 
 which would (at time of investment), be a proper invt, in all 
 respects, for a smaller sum than is actually advanced thereon. 
 
 12 — Speculation by trustees : — the Legislature did all in its power to 
 check the speculative inclinations of trees, by passing the " Trustee 
 Act," 1888, which severely limited the securities wherein, without 
 the testator's express authority, they were empowered to invest. 
 This restriction is continued by the re-enactments contained in the 
 " Trustee Act, '93." 
 
 13 — Trust {a long-continuing) : — as to the ^'Fraud-preventing scheme" 
 proposed therein, vide Appendix F, 1, pp. 127-49 inch 
 
 U— •• Trustee {the) Act, 1888 " (51/2 V., c. 59) : — " Observations " 
 thereon. 
 
 1. Cestui que trust : — it did not confer any countervailing advantage 
 upon him in lieu of those (hereinafter specified in sub-par. 2, 1-15 
 inch), conferred upon his tree. 
 
 2. Trustee's {material improvement of a) position, thereby effected: — In 
 amending the law relating to the (1) duties, (2) liabilities, and (3) 
 powers of trees, the sd Act very materially improved their position by 
 minimising their responsibility in respect to the following matters, 
 viz. : — 
 
 1. 4. " Advances" on leaseholds: — his liability in respect thereof 
 was limited.
 
 TRUSTEESHIPS: I'REFACK. 333 
 
 2. 2. Ayeiit fo7' the receipt of trust money I ti certain casen : — iitrusti't' 
 
 might appoint (1) a banker or (2) solicitor as such. 
 
 3. 6. Breach (a) or breaches of trust committed at (1) the insti«jati<>ii, 
 
 or (2) request, or (3) with the written consent of his ceHtni. 
 
 4. 8. Breach (an alleijed) of trust : — he was enabled (except where 
 
 he had benefited thereby), to plead the Statutes of Limita- 
 tion ; this section is unrepealed by the " Trustee Act, '!*3." 
 
 5. 3. Conditions {dejn'eciatory) on sales made subsequent fhcrefd .- — 
 
 he was i)rotected against liability arising thereout. 
 
 6. 6. Indemnification for a breach, &c., of trust : — vide sub-jjar. 3. 
 
 7. 7. Insurance (against fire) of the trust property to the extent of 
 
 thi-ee-fourths its value, 
 
 8. 7. Insurance premiums : — a power to pay same out of the trust 
 
 income without the beneficiary's consent. 
 
 9. 9. Investment (a power of) on mortgages of long terms. 
 
 9a. 3. Investments (improper) : — a trustee was conditionally exone- 
 rated from loss by reason thereof. 
 
 10. 8. Limitation (the statutes of) are pleadable : — vide sid>-par. 4. 
 
 11. 3. Losses (i)i respect of) resulting from loans of trust funds, where 
 
 he had complied strictly with the following statutory conditions, 
 viz. : — 
 
 1. Advance (amount of) : — where he had leut not more than 
 
 two-thirds of the value of the pi'opei-ty. 
 
 2, Report (where he has obtained a) as to sd value (1) made 
 
 by a person whom he reasonably believes to be an able 
 practical surveyor or valuer, (2) employed and instructed 
 independently of any owner thereof. 
 
 12. 9. Mortgages of long terms, &c. — a power of investment thereon. 
 
 13. 10. Renewal of renewable leaseholds : — a power therefor. 
 
 14. Responsibility (the personal) of a trustee who acted bona fide (in 
 
 good faith) ivas thereby lessened, this being the object of the sd 
 Act. 
 
 15. 1. "Trustee'' (what the statutory term) included :—(!) an 
 
 admor, or (2) exor. 
 
 3. N.B. — All the sd sections (excepting s. 8, unrepealed), hove been 
 re-enacted (in totidem verbis) by the " Trustee Act, '93 " os to which 
 vide supra. 
 
 4. 2nd col. in par. 14 :— figures therein reprei^ent ss. of sd Art. 
 
 3, Ploivden-buildings, Temple, E.C., F. \N . 
 
 February, 1894.
 
 334 "trustee act, 1888": — unrepealed ss. 1 and 8. 
 
 (T) "Trustee Act, 1888" (51 2 V. c. 59) :-E2ntome of ss. 
 
 1 and 8 thereof unrepealtd by the " Trustee Act, '93." 
 
 N.B.— Observations (for general) on the " Trustee Act, 1888," 
 
 printed before the passing of the " Trustee Act," 1893 ; — vide pp. 
 
 147/8, jxir. T. 2 (sub-pars. 1 and 2 (1 to 15 incL). 
 1- — Definitions (as to statutory) therein : — 
 lb — 1. "Trustee" (what the ivord) includes: — (1) an admor, (2) exor, or 
 
 (3) a trustee wliose trust arises (a) by construction or implication 
 
 of law as well as (b) an express trust, but not the official T. of 
 
 cha ritable funds. 
 Ic — 1. Trustees (several joint) : — the provisions relating to a trustee 
 
 apply as well to them as to a sole trustee. 
 la — Extent thereof : — Scotland is excluded therefrom. 
 16 — " Trustee," &c., : — vide sub-par. 1. 
 2 — 8. Limitations (Statttte of) may be pleaded by a Trustee. 
 
 1. Application of sect : — it (a) applies only to (1) a/cs, or (2) other 
 pegs, after 1/1/90, and (b) shall not deprive any admor or exor of 
 any defence or right to which he is entitled under any existing St 
 of Limons. 
 
 2. Beneficiary's (a) qualified benefit under (a) a judgment or (b) order 
 obtained by another bfy : — No bfy, as against whom there would be 
 a good defence by virtue of s. 8 (2) shall derive any greater, or 
 other, benefit from sd judgment, &c., than he could have obtained if 
 he had (a) brought such a;c, or other peg, and (b) this sect, had 
 been pleaded. 
 
 3. Excepted (3) cases to which the sd Statute is inapplicable : — 
 
 1. Breach (a fraudulent) of trust to which T. was (a) piarty or (b) 
 privy : — where the claim is founded thereon. 
 
 2. Fraud (any) to ivhich, &c. — where the claim is founded thereon. 
 
 3. Recovery (for) of (1) trust ppty, or (2) proceeds thereof still 
 retained, or (3) previously (a) received by T., and (b) converted 
 to his own use — where the claim is founded thereon. 
 
 4. Plea of sd Statute. — In any (1) a/c, or (2) other peg agst (a) a T., 
 or (b) any claimant through him, excejjt as specified in sub-par. 3, 
 (1) brought to recover (a) money or (b) other ppty, and (2) 
 one to which no existing St of Limons applies, he shall be (a) 
 entitled to the benefit of and (b) at liberty to plead lapse of time as 
 a bar thereto (1) in like manner and (2) to the like extent as if such 
 claim had been against hixn in an a/c of debt for money had and 
 received, hit so nevertheless, &c. (vide sub-par. 7).
 
 "investment (trust funds) act, 1889": — ss. 1 and 7. :^85 
 
 5. (1) Privileges (nil) (uul (2) Rights conferred \>y any St «)f Linions 
 shall be enjoyeil (a) in like manner, and (b) to the like extent as 
 they would have ]»een enjoyed in such a/c or peg if the sd T., or 
 claimant, had not been such. 
 
 6. Eights (all), d'c. — vide suh-par. 5. 
 
 7. Run (when the St of Limoiis begins to) in the 2 following cdsrs : — 
 
 1. Beneficiary (agst any) : — not (a) unless and (b) until his interest 
 shall be one in possession. 
 
 2. Married (a) ivoman, entitled (1) in possession, (2) for her 
 separate use, whether (a) with, or (b) without a restraint upon 
 anticipation — it shall run agst her. 
 
 (II) " Investment (Trust Funds) Act," 1889 (52 3 V. c. 32.) 
 
 (A.) Sections {Epitome of) 1 and 7 thereof, unr>'[hiih'd liy the " Tmstre 
 Act, 1893":— 
 
 1 — Title (short) of the said Act, and 
 
 7 — " Sinking-fund" (investment by local authorities for the purposes nf a 
 loan or) — 
 
 1. " Local authorities " — (1) the Council of any (a) Borough or 
 (b) County, or (2) any rui*al, sanitary, or (3) urban authority 
 authorised, or required, to invest any money for the .sd 
 purposes. 
 
 2. Modification, &c. — any enactment relating to such invt shall l)e 
 modified, so far as to allow an invt in any of the sd stocks, t^c, 
 wherein trustees are hereby authorised to invest, except as mentioned 
 in stib-par. 3. 
 
 3. Investments forbidden—- 
 
 1. Securities (any) — (1) heritable or (2) real. 
 
 2. Stocks (any), &c. — (1) created or (2) issued by themselves. 
 
 4. Retainer (forbidden) — any securities hable to redemption at (1) a 
 fixed time at par, or (2) any other fixed rate, and which are at a 
 price exceeding their redemption value, unless more than 15 yrs u-dl 
 elapse before the time fixed for redemption. 
 
 (B.) " Observations " &c., "po" ili>' -^'"'^^ ^^-z. 
 
 1 — Charier (until " Trustee Act, '93," it was the) for many trees. 
 
 2 — Law (the) relating to the investment of trust money is a subject 
 which exercises the minds of many besides lawyers. 
 
 3 — Rules (the) for such investment are to be found in such icorks as (a) 
 "Ellis's Trustee's Guide to Investments," (b) " Geare's Investment of 
 Trust Funds," or (c) *' Vaizey's Trust Invt Act," d-c.
 
 336 INVESTMENT, ETC., ACT, 'S9 : — "OBSERVATIONS" THEREON. 
 
 1. Familiarity therewith required — A great deal of anxiety, expense 
 and trouble would be spared if all lawyers were familiar there- 
 with. 
 
 2. Reference to invt clauses, &c., necessary — Many heart-burnings would 
 be saved if the important and numerous class whom Mr. James 
 Payn has styled " Settikys " turned to their invt clauses, as inter- 
 preted by the sd 3 authors, before coming to their trustees to 
 demand an increase of income. 
 
 4 — Conversion {effect of the) of Consols : — it has driven up the price 
 of high-class invts to such an extent that it is now difficult 
 for njost trustees to obtain even 3|- p. c, and this is a diffi- 
 culty which is likely to increase rather than diminish, in view of 
 the fact that in 1903 " Goschens '' will only pay 2| p. c. instead 
 of 2|. This is substantially the reason which necessitated the 
 sd Act. 
 
 5 — " Great Peninsular Guaranteed 5 °/o," considered as an invt for 
 trustees : — 
 
 1. Objection thereto until 1889, apart from an invt clause : — on the 
 ground that only part of the int which has raised the price of ^6100 
 Stock above <£'170 was guaranteed. 
 
 2. Position (its present) — now it is probably unexceptionable. 
 
 3. Redeemable {ivhen) — in 1899, not at par, but at the market price of 
 the preceding 3 yrs, so that, on that score, it is eligible. 
 
 4. Unsatisfactory (result of the Co.'s) working of the Railway : — 
 Government may take possession, on repayment of the outlay, 
 which may be held to mean redemption at a fixed price. 
 
 6 — " Home Railways," considered as an invt for trustees. 
 
 1. Eligibility (their) — Every year there are more "Home Rways " 
 which, by virtue of having paid 3 °/o at least for the last 10 yrs, 
 have their (1) Debentures guaranteed, and (2) Preference Stocks 
 open to trustees. 
 
 2. E.g. — in 1883, the Great Eastern Rway paid 2f °/o only, since 
 which it has always come up to the 3 % standard. Consequently in 
 
 3. 1893 its numerous preferences became open to trustees. 
 
 7 — " TurJcish (5 millions of) 4 % Bonds." " Caveat " attaching thereto. 
 
 1. Comfortless security — There is little comfort to be found by trustees 
 in this security, as, it is believed, it is (1) very closely held, and (2) 
 difficult to buy. 
 
 2. Interest (unfortunately for trustees the) upon the Bonds which (up 
 to 1890) were. drawn for repayment (although (1) guaranteed by
 
 INVESTMENT, ETC., ACT, '89: "OBSERVATIONS" THEKEON. 337 
 
 Parliament iu the Crimean days, and (2) afterwards guaranteed), 
 still ran on, and in 1890 stood well above par, and is 
 
 3, Redeemable (by the year 1900) by drawings. 
 
 4. Redemption (their) — they may be met at any time. 
 ^ — Sinking (a) Fund — Scheme therefor. 
 
 1. Object thereof — such a scheme should he devised and ]>romulgated 
 by some competent authority, which would enable conscientious 
 trustees to buy the hiifh-jn-iced securities that are redeemalde at 
 par; e.</,,many colonial sees which are yet awaiting admission within 
 the portals of an Iiivt Act are (1) of this character, and (2) conse- 
 quently wastino-. 
 
 2. Reasons (2) therefor — 
 
 1. Debarred (the best of those securities must remain) to trustees, 
 unless some expedient can be devised to meet this difficulty. It 
 is found 
 
 2. Impracticable for trustees to put aside every year, or | yr, a 
 portion of the income to invest it as a sinking fund. 
 
 (C) 7 — Rejjeal of 5 scheduled enactments (without prejudice to the 
 
 validity of any act done thereunder), viz. : — 
 
 Session and 
 
 Title. 
 
 Extent of 
 
 Chapter. 
 
 AN ACT TO 
 
 Repeal. 
 
 1—4/5 Will. 4, 
 
 Facilitate loans upon landed securi- 
 
 
 c. 29 
 
 ties in Ireland 
 
 All. 
 
 2— 22/3V. C.35 
 
 (1) Further amend law of property, 
 
 
 
 and (2 ) relieve trustees 
 
 s. 32. 
 
 3-23/4V.C.38 
 
 >) )) >) »> >> »» 
 
 s. 11. 
 
 4-30/1 V. c. 
 
 Remove doubts as to power of trees. 
 
 
 132 
 
 exors, and admors to (1) invest 
 trust funds in certain securities, 
 and (2) amend law relating to such 
 
 
 
 invts 
 
 All. 
 
 5—34/5 V. c. 47 
 
 Metropolitan Bd. of Works (Loans) 
 
 
 
 Act, 1871 
 
 s. 13.
 
 338 TRUSTEE ACT, 1893 : " (1) CASES, AND (2) TIMES, ETC., TABLE." 
 
 (A) Table showing (a) the several cases wherein, and (b) 
 times when the following sections of the Act are (1) applicable, 
 and (2) inapplicable respectively :— 
 
 No. Sect. 
 
 1 17 " Ads ( (a) directed or (b) forhidden ") -.—vide App. T. (T. D.,) 
 18 par. 6, snh-s. 5. 
 
 la — Appliccdion of the provisions thereof: — vide pars. 1, la, 
 
 2 — Contrary (the following ss. (a.) apply only if, and as far as a) 
 
 intention is not expressed in the instrument, if any, creating 
 the ( (1) power or) (2) trust, and (h) shall have effect subject 
 to latter's provns. and terms, viz. : — 
 
 — 10 1. Appointment (statutoiy power as to) of new trees, 
 
 (sub-s. 5), 
 
 — 21 2. Compomid, ( (1) admor'*^, (2) exor's, or (3) tree's power to) 
 
 &c. (sub-s. 3). 
 
 — 13. Investments (authorised), unless tree is expressly forhidden hy 
 
 trust instii. (if any) 
 
 — 11 4. Retirement of a ti-ustee (sub-s. 3). 
 
 — 13 5. Sale (a tree's power of) by public auction, &c. (sub-s. 2). 
 2a — (h) Forhidden (acts (a) directed or) — vide App. T. (D), par. 6. 
 
 3 45 Indemnity (poioer to compel an) hy a beneficiary for a breach of 
 
 trust committed as well (a) before as (b) after 22nd Sept. '93 : 
 — s. 45 shall not apply so as to prejudice any question in (1) 
 an action, or (2) other proceeding which was (a) pending on 
 24th Dec. '88, and (h) is pending on 1st Jany. '94 (sub-s. 2), 
 
 4 18 Insurance : — power to insure buildings (sub-s. 3) : — vide 
 
 No. 1. 
 
 5 8 (1) Investments (s. 8 applies to) made as well (a) before as (b) 
 
 after 22nd Septr. '93 (except y^here (1) an action, or (2) other 
 proceeding was pending with reference thereto on 24th Dec, 
 '88), and (2) transfers of existing securities (sub-s. 4). 
 5a 1 Investments (authorised), unless tree is expressly forbidden by 
 trust instrt, (if any). 
 
 6 9 (1) Liability or (2) loss by reason of improper investments : — 
 
 s. 9 applies to investments, kc. : — vide No. 5 (ante). 
 
 7 9 (1) Loss or (2) liability by reason of improper invts : — vide 
 
 No. 6, 
 
 8 17 Omission (acts of) : — vide Acts ( (1) directed, or (2) forbidden), 
 
 par. 1.
 
 TRUSTEE ACT, 1893 : " CONTENTS-TAI3LK." 339 
 
 No. Sect, 
 9 4 Powers (the additional) conferred by ss. 1, 2, and 3, shall be in 
 addition to the i)owers conferred by the trust-instrument, if 
 any. 
 
 10 17 Receipt (poiver to authorise) of money by (a) banker, or (b) 
 
 solr : — s. 17 applies only where the (1) money, (2) ppty, or 
 (3) valuable couson. was received after the 24th Dec. '88 
 (subs. 4). 
 
 11 19 Renewable (power of a tree of) leaseholds to (1) renew, and (2) 
 
 raise money for such renewal. 
 
 12 14 Sale (a power of) subject to " depreciatory conditions" apjdies 
 
 only to sales made after 24th Dec. '88 (sub-s. 4). 
 
 13 13 Sale (power of a tree for) to sell by auction applies only to 
 
 deeds creating (1) power, or (2) tiiist (a) executed, and (b) 
 opei-ative after 81st Dec. '81 (sub-s. 3). 
 
 14 8 Transfers of existing securities : — vide No. 5. 
 
 15 - (2) ''Trusts" (ss. 1, 2, 3, 10,18, 19, and 20 apply to (1) 
 
 powers, and) constituted or created either (a) before, or (b) 
 after the 22nd Sept. '93 (s. 4). 
 
 16 22 (1) Tivo {the powers of ), or (2) more trees: — s. 22 applies only 
 
 to trusts (a) constituted after, or (6) created by instruments 
 coming into operation after 31st Dec. '81 (sub-s. 2). 
 
 17 12 " Vesting" of trust property in (1) contimiincj or (2) neu) trees: 
 
 — s. 12 applies only to deeds executed after 31st Dec. '31 
 (snb-s. .5). 
 
 (C.) Contents (Alphabetically classified Table of). 
 
 Sect. 
 
 Subject-matter. 
 
 ^0. 
 
 of 
 
 Page, 
 
 
 Act. 
 
 
 1 
 
 — 
 
 347 
 
 la 
 
 — 
 
 349 
 
 Application of the provisions thereof. 
 
 Application (exception to sd) : — vide par. 6. 
 
 App. T. (D.). 
 25 353 Appointment of a netv (1) tree or (2) trees, &c. : — 
 
 cases wherein the High Ct may make an order 
 
 therefor. 
 
 z 2
 
 840 TRUSTEE ACT, 1893 : " CONTENTS-TABLE." 
 
 Sect. 
 No. of Page. Suhject-maUer. 
 
 Act. 
 2a 10 354 Appoinimeni {statutory) of new trustees. 
 
 3 47 355 Appt ( (a) applon to, and (b) inclusion of trees for 
 
 purposes of the " Settled Land Acts" 1882-90, of 
 certain powers, &c. with reference to the), &c. 
 
 4 47 355 (1) Appt. {effect of any), (2) discharge, and (3) 
 
 retirement, before 22Dd Sept. 1893. 
 
 5 23 355 Attorney (tree's exoneration in respect of certain 
 
 poivers of). 
 
 6 25 356 Banhrupt (appt of a new tree in lieu of a) tree. 
 
 7 7 356 jBrtwArs (i«f7em?ii7(//o) of (1) England, or (2) Ireland, 
 
 361 &c., in respect of "inscribed stock conveiied by 
 
 trees into Certificates to bearer.^' 
 7a 35 366 Banks {obligations of the) of (1) England, and (2) 
 
 Ireland, and (3) all other companies on a transfer 
 
 of stock, &e. — vide par. 32rt. 
 a 7b 45 349-50 5rertc/i {indemnity for a) of trust, committed by a 
 
 tree at (a) the instigation or request, or (6) with 
 
 the written consent of a beneficiary : — vide App. 
 
 T. {B.),par. 7. 
 a 7b 8 351-2 ^^ Breaches of trnst": — (1) investments, and (2) 
 
 loans by trees are not thus chargeable. 
 a 7c 7 357 " Certificate.s to bearer " : — trees must not convert 
 
 " inscribed stock" into same. 
 
 8 39 356 " Charities " {trees of) : — exercise of statutory 
 
 powers as to " vesting orders." 
 
 8rt 35 356 ^^ Choses-in -action" {right to any) vested hereunder: 
 — vide par. 38 (1), p. 370, sub-pars. 1-7 incl. 
 
 8b 1 347-9 Companies {the several) or '^ securities " included 
 in s. 1, wherein trees may invest, where express 
 directions are not given by the tiiist instrument : 
 — vide App. T. {D), pars. 2, 3, and 4 {sub-pars. 1 
 to 13 incl.). 
 
 9 21 356-7 Compound ( {a) admor's, {b) exors', and {c) tree's 
 
 statutory power to) debts, &c. 
 Pa 14 350 Conditions {unnecessarily " depreciatory") o\\ -ei s,^\e 
 made by a tree : — vide App, T. {D), par. 8, sub. 
 pars. 1 fo 4 incl.
 
 12 
 
 25 
 
 12a 
 
 25 
 
 13 
 
 38 
 
 TRUSTEE ACT, 1893: "CONTENTS-TABLE." 341 
 
 Sect. 
 
 No. of Page.- Subject-matter. 
 
 Act. 
 
 10 7 357 Conversion (forbidden), d-c: — vide ^tars. 7 and 7c. 
 10a 7 356 Conversion (iuclemuity to Banks, &i;., in respect of 
 
 a forbidden), &c : — vide jjars. 7 and 7c. 
 
 11 33 357 Conveyance (effect of an appointee's statutory), m 
 
 conformity with an order of Ct. 
 11a 25 369 {\) Co nvty a nee {yi),ov (2) ''consequential ye&iiny:,- 
 
 order — its qualified operation. 
 357-8 Convict (effect of a tree becoming a), t^c. 
 357-8 Conviction (Ct's power after a tree's) for felony. 
 358 Costs (powt-r of High Ct t(t charge) on trust 
 
 estate. 
 
 14 46 358 Courts ( (1) County, and (2) Palatine) :— their 
 
 jurisdiction. 
 
 15 50 358-60 Jjefinitions {titat^ltory) of 17 expressions, unless 
 
 otherwise required by the context. 
 
 15a 3 348(3) Discretion of trustees thereunder: — vide App. T. 
 (D.), jjar. 3. 
 
 156 5 361-2 " Drainage charges " ; — power to invest, notwith- 
 
 standing these. 
 
 15c 22 360 Exercise, etc., of a power or trust, &c. 
 
 15fZ 23 355-6 Exoneration (tree's) in respect of certain " powers 
 of attorney " : — 
 
 16 24 360 ''Expenses (reimbursement by a tree, of his), 
 
 16a 45 349-50 Indemnity for a breach of trust, d-c : — vide App. T, 
 (D),par. 7, sub-2Jars. 1, 2. 
 
 17 24 360-1 Indemnity {implied) of trustees, &c. : — cases. 
 
 18 7 361 Indemnity {statutory) to Banks of (1) England or 
 
 (2) Ireland, etc. 
 
 19 49 361 Indemnity {last mentd) :—" dispensations " or 
 
 exemptions from liability thereunder. 
 
 19a 7 357 "Inscribed stock" :— not convertible into " Cer- 
 tificates to bearer " {vide No. 7c). 
 
 19b 18 350 "Insurance" {tree's statutory buildimj) [lOwers: — 
 vide App. T. {D). par. 10. 
 
 19c 5 361-2 Invest (power to), notwithstanding " drainage- 
 charges " : —
 
 
 Sect. 
 
 Nc. 
 
 of 
 
 
 Act. 
 
 20 
 
 5 
 
 2Urt 
 
 1 
 
 20h 
 
 — 
 
 20c 
 
 y 
 
 20(1 
 
 5 
 
 20(> 
 
 8 
 
 21 
 
 43 
 
 21a 
 
 46 
 
 216 
 
 9 
 
 342 TRUSTEE ACT, 1893 :— " CONTENTS-TABLE." 
 
 Page. Suhject-matter. 
 
 361-2 Investment (enlargement of the express powers of) 
 of a tree, empowered to invest trust-moneys in 
 " real securities," unless, &c. 
 
 347-9 Investments authorised nncler s. 1: — vide par. 86. 
 
 351 Investments (improper) -. — liability for loss by reasoa 
 thereof. 
 
 350 Investments on mortgaye of '^^ long terms": — vide 
 App. T. (D), par. 11. sub-piars. 1 fo 4 incl. 
 
 351-2 Investments (trees) not chargeable as "breaches of 
 
 trust." 
 362 Judgment (Court's power to give) m a tree's 
 
 absence. 
 358 Jurisdiction of (1) County and (2) Palatine 
 
 Coiirts. 
 
 351 Liability for loss by reason of " improper invest- 
 
 ments " : — vide App. T. (D), par. 12, sub-pars. 1 
 and 2. 
 21c 8 351-2 Loans by trees : — are not chargeable as breaches of 
 
 trust : — vide App. T. (D), par. 13, sub-pars. 1 to 
 8 incl. 
 
 Loss (liability for) by reason of improper invest- 
 ments : — vide par. 21b. 
 
 Mortgage (a tree's power to), or raise money to 
 meet a " Fine " on his effecting a renewal of a 
 Lease; — vide App, T. (D), par. 15, sub-pars. 1, 2- 
 
 Mortgagee s (a) rights nnder s. 19 : — vide App. T. 
 (D), par. 15a. 
 
 New (statutory powers of every) trustee appointed by 
 a court of competent jurisdiction. 
 
 " Orders (statutory vesting) " : — (1) classified sche- 
 dule thereof, and (2) of "applicants" therefor. 
 
 Orders (.statutory vesting) improperly obtained — 
 alternative powers of High Ct therein. 
 
 Payment into the High Ct by trustees. 
 
 Purchase at a premium of " redeemable stocks " : — 
 vide App. T. (D), j^ar. 5, sub-pars. 1, 2, and 3. 
 
 21(7 
 
 9 
 
 351 
 
 21e 
 
 19 
 
 352 
 
 21(? 
 
 19 
 
 352 
 
 22 
 
 37 
 
 362 
 
 23 
 
 36 
 
 362 
 
 23o 
 
 40 
 
 363 
 
 24 
 
 42 
 
 364 
 
 24a 
 
 2 
 
 349
 
 TRUSTEE ACT, 1893: — " CONTENTS-TARLK." 343 
 
 Sect. 
 No. of Page. Suhject-matier. 
 
 Act. 
 
 246 15 Purchase (a tree-pchr may), without excluding the 
 
 applou of s. 2 of the " Vendor and Purdiaser Act," 
 1874 (37/8 V. c. 78, s. 15). 
 
 25 17 364 Receipt (tree's power to authorise) of money by 
 
 (a) a banker or (h) solicitor respectively : — vide 
 App. T {D), par. 16, siib-pars. \ to iS incl. 
 
 26 20 364 Receipts (a trustee's power to give). 
 
 26a 2 349 "Redeemable {purchase of) Stocks,'^ &c., at a 
 premium : — vide par. 24a. 
 a 266 33 357 Release (effect of a statutory) : — vide " Convey- 
 ance,'^ par. 11. 
 
 27 19-1 353 Renewal (trees' power of) of "renewable lease- 
 
 holds " : — vide App. T. (D), pjar. 17, suh-pars. 1-3 
 incl. 
 
 28 19-2 352 Renewal (trees' power to raise money to meet a) 
 
 " Fine " : — vide par. 21e. 
 28a 51 345-7 Repeal: — schedule of 33 Acts repealed: — vide 
 App. T. A. R. 
 
 29 11 364-5 Retirement of a tree : — when a tree, desirous of 
 
 being discharged, shall be deemed to have retired 
 from the trust. 
 
 30 44 365 Sale (power to sanction a) of (a) land, or (b) 
 
 minerals separately. 
 
 31 13-1 365-6 Sale (a tree's several powers, without lial>ility for 
 
 any loss, where (a) a power of, or (6) trust for) 
 
 of ppty is vested in him. 
 31a 15 Sale (a vendor-tree has a power of) vnder 37 8 V. 
 
 c. 78 : — vide par. 246. 
 316 1 347-9 " Securities" whereon trees may invest, where, &c. 
 
 — vide par. 86. 
 31c 35(5) 356 Stock {manner of exercise of right to any):— vide 
 
 par. 8a. 
 31rf 2 349 Stocks {purchase of redeemable), at a premium :— 
 
 vide par. 26a. 
 31e 19 353 " Surrender {trees) " of a subsisting lease, Ac. :— 
 
 32 35 (3) 366 Transfer (when a person may) stock to (o) himself, 
 
 or (6) any other person.
 
 344 . TRUSTEE ACT, 1898 : — " CONTENTS-TABLE." 
 
 Sect. 
 
 No. of Page. Suhjed -matter. , 
 
 Act. 
 32a 35 (3/4) 366 Transfer (obligations of the Banks of (1) England, 
 
 and (2) Ireland, and (3) all other companies on 
 
 the sd). 
 326 33 366 Transferor (statutory) : — Ct's power to appt a 
 
 " conveyer.'' 
 
 33 35 366-7 "Transfers" (parties entitled to (a) call for, or 
 
 (&) execute statutory). 
 33a 12 367-8 " Vesting " of trust ppty in (a) continuing, or (h) 
 new trees. 
 
 34 26 368 " Vesting-order " (cases wherein the High Ct may 
 
 make a) as to land. 
 
 35 26 368-9 Vesting-order : — its operation in certain specified 
 
 cases. 
 
 36 25 369 Vesting-order ((1) a consecpiential), &c. : — vide 
 
 par. 11a. 
 
 37 — 369 " Vesting-order'' (effect of the) referred to in 
 
 pars. 33a and 34. 
 
 38 — 370-2 " Vesting-orders " as to, and relating to " statutory 
 
 cases" (alphabetically classified). 
 
 39 16 372 Woman (a married) as a bare trustee.
 
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 TRUSTEE ACT, 18i>3. 347 
 
 N.B. — Explanation (with reyanl to thv " Tntxtve Act, 18"J3"), an to the 
 absence of the strictly alphabetical classification observed throuyhoul in 
 epitomising the other practical statutes. 
 
 1. Figures {the) in 2nd col. represent the ss. in " T. A., '93." 
 
 2, Re-enactments (in totidem verbis) of the repealed ss. (relatiiij^ to tlie 
 matters hereinafter referred to in ])ars. 1 to 18 incl.). contd in the 
 " Trustee Act, '88." 
 
 (TD.) "Trustee (the) Act, 1893" (56 7 V. c. 63):— 
 
 — enabling trustees to make a selection {where e.qjrc^s directions are not 
 given by the trust-instrument'), from a much wider list of securities than 
 was allowed prior to " Trust Invt. Act, '89 " (vide App. T. A. R., No. 29.) 
 1 — Application of the provisions thereof: — 
 
 1. Powers (the) thereby conferred shall be in addition to the powers 
 conferred by the instrument (if any) creating the trust. 
 
 2. Scotland (the Act is inapplicable to) — ss. 2, 9. 
 
 3. Trusts (it apphes to) created (1) after as well as (2) Lefore the Act. 
 2 — Companies (the several) included therein — an alphabetically classified 
 
 schedule thereof — (s. 1, sub-ss. A. to 0. incl.) 
 
 \h. (a) Canal (any) or (b) Railvmy Co. in (a) Great Britain or (b) 
 Ireland, whose undertaking is leased (1) in perpetuity, or (2) for a 
 term of not less than 200 yrs, (3) at a fixed rental to any such 
 Rway as is mentioned in sub-sect, g, either (a) alone or (b) jointly 
 with any other Rway Co. : — in the Stock thereof. 
 
 la h. Railway (any) or Canal Co., &c. — vide sub-par. 2 (Ih). 
 
 2g. Railway Co. in (a) Gt. Britain or (b) Ireland, incorporated by Special 
 Act, &c. — In its (1) Debenture, (2) Guaranteed, (3) Preference, or 
 (4) Rent-charge Stock, if during each of the ten yrs last past before 
 date of investment it has paid a dividend at the rate of not less 
 than 3 per cent. p. a. on its ordinary stock. 
 
 Si. Railway (any) Co. in India : — (1) In its Debenture Stock, the int 
 oai which is (1) guaranteed or (2) paid by the Secretary of State in 
 Council of India (Secty, &c.). 
 
 2h. In its Stock, upon which (1) a fixed or (2) minimum dividend 
 in sterling is (a) guaranteed or (b) paid hy the sd Secty, etc., or 
 upon the capital of which the interest is so guaranteed. 
 
 4?. Jf^ater Co.— In the (1) Debenture, or (2) Guaranteed, or (3) 
 Preference Stock of any Co. in (a) Great Britain or (b) Ireland, 
 established for the (1) supply of water for profit, and (2) incor- 
 porated by (a) special Act or (b) Royal Charter, Ac, and (c) having 
 during each of the 10 yrs last past before the date of invest-
 
 348 TKUSTEE ACT, 1893. 
 
 meut paid a dividend of not Jess than 5 % p. a. on its ordinary 
 Stock. 
 
 om. Water Co. — In the (1) inscribed or (2) nominal Stock (a) issued, 
 or (b) to be issued by any Commrs (1) incorporated by Act', &c., for 
 the jjurpose of supp.ying water, and (2) having a compulsory power 
 of levying rates over an area having, according to the returns of the 
 last census prior to the date of investment, a population exceeding 
 50,000, provided that during each of the 10 yrs last before sd invt 
 the rates levied by such Crs shall not have exceeded 80 °yo of the 
 amt authorised by law to be levied. 
 3 — Discretion (trustees) as to the exercise of every statutory jjowei- — is 
 exercisable subject to any consent (with respect to the invt of trust 
 funds), required bv the instrument (if anv) creatini; the trust — 
 (s. 3). 
 4 — Provisions of the said Act : — it empowers a trustee, unless expressly 
 forbidden by the instrument (if any) creating the trust, tu (a) 
 invest {cmd (h) also from time to time to vary any such invt), any 
 trust funds in his hands (whether then (1) invested, or (2) not), as 
 follows, viz.; in: — 
 
 1. Annuities : — in the " B " Annuities of the (1) Eastern Bengal, (2) 
 East Indian, (3) Scinde, Punjaub, and Delhi Eways, and (4) any 
 like anns at any time thereafter (a) created on the purchase of any 
 other rway by the sd Secretary, &c., and (b) charged on the 
 revenues of India, authorised by Act of Parliament to be accejjted by 
 trusttes in lieu of any stock held by them in such purchased rway. 
 
 1-j. Annuities (also in) com}>rised in the register of annuitants 
 (Clas»s C.) of the East Indian Railway Co. 
 
 1-. Annuities (also in " deferred'^) comprised in the register of hulders 
 of annuity (Class T>.) of the East Indian Railway Co. 
 
 2m. Corporation (in the (1) inscribed or (2) nominal Stock (a) issued or 
 (b) to be issued by the) of any Municipal borough, having, according 
 to the last census returns prior to the date of invt, a population 
 exceeding 50,000. 
 
 3. County (in the (1) inscribed or (2) nominal Stock (a) issued, or 
 (b) to be issued by any) Council, under the authority of (1) any 
 Act, or (2) Provisional Order. 
 
 4a. Funds (in the Public) of the United Kingdom. 
 
 ho. Funds (in the), Securities, or Stocks for the time being authorised 
 for the investment of cash (1) under the control of, or (2) subject 
 to the order of, the High Ct.
 
 TRUSTEE ACT, 18i>3. 349 
 
 6/. London County Council — in the Consolidated Stock (1) creat^^-d. or 
 
 (2) thereafter created l)y such Council. 
 7f. Meiropoliian Board of Works — in the Consolidated Stock therchy 
 
 created. 
 8/. Meiropoliian (Receiver for ilu') Police D/.t/>vV7— in the Dehenture 
 
 Stock created by him. 
 9e. Parliament (on any securities, the interest on which (1) i.s, or (2) 
 
 shall be, guaranteed by). 
 10a. Securities {on Government) of the United Kingdom. 
 11&. Securities ( (1) heritahle or (2) real) in (a) G-reat Britain or (/>) 
 
 Irdand— (2). 
 
 12. Vide snb-par. 3. 
 
 13. Siocl-s of the:— (I) Banks of (a) England or (b) Trelan.l (c) 
 
 2. Indian (a) 3 % and (b) 3^ %» ov any other Capital Stock there- 
 after (1) issued by the Secretary, &c., of State in Council of 
 India under the Authority of Act of Parliament, and (2) charged 
 on Indian revenues (d) 
 
 3. Parliamentary (on the) Stocks of the United Kingdom. 
 5 — 2. '■Redeemable Stocks,'' &c. — purchase thereof at a j^remium. 
 
 1. Investment therein: — a trustee can, under the powers of the sd Act 
 invest in any of the sd (1) funds, (2) securities, (3) shares, or (4) 
 stocks, notwithstanding that (a) they may be redeemable, and (h) the 
 price exceeds the redemption value. 
 
 2. Purchases (forbidden) :^he cannot purchase at a price exceeding 
 its redemption value, any stock mentioned or i-eferred to in sal»- 
 secs. g, i, k, I, and m, which is liable to (1) be redeemed within 15 
 vrs of the date; of purchase at (a) par, or (b) some other fixed rate. 
 or (2) purchase any such stock at (a) par, or (b) some other fi.ved 
 rate, at a price exceeding 15 "/o above (1) par, or (2) such other 
 fixed rate. 
 
 3. Retainer thereof :— a trustee can retain (until redemption) any 
 redeemable fund, security, or stock, purchased as aforesaid (s. 2). 
 
 6. 17—18 Application (exception to sd)—-proy\ded always, that save as in 
 
 this Act is expressly provd, nothing therein contained shall autho- 
 rise any T. (1) to do, or (2) omit to do, anything which he is, in 
 express terms, (a) forbidden, or (b) directed to do respectively, by 
 the instrument or instruments creating the trust (sub-s. 5). 
 
 7. 45. Breach {indemnify for a) of trust committed by a T. at (a) the 
 
 instigation or request, or (b) with the ivritien consent of, a bene- 
 ficiary : —
 
 350 TRUSTEE ACT, 1893. 
 
 1. Impo2in(l (Ct's power to), &c. : — the Ct may, (1) if it shall think fit, 
 and (2) notwithstandiu<? that such bfy may be a n)arried woman 
 entitled for her separate use, whether (a) with, or (6) without a 
 restraint upon anticipation, make such order as to the Ct shall seem 
 just for impounding (1) all, or (2) any part of bfy^s interest in the 
 trust estate, by way of indemnity to (a) such T., or (b) any claimant 
 thro' him: — vide " Table A," par. 3. 
 
 2. Married (a) ivoman beneficiary — vide sub-par. 1. 
 
 8 — 14. Conditions (urinecessarily depreciatory) on a sale made by a Trustee. 
 
 1. Impeachable (when) by a cestui que trust : — when it shall apj^ear that 
 the consideration for such sale was thereby rendered inadequate. 
 
 2. Impeachable (when) as agst (after exon of cyce to) a purchaser: — 
 when it shall appear that latter was acting in collusion with T. at 
 date of contract, a pchr cannot object to the title upon the sd 
 grounds. 
 
 3. Unimpeachahle (when) : — no sale made by a T. shall be impeached 
 by any cestui que trust upon the ground that any of the conditions, 
 subject to which it was made, may h^ve been unnecessarily depre- 
 ciatory, unless, &c. — vide sub-par. 1 hereof. 
 
 4. — Unimpeachable (vjhen) as agst (after exon of cyce to) a pchr — vide 
 sub-par. 2. 
 
 9 — 4. Indemnity for a breach of trust, &c. — vide sub-par. 7. 
 
 10 — 18. Insurance of buildings : — it shall be lawful for, but not obligatory 
 upon, a T. to (1) insure agst damage or loss by fire any (a) 
 building, or (b) other insurable ppty (except such as a T. is bound 
 forthwith to convey absolutely (1) to and (2) upon the request of 
 any cestui que trust), to any amt (including the amt of any existing 
 insce) not exceeding fths of its full value, and to pay the premiums 
 therefor out of (a) the income thereof, or (b) of any other ppty, 
 subject to the same trusts, without obtaining the consent of any 
 person entitled (a) partially or (b) wholly to such income. 
 
 11 — 5. Investments on mortgage of long terms: — a power to invest trust- 
 money in real securities shall (a) authorise, and (b) be deemed to 
 have always authorised, an invt upon mtge of ppty held upon the 
 following conditions, viz : — 
 
 1. Redemption (right of) — it must be free therefrom. 
 
 2. Re-entry (condition of) — except for non-payment of rent — the like. 
 
 3. Uent (any reservation of) greater than \s. a year — the like. 
 
 4. Term (it must be held for an unexpired) of not less than 200 
 years.
 
 TRUSTEE ACT, 1893. 351 
 
 12 — 9. LiahUitij for Joss by reason of improier investments. 
 
 1. Investment (mut for vhirh serurlfij shall be deemed an anthorised) — 
 Where a T. shall have improperly advanced trust money on a mt^,'e. 
 security which would at date of invt have been a proper invt in 
 all I'espects for a less sum than was actually advanced thereon, (1) 
 such security shall be deemed, an authorised invt for the latter, and (2) 
 the T. shall only be liable to make good (a) the sum advanced in excess 
 thereof, with (b) int thereon. 
 
 13 — 8. Loans by Trustees — ujMn security of any ppty of any tenure, 
 whether (a) agricultural, (b) house, or (c) otherwise, tohereon lie can 
 lauifully lend. 
 
 N.B. — No T. shall be chargeable with a breach of trust by reason 
 only of the proportion borne by the amt of loan to the value at the 
 date thereof, provided the following (a) circumstances exist, (b) 
 conditions, and (c) statutory requirements have been strictly com- 
 plied with : 
 
 1. Advice (practical (1) Surveyor's or (2) Valuer's) expressed in his 
 " Report " : — that the loan was made thereunder. 
 
 2. Amount (that the) of loan does not exceed 2 equal 3rd parts of its 
 value as stated therein. 
 
 2a. Application of s. 8 to the following cases, viz : — 
 
 1. Investments made as well (a) before as (b) after (except where 
 an a/c, or other peg, was pending with reference thereto on 24tli 
 Deer. '88.) 
 
 2. Transfers of (a) existing and (b) new securities. 
 
 3. Leaseholds (loan upon security of) — T. is not chargeable as afsil 
 upon the ground that in so lending he dispensed, either (a) partially 
 or (b) wholly, with the (1) investigation or (2) production of the 
 lessor's title, nor upon the ground that in maJcing a 
 
 4. Loan upon security of any ppty, he shall have accepted a 
 shorter title than that which a pchr is, in the absence of a special 
 contract, entitled to require, if in the Ct's opinion the title accepted 
 be such as a person acting with (a) caution and (b) prudence would 
 have accepted. 
 
 5. Purchase (in effecting a)— nor upon the ground, &c. -.—vide hist 
 par. (4). 
 
 6. (1) Surveyor (an able practical) or (2) Valuer (a) employed and 
 (b) instructed independently of any owner of the ppty: — that ui 
 making such loan the T. was acting upon a " Repoii " made by 
 one whom he reasonably believed to be an able, &c., whether he
 
 352 TRUSTEE ACT, 1893. 
 
 carried on business (1) away from, or (2) in the locality where it 
 is situate. 
 
 7. Title ( (1) acceptance of a short), or (2) dispensation with lessor s 
 title, &c. — vide sub-pars. 3 and 4. 
 
 8. " Report " (as to nature of the) required — vide sub-par. 6. 
 
 14 — 9, Loss (liability for) by reason of improper investments, &c. — vide 
 
 sub-par. 8. 
 15 — 19. Mortgage, &c. — Power of a T. to raise money to meet a " Fine " 
 
 on his effecting a renewal of a Lease. 
 
 1. Beneficiaries, &c. : — he can pay such fine out of any money then in 
 his hands in trust for the bfs interested in the lands to be compi-ised 
 in such renewed lease, or if such 
 
 2. Beneficiaries* trust funds are insufficient, he can raise the required 
 amt by (1) mtge (a) thereof, or (b) of any other heredits for the 
 time being subject to the subsisting trusts or uses to which the 
 former shall be subject. 
 
 15o — Mortgagee' s rights under sect. 19 : — no mtgee, advancing thereon, 
 purporting to be made ixnder the sd power, shall be bound to see 
 (1) that such money is wanted, or (2) that no more is raised than is 
 wanted for the sd purpose. 
 
 16 — 17. Receipt of money by a (a) Banker or (b) Solicitor as a Trustee's 
 duly aj) pointed agent therefor. 
 
 1. Appjointment (mode of ) as such Agent: — by permitting sd Solr or 
 Bkr. to (1) have the custody of, and (2) produce (a) a deed contg any 
 such rect as is referred to in s. 56 of the " Conveyancing and Law 
 of Property Act, 1881," or (b) a policy of assurance, with a rect 
 signed by such Trustee. 
 
 2. Appjointment ((1) concurrence in, or (2) making of any such) by T. — he 
 shall not be chargeable with a breach of trust by reason only 
 thereof. 
 
 3. Cases (2) to which sd section applies : — vide sub-par. 1. 
 
 4. Liability of a T. for laches : — Nothing herein contained shall exempt 
 a T. from any liability which he would have incurred if this Act 
 had not lieen passed, in case he permits any (1) money, (2) ppty, or 
 (3) valuable consideration, to remain (a) in the hands, or (b) under 
 the control of the sd (1) Bkr, or (2) Solr for a longer period than 
 is reasonably necessary to enable such Bkr. or Soli*, (as the case 
 may be), to (a) pay or (b) transfer the same to such T. 
 
 5. Powers (Agent's) : — to (1) receive and (2) give a discharge for any 
 (a) money, (b) ppty, or (c) valuable conson thereafter receivable by.
 
 TRUSTEK ACT, 1898. H5S 
 
 or payable to such T. (1) by virtue of a policy of assce, or (2) 
 uuder the trust. 
 6. Produdioti {effect of sd Solr's) of the (1) deed or (2) jmliri/ spenfii-d 
 in suh-par. 1 : — it shall have the same (a) effect and {]>) validity, l>v 
 virtue of sd sect, as the same woald have had if the appointor had 
 not been a T. 
 17 — -19. Renewal by trustees of renewable leaseholds: — 
 
 1. Cases tvherein it is lawful: — Leaseholds for (1) lives, or (2) yrs, 
 which are renewable from time to time, either under any (a) 
 covenant, (b) contract, or (c) by custom, or (d) usual iractice, if 
 such T. shall, in his discretion, think fit. 
 
 2. Duty (objects for tvhich it shall be his), if thereunto required l.iy anv 
 person having any beneficial interest, (1) contingent, (2) future, or 
 (3) present therein, to (a) use his best endeavours to obtain, from 
 time to time, a renewed lease of the same heredits, on (1) 
 accustomed and (2) reasonable terms, and for that ])urpose to 
 surrender, &c., as specified in par. 17a. 
 
 3. Inapplicahle {case to which sd sect, is) : — any case where by the 
 terms of the (1) settlement or (2) will the person in possession for 
 (a) his life, or {b) other limited interest, is entitled to enjoy the 
 same without any obligation to (1) renew or (2) contribute to the 
 expense of renewing such lease, ixnless his written consent is 
 obtained to such renewal on the i)art of the T. 
 
 17a — 19. Surrender, &c. — Such T. may (1) make, or (2) concur in 
 making a surrender of the subsisting lease, and (3) do all such other 
 acts as are requisite. 
 
 18 — 52. Scotland is excluded from the said Act. 
 
 TRUSTEE ACT, 1893. 
 
 Sections (alphabetically arranged '* new ") thereof. 
 
 —Appointment (cases wherein the High Ct may make an order for the) of 
 a neio (a) tree or (b) trees (but not an (a) admor, or (b) exor), either 
 in (1) addition to, or (2) substitution for, any existing tree or trees, 
 or (3) although there is no existing tree (s. 25). 
 
 1. Difficult (whenever it is (a) expedient to do so, and (b) found), with- 
 out the Ct's assistance. 
 
 2. Expedient (whenever it is) to do so, kc. : — vide sub-par. I. 
 
 3. Impracticable (whenever it is found) so to do, &c. : — vide sub-par. 1. 
 
 4. Inexpedient (whenever it is found) so to do, &c. : — vide sub-par. 1. 
 
 A A
 
 354 TRUSTEE ACT, 1893. 
 
 2 — Appointment (statutorij) of new trees — power of appointing same 
 (s. 10). 
 
 1. " Appoiyitees " :^another (a) pn or (b) other ps to be a tree or trees 
 in place of the tree (1) abroad, (2) dead, (3) desiring to be 
 discharged, (4) incapable, (5) refusing, or (6) unfit, as hereinafter 
 specified in sub-par. 3a. 
 
 2. " Appointors " {persons capable of acting as statutory) : — 
 
 1. Continuing {the) tree or trees for the time being, if (1) there is no 
 pn or ps nominated for the purpose of aj)ptg new trees by the 
 trust instrument, if any, or (2) no such pn able and willing to act. 
 
 la. Continuing {lohat the provns of s. 10 relative to a) tree inchcde : — 
 (1) a refusing or (2) retiring tree, if willing to act in the exon of 
 the sd provns {sub-sect. 4). 
 
 2. Nominee {the) under the trtist iyistrument, if any : — vide sub-par. 1. 
 
 3. Representatives {personal) of the last (a) surviving or (fe) con- 
 tinuing tree, in the events specified in sub-par. 1. 
 
 4. Surviving {the) tree or trees for the time being, in the events specified 
 in sub-par. 1. 
 
 3. Bead (the provns of s. 10 relative to a tree loho is) include the case 
 of a pn (1) nominated ti'ee in a will, but (2) dying before testor 
 (sub-sect. 4). 
 
 3a. "Events" {schedule of) upon happening of luhich neio trees are 
 appointable : — where (a) a tree, either (1) original, or (2) sub- 
 stituted, and {b) whether apptd by (1) a ct, or (2) otherwise, comes 
 within the following category : — 
 
 1. Absence abroad, &c. : — where a tree remains out of the United 
 Kingdom /or more than 12 mos. 
 
 2. Death (in case of a trustee's). 
 
 3. Discharged {xohere he desires to be) from (1) all, or (2) any of the 
 powers or trusts (a) conferred on or (6) reposed in him. 
 
 4. Incapable {where he is) of acting therein. 
 
 5. Refusal (in case of a trustee's) to act therein. 
 
 6. Unfit (where he is) to act therein. 
 
 4. Mode of sd statutory appt of neiv trees : — by writing. 
 
 5. (1) Obligations {statutory), (2) powers, and (3) responsibilities on 
 the appt of a new tree for {a) the whole, or (b) any part of the trust 
 property. 
 
 1. (1) Assurance {any) or (2) thing requisite for vesting {a) the 
 trust ppty, or (6) any part thereof, jointly in the ps who are the 
 trees, shall be executed or done (sub-sect. 2d). 
 
 1
 
 TRUSTEE ACT, 1893. :i55 
 
 la. " Complement " (discretionary) : — vi(h' Kiil)-/>iir. i». 
 
 \b. Discharged (except where only one tree was originally ajtptd, a 
 tree shall not be) under s. 10 (2o) from his trust. unle.ss then- 
 will be at least two trees to perform it. 
 
 2. Existing {(inij) tree may be {a) apptd, or (h) ifinain one <if the 
 separate set of trees xvferred to in sub-par. 8. 
 
 3. Increase : — the number of trustees may be increased (sulj- 
 par. 2a). 
 
 4. One {it shall not be obligatonj to appt more than) new tree where 
 only one tree was originally apptd (sub-par. 2c). 
 
 6. (1) Poivers (every new tree so apptd, as well (a) before as (b) 
 after all the trust ppty becomes by (1) assurance, (2) law, or 
 (3) otherwise, vested m him, shall have the same), (2) authorities, 
 and (3) discretions, and may in all respects act, as if he had 
 been originally apptd a tree by the trust instrument, if any (sub- 
 sect. 3). 
 
 7. Separate (when one) tree may be apptd (a) in the manner, and (b) 
 for the part specified in sidj-par. 8 : — if only one tree was originally 
 apptd as therein mentd. 
 
 8. Set (a separate) of trees may be apptd for any part of the trust ppty 
 held on trusts distinct from those relating to any other pt or pts 
 throf, notwithstanding that no new trees or tree are or is to be apptd 
 for other pts thereof (sub-par. 2b). 
 
 9. "Vacancy" : — it shall not be obligatory to fill up the original 
 number of trees where more than two trees were originally apptd 
 (suh-p)ar. 2c), but, &c., vide sub-par. h (\b, ante). 
 
 10. " Vesting " (a) the trust ppty, or (b) any part thereof : — vide sub- 
 par. 1. 
 
 3— (1) Appoiiitment ( (a) appln to, and (b) inclusion of trees for the 
 purposes of the " Settled Land A.cts, 1882 to 1890, of all the powers 
 and provns herein contd with reference to the) of new trees, and 
 trees (2) discharge and (3) retirement, whether (a) taking place 
 before or after 1st Jan. '94, or (6) apptd by the (1) Ct, or (2) 
 settlement, or (3) under provns contd in such settlt (s. 47). 
 
 4r-(l) Appointment (effect of any), (2) discharge, and (3) retirement of 
 trees effected before 22nd Sept '93, otherwise Dmn under the '' Coiiv. 
 and Law of Ppty Act, '81 :"— s. 47 is not to (a) mvaUdate or (b) 
 prejudice same (sub-sect. 3). 
 
 5 — Attorney (tree's exoneration in respect of certain pou-crxnj) -. «. 23. 
 1. Videp. 5, par. 12:— substitute for "revoked it" "done some act to 
 
 A A 2
 
 356 TRUSTEE ACT, 1893. 
 
 avoid it, if this fact ivas not known to tree at the time of his so acting 
 
 or paying." 
 2. Remsdy {reservation of the) or right of any person entitled to the 
 
 money agst the payee thereof: — same as lie would have had agst the 
 
 trustee. 
 6 — (1) Bankrupt (the Ct may (in particalar aud without pi'ejudice to 
 
 the generality of the provn raentd in par. 1, sub-pars. 1/4) make 
 
 au order for the appt of a new tree in substitution for a tree ^vho is 
 
 a), or (2) convicted of felony (s. 25). 
 7 — -Banks (statutory indemnity to the) of (1) England, or (2) Ireland. 
 
 or (3) any person authorised to issue the " Certificates " specified in 
 
 pars. 7 and Ic of " Contents " (Table B.), in the following events, viz., 
 
 1. Grant (their) thereof to a tree : — thev are e.remjjt from liability 
 (s. 7-2). ■ 
 
 2. Grant (their) thereof to a tree : — such certificate is not thereby 
 invalidated . 
 
 . Inquiry (no) whether applicant therefor (1) is, or (2) is not a tree : — 
 irresponsible. 
 
 8 — " Charities" (trees of) : — exercise of statutory powers as to '^ vesting- 
 orders" (s. 39). Vesting (the sd power's may be exercised for) any 
 (1) chose in action, (2) land, or (3) stock in any tree of (a) a 
 charity, or (b) society over which the High Ct would have jurisdiction 
 upon action duly instituted, whether his appt was made by (1) such 
 Ct under its (a) general or (b) statutory jurisdiction, or (2) by 
 instrument under a power. 
 
 8a — '■'■ Chose in action" (right to any) vested hereunder: — the High Ct 
 may (1) give directions, and (2) make declarations concerning the 
 manner in which the sd right is to be exercised. 
 
 9 — " Compound " (an (a) admor's, (b) exor's, and (c) tree's statutory 
 power to) debts, or settle with a dr to the trust estate, on the best terms 
 reasonably obtainable [s. 21). 
 
 1. Cases to which s. 21 applies : — (1) admorships, (2j exorships, and (3) 
 trusts (a) constituted or ib) created either (1) before or (2) after 1st 
 Jan. '94. 
 
 2. " Compounders (statutory) : " — (1) an admor, (2) exor, or (3j 2 or 
 more trees acting together under a settlement, unless a contrary 
 intention is expressed, or (4) a sole acting tree empowered by the 
 trust instrument to execute the powei"s and trusts thereof. 
 
 3. Discretionary (Cr's) power in relation thereto: — vide par. 4, sub- 
 pars. 1 to 8 iuel.
 
 TRUSTEE ACT, 1893. 357 
 
 4. Powers {Cr's several statutory) i>i relation thereto: — 
 
 1. Ahandon (to) any debt, without hein<j nxpaiixihle for miy Insx 
 occasioned thereby, if done in good faith. 
 
 2. Arbitration (to submit any debt to), &c., without, &.c. 
 
 3. (a) Composition (to accept any), or [b) security, (a) personal or 
 (b) real, for payment of any (1) debt, or (2) ppty, (a) persona 1 or 
 (b) real, claimed. 
 
 4. Compound (to) for any debt, &C., without, &c. 
 
 5. Compromise (to) for any debt, &c., without, &c. 
 
 6. Security (to accept any), &c. : — vide sub-par. 3. 
 
 7. Settle {to otherioise) any such (1) account, (2) claim, (3) debt, ur 
 (4) thing whatsoever relating to the (a) intestate's, or (b) testor's 
 estate, or (c) the trust. 
 
 8. Time {to allow) for payment of any such acct, &c. 
 
 4a. Powers (their other statutory) for any of the sd purposes (s. 21-2). 
 
 1. Agreements {such) as to him, or them, seem expedient : — maybe 
 entered into. 
 
 2. (1) Arrangement (such instruments of) or (2) ronipositioii, <Sic., 
 may be given and executed, &c. 
 
 3. (1) Releases (such) and (2) other things: — may be given, e.xe- 
 cuted, and done. 
 
 10 — " Conversion (forbidden) " :— a tree, unless authorised by the terms 
 of his trust, shall not (1) apply for, or (2) hold (i.e., convert 
 inscribed stock into) certificates to bearer, issued luider the authority 
 of any of the following Acts, viz. : — 
 
 1. Colonial (the) Stock Act, 77 (40/1 V. c. 59 :— s. 7 (1) par. d. 
 
 2. India (the) Stock Certificate Act, '63 (26/7 V. c. 73) :-s. 7 (1), 
 par. a. 
 
 3. Local (the) Loans Act, '75 (38/9 V. c. 83) :— s. 7 (1), par. c. 
 
 4. National (the) Debt Act '70 (33,4 V. c. 71) :— s. 7 (1), par. b. 
 
 11^ — Conveyance (effect of a statutory) under s. 33, by appointee (in con- 
 formity with an order) of Ct :— it shall have same effect as an order 
 under the appropriate provn. 
 
 12 — Convict (effect of a tree becoming a) within the meaning of the 
 Forfeiture Act, '70 (33/4 F. c. 23). 
 
 1. Beneficial (any) interest in ppty vested in any i»n (1) by way of 
 mtge, or (2) on any trust shall not be affected by s. 48. 
 
 2. Property (class of) to which s. 48 relates : — vide sub-par. 1. 
 
 3. Unaffected (sd beneficial int, &c., is) : — vide sub-par. 1. 
 
 4. Vesting thereof -.—ssime shall not, upon conviction, ^est ui any
 
 358 TRUSTEE ACT, 1893. 
 
 admor-apptee under '' F. A. '70," but shall (1) remain in (a) the 
 mtgee or (b) tree, or (2) descend to his i-epre, or (3) survive to his 
 co-tree, as if he hod not become a convid. 
 13 — Costs (power of High Ct to charge) on trust estate (s. 38). 
 
 1. Costs (n^hat) and expenses may be ordered: — those of and incident 
 to any appln for any of the orders specified in sub-par. 2. 
 
 2. Orders referred to in suh-par. 1, viz. : 
 
 1. (1) Conveyance (any) or (2) transfer in pursuance thereof. 
 
 2. New ( (1) for an order apqjointing a) tree, or (2) of and incident 
 thereto. 
 
 3. (2) Transfer (any (1) conveyance or) in piirsuanoe thereof. 
 
 4. Vesting ( (1) for a) order, or (2) of and incident thereto. 
 
 3. (1) Payable (how tivo alternative modes ivherein same is) or (2) 
 raised: — 
 
 1. Court (to be borne and pd (a) in such manner, a7id (b) by such ps 
 as to) may seem just. 
 
 2. (1) Land (out of the) or (2) personalty in respect whereof same is 
 made, or 
 
 3. (1) Land (out of the income of the sd), or (2) personalty, &c. 
 
 14 — Courts (jurisdiction of (1) County and (2) Palatine) : — the provns of 
 this Act with respeet to the High Ct shall, in their appln to cases 
 within the sd jurisdiction (a) include that Ct, and (b) the procedure 
 hereunder in such Cts shall be in accordance with the (1) Acts and 
 (2) rules regulating their procedure (s. 46). 
 
 1.5 — Definitions (statutory) of the folloiving expressions, unless otherwise 
 required by the context (s. 50): — 
 
 1. " Bankrupt " includes, in Ireland, insolvent. 
 
 2. " Contingent right," as applied to land, inchides the following, viz. : — 
 
 1. Entry (a right of), wliether (1) contingent, (2) future, (3) imme- 
 diate, or (4) vested. 
 
 2. Interest ( (1) a contingent, or (2) executory), whether the object of 
 the gift or limitation thereof (a) is, or (6) is not ascertained. 
 
 3. Possibility (a) coupled with an interest, whether, etc. (vide 
 sub -par. 2). 
 
 3. (1) Convey and (2) Conveyance applied to any person, include the 
 folloiving, viz : — 
 
 1. Acts performable by (1) married women, and (2) tenants iyi tail 
 jjursuant to the Acts for " abolition of fines and recoveries in (a) 
 England and (b) Ireland '' resjjly. 
 
 2. Execution (the) by that person of every necessary or suitable assur-
 
 TRUSTEE ACT, 1893. 350 
 
 ance for (1) appointing, (2) assigning, (3) conveying, (4) sur- 
 rendering, or (5) otherwise (a) disposing or (h) transferrimj of laii<l 
 whereof he is (1) possessed or seised, or (2) wherein lie is entitl<Ml 
 to a contingent right, either for his (a) whole, or (h) any less 
 estate. 
 
 3. "Formalities" (performance of all) required bylaw to validity of 
 cyce. 
 
 4. (1) " Surrenders" and (2) other acts which a tenant oi (a) copy- 
 hold or (b) customary lands can himself perform (1) in aid of, or 
 (2) preparatory to a complete assurance thereof. 
 
 5. Tail (acts 2>crformable by tenants in), &c. : — vide sub-par. 1. 
 
 6. Women (acts perfonnable by married), &c. : — vide sub-jiar. 1. 
 
 4. " Devisee " includes (1) a devisee's heir, (2) an heir's devisee, and 
 (3) any claimant of right by devolution of title of a similar 
 description. 
 
 5. " Instrument " includes Act of Parliament. 
 
 6. " Land" includes the following classes of property, viz. : — 
 
 1. Hereditaments ( (1) corporeal and (2) incorporeal), and any interest 
 therein. 
 
 2. (1) Lordships and (2) manors, (a) reputed, or (6) otherwise, and 
 any interest therein. 
 
 3. SJuire {an undivided) of land. 
 
 7. '^ Mortgage" includes and relates to every (1) estate, and (2) 
 interest regarded in equity as merely a security for money. 
 
 8. " Mortgagee " : — every person deriving title under the original 
 mtgee. 
 
 9. (1) " Pay " and (2) " Payment,'' as applied in (o) connection with 
 the expression " into CouH," and (b) relation to securities and 
 stocks, include the (1) deposit or (2) transfer thereof in or into Ct. 
 
 10. " Possessed " :— applies to (1) receipt of income of, and (2) any 
 vested estate less than a life estate, equitable or legal, in (a) expec- 
 tancy, or (b) i)OSsession, in any land. 
 
 11. " Property " includes the following classes of estate, d-c, viz. : — 
 
 1. Action (any thing in). 
 
 2. Debt (any). 
 
 3. (1) Estate(any) and (2) interest many (a) personalty or {b) realty. 
 
 4. (1) Interest (any other) or (2) right, whether (a) in possession, 
 or (b) not, 7iot herein specified 
 
 5. (1) Personal, or (2) Real property. 
 
 12. "Bights" :— includes (1) estates, and (2) interests.
 
 360 TRUSTEE ACT, 1893. 
 
 13. " Securities " : — includes (1) funds, (2) shares, and (3) stocks. 
 13a. "■Securities" (meaning of), so far as relates to payments into 
 
 Ct : — it has the same meaning as in " Ct of Chancery (Funds) Act, 
 1872 " (35/6 V. c. 44.) 
 
 14. " StocJc^' includes the following classes of property, viz: — 
 
 1. (1) Annuity {any), (2) fund, or (3) security transferable (a) in 
 books kept by any (1) Company, or (2) Society, or (b) by instru- 
 ment of transfer, either (1) alone, or (2) accompanied by other 
 formalities, and any interest or sluxre therein. 
 
 2. Shares (fully-paid up). 
 
 15. " Transfer " in relation to stocJc inchules : — the (a) execution and 
 (h) performance of every (1) act, (2) deed, (3) power of attorney, 
 and (4) thing on transferor's part to (a) complete and (b) effect the 
 title in the transferee. 
 
 16. (a) " Trust," and (b) " Trustee " (except as mentd in par. 17) inchide 
 the following, viz: — 
 
 1. Beneficial (cases where tree has a) interest in the trust ppty. 
 
 2. Representative (personal) of a deced : — duties incident to the office. 
 
 3. " Trusts," (1) constructive, and (2) implied. 
 
 17. " Trust " does not inchide didies incident to an estate conveyed by 
 
 way of mtge. 
 
 15c — (1) Exercise or (2) performance of (a) a poiver or (b) trust (consti- 
 tuted after, or created by instruments coming into operation after 
 31st Dec. 1881), (1) given to, or (2) vested in 2, or more trees 
 jointly, U7iless, &c. : — it is exercisable or performable by the survivor or 
 survivors of them for the time being (s. 22). 
 
 16 — Expenses (a tree may reimburse himself, or pay or discharge out of 
 the trust premises all) incurred (1) about or (2) in the execution of 
 his powers or trusts (s. 24) . 
 
 17 — Indemnity (implied) of trustees in the following cases {withoiit preju- 
 dice to the provisions of the trust instrument, if any) viz. : — 
 
 1. (1) Accountable ( for what he shall be) and (2) answerable : — only for 
 his own acts, defaults, neglects, or receipts. 
 
 2. Chargeable (for what he shall be) : — only for (1) money and (2) 
 securities actually received by him., notwithstanding his signing any 
 receipt for the sake of conformity. 
 
 3. Irresponsible (for what he shall be) : — 
 
 1. BanJcer (acts, defaults, neglects, or receijits of any) with whom 
 any (a) securities, or (b) trust moneys may be deposited, tmless 
 the same happens through his (tree^s) own wilful default.
 
 TRUSTEE ACT, 1893. 'i^W 
 
 2. Broker (the acts, defaults, neglects, or receipts of any), Sa-. -. — 
 vide snb-par. 1. 
 
 3. Deficiency (the) of any securities, unless, &c. : — vide sub-jinr. 1. 
 
 4. Depositee {any other unsj^ecified) of (a) secnrities, or (h) trust 
 money, unless, &c. : — vide sub-par. 1. 
 
 •5. Insxifficiency (the) of any securities, unless, &c. : — vide sub-par. 1. 
 
 6. Loss (any other unspecified), unless, &c. : — vide svh-jxir. 1. 
 
 7. Trustee's (a co-) acts, defaults, neglects, or rects, unless, dx. : — vid^- 
 sub-par. 1. 
 
 18 — Indemnity (stattdory) to Banlcs of (1) England, or (2) Ire- 
 land, &c. : — 
 
 1. Act (this) shall be a complete indemnity to (1) sd. 2 Banks, and (2) 
 all ps. for any acts done pursuant thereto (s. 49). 
 
 2. " Certificates " (iii respect of the issue of) specified in par. 7. 
 
 3. Order (every) purporting to be made hereunder shall, &c. ; — vidf 
 sub-par. 1. 
 
 19- — Indemnity Q^ dispensations," &c., under the last mentioned statutory). 
 
 1. Jurisdiction (unnecessary for (1) Bank, or (2) any pn to inquire 
 whether the Ct by which it was made had) to make it (s. 49). 
 
 2. Propriety (nor to inquire concernmg the) of the order (s. 49). 
 
 20 — Investment (enlargement of the express potvers of) of a tree, empowered 
 to invest trust-moneys in "real securities," unless the contrary is 
 expressed in the instrument authorising the invt (s. 5, sub-sects. 1 — .5 
 incl) . 
 
 1. Charge (on any) made under " Improvement of Land Act, 1864 " 
 27/8 V. c. 114 -.—vide s. 5 (b). 
 
 2. Companies (1) acting under the authority of, or (2) incorporated hy 
 an Act of Parliament (s. 5 — 5) : — a tree, having a " general power " 
 to invest trust moneys in or upon security of (1) bonds, (2) deben- 
 tures, (3) mortgages, or stock therein, may invest in, or upon 
 security of, mtge debentures duly issued pursuant to and imder the 
 " Mortgage Debenture Act, 1865." 
 
 3. Company (in the (1) bonds or (2) mortgages of any (a) railway <>r 
 (b) other) : — he may invest in its debenture-stock (s. 5 — 2). 
 
 3a. Company in the (1) debentures or (2) debenture stork of any (a) 
 railway or (b) other) :— he may invest in any nominal (1) deben- 
 ture, or (2) debenture-stock issued under the " Local Loans Act, 1875." 
 (38/9 V. c. 83). 
 
 4. " Drainage charges " (10/11 V. c. 32) -.—as to a trees power to invest, 
 notwithstanding same, vide sub-pars 3 and 7.
 
 362 TRUSTEE ACT, 1898. 
 
 5. Manx Government Securities, under ^^ Isle of Man Loans Act, 
 1S80 " : — a tree, empowered to invest inouey iu securities of (1) a 
 colonial government, or (2) in sd Isle, may invest in any sects of 
 latter' s Government (s. 5 — A). 
 
 6. Mortgage (iqjon) of any charge made under, &c. : — vide sub-par. 1. 
 
 7. Mortgage (a tree, empowered to invest on) of land : — may invest on 
 mtge of any land, notvjithstanding it is charged with a rent under 
 the following, viz. : — - 
 
 1. " Improvement (the) of Land Act, 1864" : — hj an absolute order 
 made thereunder, vnless lerms of trust expressly provide that the 
 land to be taken in mtge shall not be subject to any such prior 
 charge. 
 
 2. " Improveiuent {Landed Property) {Ireland) Act, 1847 " (10/11 V. 
 c. 32;. 
 
 3. " Money (Public) Drainage Acts, 1846 to 1856." 
 
 8. Mortgage of " long terms " : — vide p. 350, par. 11, 5 (1-4). 
 
 9. Purchase (a tree empoivered to invest in) of land : — vide sub-par. 7. 
 21 — Judgment (pou:er to give) in a trustee's absence (s. 43). 
 
 1. Evidence required to enable the High Ct to (a) hear and (b) deter- 
 mine action, &c : — it must be satisfied that (1) diligent search has 
 been made for any pn who, in his character of a tree, is made a deft 
 in any a/c, and (2) he cannot be found. 
 
 2. Judgment therein may thereupon be given agst such absent deft-tree 
 (but without prejudice to any interest he may have in the matters in 
 question therein in any other character), as if he had (1) been duly 
 served, or (2) entered an appce in such a c, and (3) also appeared 
 by his (a) counsel and (b) solicitor at the hearing. 
 
 3. " Unprejudiced '' (case v^herein he must be) by sd judgment : — vide 
 sub-par. 2. 
 
 22 — New (statutory power of every) tree apptd by a Ct of com [etent juris- 
 diction (s. 37) : — shall, as well (1) before as (2) after the trust ppty, 
 becomes by (a) assurance, (b) law, or (c) otherwise, vested in him, 
 have the same (1) authorities, (2) discretions, and (3) powers, and 
 (4) may, in all respects, act as if he had been originally apptd a tree 
 by the trust -instrument, if any. 
 23 — Orders (•' Apjplicants^' (or persons entitled to apply for " Vesting") : — 
 1. " Allegations '' (where a vesting order is made as to any land 
 under the (a) " Lunacy Act, '90," (b) any Act relating to lunacy 
 in Ireland, or (^•) this Act, founded on any one of the following), 
 the fact that such order has been so made shall be conclusive evidence
 
 TKUSTEK ACT, 18!>3. 'S6'S 
 
 of the alleged matter in any ct upon a7iy question (IS to ilx mllillly, 
 subject to powers contd in suh-par. 23(f. 
 
 1. Abroad (that (a) a mtgee's (1) deviser, (2) heir, or ('S) i)er.s(iiial 
 repre, or (b) a tree is), i.e., out of the jurisdiction of the High Ct. 
 
 2. (1) Alive or (2) dead : — whether (a) a mtgee's (1) hist surviving 
 devisee, (2) or heir, or (3) jjersoual repre, or (b) the hist tree is 
 living or dead. 
 
 3. Death: — that any (a) mtgee, or (b) tree has (1) died, and it is not 
 known who is his (a) devisee, (6) heir, or (3) personal repre, or (2) 
 died intestate without an heir. 
 
 4. (1) Heirless and (2) intestate : — vide last snh-par. 23 (3). 
 
 5. Incapacity (of the personal) of (1) a mtgee, or (2) tree. 
 
 6. " Non est inventus" : — that he cannot he found. 
 
 7. Survivor " (that it is uncertain which of several (1) devisees of 
 a mtgee, or (2) trees was the). 
 
 8. Uncertainty as to the matters specified in suh-par. 7. 
 
 9. TJnknoivn (that the ps specified in sub-]>ar. 3 are). 
 "Evidence" {orders made upon certain '^allegations" to be con- 
 clusive) : — 53/4 V. c. 5, 
 
 la. Chose-in-action (for an order thereunder concerning any) subject to 
 a trust: — a "beneficiary" (whether (a) under disahility, or (b) not), 
 interested therein (s. 36 — 1). 
 1&. (1) Chose-in-action, &c., subject to a mortgage : — 
 
 (a) Beneficiary (a) or pn beneficially interested in equity of redemp- 
 tion, whether under disability or not (s. 36 — 2). 
 (Jb) Mortgagee (the) or any pn interested in money secured by mtge 
 (s. 36—2). 
 
 2. Land (for an order thereunder concerning any), ttc. : — vide sub- 
 par. 1 (1). 
 
 2a. Land out of England :— The powers of the High Ct here to make 
 vesting orders hereunder shall extend to all land and personalty in 
 Her Majesty^ s dominions, except Scotland (s. 41). 
 
 3. New (for an order for a) tree's appt :—iiny pn duly ap]>td tree 
 thereof (s. 36—1). 
 
 4. Stock (for an order thereunder concerning any), Sic. :— vide sub- 
 par. 1 (1). 
 
 23rt — Orders {alternative ptoivers of High Ct in case of improperly obtained) 
 under s. 40: 
 
 1. Costs (may direct payment of) occasioned by any such order, or 
 
 2. Reconveyance (a) may be thereby directed.
 
 364 TRUSTEE ACT, 1893. 
 
 24 — Payment into the High Court by trustees (s. 42). 
 
 1. Class of ppty so payable i)i : — (1) money or (2) securities belonging 
 to a trust (1). 
 
 2. Dealt (hoio same shall be) icith : — subject to rules (according to 
 orders) of Higli Ct (1). 
 
 8. (1) Delivery (effect of every) (2) payment, and (3) transfer of money 
 or securities, made pursuant to the order referred to in sub-par. 6 : — 
 it shall (a) be valid, and (6) take effect as if same had b^en made 
 (1) by the act, or (2) on the authority of all the ps entitled 
 thereto (3). 
 
 4. "Discharge" (what shall be a sufficient) to trees therefor : — proper 
 officer's (1) certificate or (2) receipt (2). 
 
 5. Majority {when High Ct may order payment therein by) v'ithoiit con- 
 currence of (a) other or (b) others : — where (1) any moneys or sees 
 are vested in any ps as trees, and (2) the majority wish to pay same 
 into Ct, but (3) sd concurrence is unobtainable (3). 
 
 6. Majority (when High Ct may order (a) delivery or (b) payment of 
 moneys or sees to the) of trees for purpose of payment into Ct: — where 
 same are deposited with any (1) banter, (2) broker, or (3) other 
 depositary. 
 
 7. "Payers" (statutory) in: — (1) trees, or (2) the majority of trees, 
 having (a) in their hands, or {b) under their control, money, &c. : 
 — vide sub-par. 1. 
 
 25 — Receipt (tree's power to authorise) of money by (a) banker or (b) 
 solr (s. 17). 
 
 1. Application of s. 17 : — vide " Table A," par. 10. 
 
 2. Exception thereto : — vide Table A, par. 1. 
 26 — Receipts (tree's power to give), s. 20. 
 
 1. Discharge (what is a sufficient) for any (1) money, (2) securities, or 
 (3) other personal effects or ppty deliverable, payable, or transferable 
 to any tree under any (a) power or (b) trust (created (1) before or 
 after 1st Jan. '94) : — his written receipt therefor (sub-ss. 1 and 2). 
 
 2. Receipt (effect of tree's written) therefor : — it shall effectually 
 exonerate the (1) deliverer, (2) payer, or (3) transferor thereof 
 from (a) being answerable for any loss or misappln, or (b) seeing 
 to the appln thereof (sub-s. 1). 
 
 29 — Retirement of a tree : — when a tree, desirous of being discharged, shall 
 be deemed to have retired from the trust (^.11). 
 1. Apjjlication of section : — to trusts created either (1) before or (2) 
 after 1st Jan. '94 (4).
 
 TRUSTEE ACT, 1898. . ;3<)5 
 
 la. Application (qualified) of sd sect. : — it applies only (1) if ainl 
 as far as a contrary intention is not expressed in, and (2) shall have 
 effect subject to (a) any provns or terms contd in the trust instru- 
 ment, if any (3). 
 
 2. ^' Conseuters" thereto: — (1) his co-trees and (2) such other person 
 if any, as is empowered to appoint trustees (1). 
 
 3. Deed (statutory) required : — sd co-ti'ees, and persons thereby consent 
 to (1) sd dischai'ge, and (2) vesting in former alone of the trust- 
 ppty, tvithout any new tree being apptd in his place (1). 
 
 4. " Minimum" 7iu)nher, &c.: — where there are more than 2 trees, if 
 one of them by deed declares his desii-e to be discharged from the 
 trust, and if, &c. (vide sub-par. la). 
 
 5. Vesting the trust-ppty in the continuing trees alone : — any (a) assu- 
 rance or (6) thing requisite therefor shall be (1) executed or (2) 
 done (2). 
 
 30 — Sale (power to sanction a) of (a) land or (h) minerals separately 
 (s. 44). 
 
 1. Cases to which s. 44 applies : — where a tree is for the time being 
 authorised to dispose of land by way of (1) enfranchisement, (2) 
 exchange, (8) partition, or (4) sale, the High Ct may sanction his 
 disposition thereof ivith 
 
 2. (1) Exceptions (the following several) and (2) reservations, viz.: — 
 
 1. Minerals (of any) (a) with, or (b) without jjowers and rights of 
 orincidental to the (1) carrying away, (2) getting, or (3) working 
 thereof, or 
 
 2. Minerals (disp>osition of the), (a) with or (b) without the sd 
 powers or rights, separately from the residue of the land (1). 
 
 3. Sales (periodical) thereof: — any such tree, with sd sanction pre- 
 viously obtained, may, unless forbidden by the instrument creating 
 the (1) direction or (2) trust, from time to time, without any 
 further appln to the Ct, so dispose of any such (a) land or (b) 
 minerals (2), 
 
 4. " Settled Land Acts," 1882 to 1890 :— nothing in s. 44 hereof shall 
 derogate from (1) any power which a tree may have thereunder, or 
 (2) otherwise. 
 
 31 — Sale (a tree" s several powers (without liability for any loss), whnw (<i) 
 a power of, or (b) trust for) of ppty is vested in him (13-1). 
 
 1. Auction (public) : — to sell in this nuinner. 
 
 2. Buy (to) in at any attempted sale by public auction. 
 
 3. Charges (prior) :— either (1) free therefrom, or (2) subject thereto.
 
 3t)6 . TRUSTEE ACT, 1893. 
 
 4. Concurrence (his) with auy other person in selling (1) all, or (2) 
 any part of the ppty. 
 
 4a. Conlitions (unnecessarily depreciatory) : — power to sell subject 
 thereto (vide p. 350, par. 8, suh-pars. 1-4 incl. (1) s. 14 (2), 
 and (2). 
 
 5. Contract (any) for sale: — to (1) rescind or (2) vary same. 
 
 6. Lots (in) : — sale of the ppty in this manner. 
 
 7. Private ct or treaty : — to sell in this manner. 
 
 8. Rescission of any contract for sale : — vide sub-par. 5. 
 
 9. Resale of said ppty, after rescission of any ct for sale thereof. 
 
 10. (1) Title, or (2) evidence of title, or (3) other matter : — a sale 
 subject to any such condons respecting same as the tree thinks fit. 
 
 11. '■ Together " : — a sale of the ppty in this manner. 
 
 12. Variation of any contract for sale : — vide suh-par. 5. 
 
 a. Sale (appln of s. 13 as to a tree's sd powers on a), &c. : — vide 
 " Table A." pars. 12-13, p. 339. 
 
 b. Sale (qualified appln of s. 13 as to a tree's sd powers on a), &c. : — 
 vide-p. 339, no. or par. 13, (a) adding "power" to "trust," and 
 (b) omitting " if any." 
 
 32 — Transfer (ivhen a pn may) stock to (a) himself, or (b) any other 
 pn : — the pn in whom the right to (1) call for the transfer of, or 
 
 (2) transfer of any stock is vested by an order of Ct under this 
 Act, may transfer it as afsd, according to latter (s. 35 (3). 
 
 32a — Transfer (obligations of the Batiks of (1) England, (2) Ireland, and 
 
 (3) all other companies on said) : — 
 
 1. Dividends (payment of any) on stock, except in accordance with sd 
 order, is forbidden (sub-s. 4). 
 
 2. Obedience: — to obey every order under s. 35 (3) according to its 
 tenor. 
 
 3. Transfer (after written notice of an order thereunder they cannot) 
 any stock to which sd order relates (sub-s. 4), 
 
 326 — ^^ Transferor" (statutory): — Court's power to appt a "conveyer," 
 &c. (s. 33). 
 1. Appt : — in all cases where a " vesting order ' can be made under any 
 of the foregoing provns, the High Ct may, if it is more convenient, 
 appoint a pn to (1) convey the land, or (2) release the contingent 
 right (vide par. 11, pj. 357, as to effect of sd cyce, &c.). 
 33 — " Transfers" (parties entitled to (a) call for, and (b) execute statu- 
 tory) under s. 35. 
 1. Consequential (where the carder is) on Ct's apjjt of a new tree, the
 
 TRUSTEE ACT, 1893. H67 
 
 ri^'ht shall be Vi'sted in the ps who, on such apjit, are tlif trustees 
 (iua). 
 
 2. Joiidhj (where the 1)Q whose ri^ht is dealt with \>y the order was 
 entitled) with another }iii, the right shall be vested in latter, either 
 (1) alone, or (2) jointly with any other |tn whom the Ct may 
 appt (iiife). 
 
 3. Transfer (in all cases where a vesting order can be made under 
 s. 35, the Ct may, if it is more convenient, appoint some i>roper pn 
 to (1) make, or (2) join in making the) : — s. 35 (2). 
 
 33a — '^Vesting" of trust property in (a) continuinq or (b) new trustees 
 {s. 12). * \ 
 
 1. (1) Assignment (when an), or (2) a conveyance is unnecessary : — where 
 a deed by which a new tree is ai)ptd to perform any trust contains a 
 " declaration " by the appointor to the effect " that any estate or 
 interest in any (1) chattel subject to the trust, or (2) land so 
 subject, or (3) the right to (a) recover, and (b) receive any debt, 
 or other thing in action so subject, shall vest in the persons who, by 
 virtue of such deed, become, and are trees for performing the trust," 
 that declon shall, loithotd any assnt or cyce, operate to vest in those 
 persons, as (1) joint tenants, and (2) for trust purposes, that estate, 
 interest, or right. 
 
 2. Continuing (when (a) an assignment, or (b) conveyance to a) tree is 
 unnecessary : — where a deed by which a retiring tree is discharged 
 under this Act contains such a declon as is in par. 2 mentd by 
 the (1) continuing and (2) retiring trees, and (3) other person, if 
 any, empowered to appoint trees, that declon shall, w^ithout any 
 assnt or cyce, operate to vest in the continuing trees alone, as (1) 
 joint tenants, and (2) for trust purposes, that estate, interest, or 
 right. 
 
 3. Conveyance ( (a) by ivhom, and (b) power under which the) shall be 
 deemed to be made : — (a) by the person orps making the declon, (b) 
 under a power conferred by this A.ct (4). 
 
 3a. Conveying (tvho shall be deemed the) party or ps for pnrjwses of 
 registration of the deed in any registry : — vide sub-par. 3. 
 
 4. Deeds executed after Slst Dec. 1881 : — this sect, applies only to 
 same (5). 
 
 5. Exceptions (schedule of statutory) to the said section (3). 
 
 1. (1) Annuity (any), (2) jyjAy, (3) share, or (4) stock as is only 
 transferable in (a) books kept by a co or other body, or (b) in 
 manner directed by or under Act of Parliament.
 
 368 TRUSTEE ACT. 1893. 
 
 2. (1) Copyhold or (2) customary land : — any legal estate or interest 
 therein. 
 
 3, Mortgage (land conveyed by way of) for securing money subject 
 to the trust. 
 
 34 — " Vesting-order'^ (cases loTierein the High Court may make a) as to 
 land (s. 26). 
 
 1. Abroad (where a tree (a) entitled to, or (b) possessed of any land, 
 or (3) entitled to a contingent right therein, either (a) jointly icith 
 any other person, or (b) solely is), i.e., out of the jurisdiction of the 
 High Ct (nb). 
 
 2. ^^ Conveyance" (where such a tree as afsd has (1) been required, 
 (a) by, or (&) on behalf of a person entitled to require a) of the 
 land, to convey it, and (2) vjilfully (a) neglected or (b) refused to 
 convey for 28 days thereafter (vi.). 
 
 3. Death : — where it is uncertain (a) who is the (1) devisee, (2) heir, 
 or (3) jjersonal representative of such tree (deceased), and (b) as 
 to the last ti*ee known to have been entitled, &c., as afsd, whether 
 he is (1) alive or (2) dead (iv.). 
 
 3a. "Devisee" I where it is uncertain who is the sd tree's) : — v. 
 
 4. Heir (ichere it is uncertain ivho is said tree's) : — v. 
 
 5. " Heirless," &c. : — where there is no heir to such a tree as afsd who 
 has died intestate as to that land ( v.). 
 
 6. Infant (where a tree, entitled as afsd, is an) : — vide sub-jjar. 1. 
 
 7. Neic (a) tree : — where the High Ct. (1) appoints, or (2) has 
 apptd same (i.). 
 
 8. " Non est inventus " : — where a tree, entitled as afsd, cannot be 
 found (ii. c). 
 
 9. Release (a) of sd tree's " contingent right," &c. : — vide sub- 
 par. 2. 
 
 10. Representative (where there is (1) 7io,or (2) aw uncertainty as to the 
 personal), &c. : — vide sub-pars. 3 fo 6 inch 
 
 11. Survivor (where it is aincertain v:ho was the) of 2 or more trees 
 jointly (a) entitled to, or (b) possessed of any land (iii.). 
 
 12. Unceiiahity (in case of) as to the matters specified in sub-pars. 
 8, 3a, 4, and 11, hereof. 
 
 13. Undiscoverable (where such tree is) : — vide sub-par. 8. 
 
 35 — Vesting (operation of a) order under s. 26 in folloiving cases, viz. : — 
 1. (1) Abroad (relating to a tree who is), &c., or (2) cannot be found), 
 entitled jointly with another pn: — (a) the land or (b) right shall be 
 vested in latter, either (1) alone, or (2) jointly, &c. (26 vi. b.).
 
 TRUSTEE ACT, 1893. 369 
 
 2. Consequential (any) vesting order or cyce on a netv tree 8 appt -. — 
 Persons (the) who on appt are trees : — the land shall be vested in them 
 
 for such estate as the Court may direct (26 vi. a.) 
 
 3. General (a) or ordinary one : — 
 
 1. Contingent (a) right : — it (1) disposes of, or (2) releases same to 
 such pn as Ct may direct (26 vi.). 
 
 2. Land (it vests) (a) for, and (h) in any such (1) estate, (2) 
 maimer, and (8) person, &c. (26 vi.). 
 
 S6— Vesting (qualified operation of (I) a " consequential ") order, or (2) cyce 
 under s. 25 : — it shall not operate further or otherwise as a dis- 
 charge to any (a) continuing or (h) former tree than an appt of new 
 trees under any power for that purpose contd in any nistrument 
 would have operated. 
 
 37 — " Vesting-order'' (effect of the) referred to in pars. SSa and 34 (ss. 12 
 and 32). 
 
 1. Consequential (one) on a new tree's appt by the Ct under the following 
 circumstances, viz. : — 
 
 1. Trustees (it shall have the same effect as if the ps who before 
 such appt were the) (if any), had duly exectited all proper cyces 
 of the land for such estate as the High Ct directs. 
 
 2. Trnstees (if there are (1) no) or (2) none of full capacity -. — then 
 it shall have the same effect as if such pn ((/) had existed, and 
 (h) been of full capacitr, and (c) had duly executed all proper 
 cyces, &.C. (vide sub-par. 1). 
 
 3. Other (in every) case: — it shall have the same effect as if the (1) 
 class or (2) description of persons, (2) person, or (3) tree to 
 whose (a) rights or (6) supposed rights the sd provns resply 
 relate (1) had been an ascertained and existing pnof full capacity 
 and (2) had executed (a) a cyce, or (b) release to the effect 
 intended by the order (s. 32). 
 
 2. Copyholds (wliere an order is made hereunder appointing a pn to 
 
 convey) : — 
 
 1. Appointee's (sd) obligations: — to (1) do all things, and {'!) execute 
 all assurances for completing the assurance of the land 
 (s. 34-2). 
 
 2. (1) Lord (obligations of the) and (2) lady of the manor, and (3) 
 every other pn : — he or she shall, subject to the {a) manorial 
 customs and (?>) usual payments, be bound to (1) make " admit- 
 taiice " to the land, and (2) do all other acts for completing the 
 assce throf, as if the ps in whose place an ai)pt is made (1) had 
 
 B B
 
 370 TRUSTEE ACT, 1893. 
 
 done aud (9) executed those things and assces, and (3) were free 
 from disability (s. 34 — 2). 
 38 — " Vesting orclers^^ relating to the following statutory cases: — 
 
 (1.) Ghoses-(as to)-in-action : — cases loherein the High Ct may make 
 an order vesting the right to (a) recover or (b) sue therefor in its 
 appointee {s. 35, i, ii, iii). 
 
 1. Abroad (where a tree, entitled thereto («) alone or (fe) jointly 
 with another, is), &o. 
 
 2. (1) Alive (where it is unceiiain whether such tree is) or (2) dead 
 
 (iii)- 
 
 3. Infant (where a tree, entitled as afsd, is an) : — ii a. 
 
 4. " Non est inventus " : — where such tree cannot be found (ii c.) 
 
 5. Recover ((a) his neglect or (Jb) refusal to) or (2) sue therefor 
 (pursuant to direction of pn absolutely entitled thereto), for 28 
 days next after (a) a ivritten request has been made to him by latter 
 (ii d), or (&) an order of the High Ct for that purpjose has been served 
 on him (ii e). 
 
 6. Trustee (where the High Ct (1) appts or (2) has appd a 
 new) : — i. 
 
 7. Uncertainty (in case of) as to whether tree is (1) alive or (2) dead. 
 (2.) Consequential on judgme)it in the following cases, viz: — 
 
 1. "Conveyance'" (alternative declon by the High Ct where any 
 judgment is given for) of any land either in cases arising out of 
 doctrine of (a) electiort, or (b) otherwise (s. 31). 
 
 1. Trustee within meaning of this Act: — that any of ps to action 
 are such trees of the land, or any part thereof. 
 
 2. Trustees (the interests of ps who, on coming into existence, would 
 be such) : — that the interests of unborn persons who might 
 claim under (1) any party to the a c, or (2) voluntary settlt, or 
 (S) will of any deced who was during his lifetime a pty to the 
 («) contract or (b) transactions concerning which judgment is 
 given, are such trees, and thereupon the High Ct may make a 
 vesting order relating to the rights of those ps (1) born and (2) 
 unborn, as if they had been trees. 
 
 2. Mortgage (for) of land : — vide sub-piar. 3«. 
 
 (2a.) Contingent (vJiere any land is subject to a) right in (1) an unborn 
 jyei'son, or (2) class of unborn ps who, on coming into existence 
 would, in respect thereof, (a) become entitled to, or (b) possessed 
 thereof on any trust, the High Ct may make either of the following 
 orders, viz : —
 
 TRUSTEE ACT, 1893. 371 
 
 1. Releasing (an order) the land from such contingent right, or 
 
 2. Vesting in any pn the estate (a) to or {h) of which he, or they 
 would, on coming, ».tc. (ante). 
 
 3. " Exchange " (alternative declon, d-c, in case of an) of any land: — 
 vide sub-par. 2a-l. 
 
 3a. Mortgage (for) of land : — where any Ct. (a) gives a judgment, or 
 
 (b) makes an order, directing the (1) mtge, or (2) sale of any 
 land, every pn who is (a) entitled to, or (b) possessed thereof, or 
 
 (c) entitled to a contingent right therein (1) as heir, or (2) under 
 the will of a deced pn for payment of whose dehts such (a) judg- 
 ment was given, or (b) order made, and (d) is a ]>arty to the 
 action or peg wherein same is given or made, or (e) is otherwise 
 bound thereby, shall be deemed to be so entitled or possessed, 
 as the case may be, as a tree within the meaning of this 
 Act ; and the High Ct may, if it thinks expedient, make an 
 order vesting the land, or any part thereof, for such estate as 
 Ct thinks fit in the (1) mtgee, or (2) i)chr, or (3) any other pn 
 (s. 30). 
 
 4. ^^ Partition'' (alternative declon, &c., in case of a) of any land: — 
 vide sub -par. 1. 
 
 5. " Sale " (for the) of any land xmder s. 30 : — vide sub-par. 2. 
 
 6. " Sale " (for a) of any land in lieu of partition : — vide sub- 
 
 par. 1. 
 
 7. " Specific " (for) p)erformance of a contract concerning any land: — 
 
 vide sub-par. 1. 
 (3) Conveyance (in place of a) by the follovnng persons, viz. : — 
 
 1. Devisee (heir's) : — where a mtgee of land (1) has died without 
 having entered into (a) posson or (b) rect of the rents and profits 
 throf, and (2) the mtge-money has been paid to a pn entitled to 
 receive it, or (3) latter consents to any order for re-cyce of such 
 land, theti the High Ct may make an order vesting it for and in such 
 (a) estate, (b) manner, and (c) pn or ps as it may direct in any of 
 the following cases, viz. : — 
 
 1. (a) Abroad (where the mtgee's (1) devisee, (2) heir, or (3) per- 
 sonal representative is), i.e., out of the High Ct's. jurisdiction, or 
 (b) cannot be found (29a). 
 
 2, Conveyance (whei'e either of sd ps, on demand made (1) by 
 or (2) on behalf of a pn entitled to require a) of the land, 
 has (a) stated in writing " that he will not," or (b) does 
 not convey it for the fijiace of 28 days next after a proper cyce 
 
 B B 2
 
 372 TEUSTEE ACT, 1893. 
 
 thereof has been tendered to him (1) by or (2) on behalf of such 
 pn (29 b). 
 
 3. Death : — where it is uncertain as to the mtgee's (Ij heir or (2) 
 personal repre, whether he is (a) alive or {b) dead, or (3) sui-vivf r 
 of mtsree's several devisees (29 d). 
 
 4. Devisee (where it is uncertain who is a deeed mortgagee's) : — e. 
 
 5. Devisees (as to) &c. : — vide sub-pars. 4 and 10, 
 
 6. TLeir {y^here there is no) to a mtgee who has died intestate as to 
 the land {e). 
 
 7. Heir (where it is uncertain who is a deced moi-tgagee's) : — e. 
 
 8. Heir (where it is uncertain who is the) of the mtgee, whether he 
 is (a) alive or (6) dead. 
 
 9. Representative (where there is (1) no personal) to a mtgee, &c. 
 (vide sub-par. 6), or (2) an uncertainty as to (a) the psnl repre of 
 the mtgee, whether he is (a) alive or (b) dead, or (c) a deced 
 mtgee's psnl repre (29e). 
 
 10. " Survivor " (where it is uncertain (a) as to the) of a mtgee's 
 several devisees (d), and (b) ivhich of them was the survivor 
 (c,d). 
 
 2. Heir (in place of a conveyance by the mortgagee's) : — vide sub- 
 
 par. 1. 
 
 3. Infant (in place of cyce by an) mtgee : — where any pn (a) entitled to, 
 or (b) possessed of, or (c) entitled to a contingent right in, land, by 
 way of security for money, is an infant, the High Ct may make an 
 order (1) disposing of, or (2) releasing, or (3) vesting such land or 
 right in like manner as in the case of an infant tree is. 28). 
 
 4. Representative (mtgee^s personal) &c. : — vide sub-par. 1. 
 
 5. Ships {shares in) registered under the " Acts relating to merchant 
 shipping'' : — the provns hereof as to vesting orders shall apply to 
 sd shares as if there were stock (s. 35, sub-s. 6). 
 
 6. Stoch (where a tree is entitled (a) alone or (b) jointly with another 
 to) : — cases wherein the High Ct may make an order vesting the 
 right to (1) call for a transfer, or (2) transfer stock, or (3) receive 
 the (a) dividends or (b) income thereof, in its appointee (s. 35, 
 i, ii, iii) : — vide par. 38, sub-par. 1, sub-pars. 1 to 7 incl, substituting, 
 in sub-par. 5, the words " (1) receive the dividends or income thereof, 
 or (2) tranfer stock " for " recover or sue therefor." 
 
 39 — Woman (a married) as a bare tree: — when any (1) copyhold or (2) 
 freehold heredit is so vested in her she may (a) surrender or (h) 
 convey it as if she were a, feme sole (s. 16).
 
 "trusteeships": — CASES (leadino). 373 
 
 C. (L) : Cases (9 recognised leading-), rriathuj to the (1) duties, 
 
 (2) jioirers, and (3) resjxjnsihilities of trunteen, extracted from " White and 
 Tudor s Leading (a) Conveyancing and (b) Equity Cases," 4th and 5th edns. 
 Schedule (alphabetical) of (1) "doctrines or rules" thereby established, 
 arid (2) matters dealt with therein. 
 No. Case. 
 
 1 t) Accumulation (excess of statutory limit for the) of income, Ac. 
 
 (Griffiths V. Vere). 
 
 2 8 Allowance (trustee's) for (1) expenses, and (2) loss of time 
 
 (Robinson v. Pett). 
 
 3 3 Compensation : — one trustee's liability to make good money 
 
 (1) paid over by him to, and (2) misajijilied by his co- 
 trustee (Br ice v. Stokes). 
 
 4 7 Conversion (trustee's duties as regards) or realisation of ppty 
 
 (Howe \. Dartmouth, Earl of). 
 
 5 8 (1) Expenses (trustee's allowance for), and (2) loss of time 
 
 (Robinson v. Pett). 
 
 6 2 Following (when a cestui que trust is justified in (I) attaching 
 
 and (2) ) into an alienee's hands trust ppty which has been 
 improperly applied by a trustee (Basset v. Nosworthy). 
 
 7 1 Lapse of personalty : — when same occurs (Aclcroyd v. Smith- 
 
 son). 
 
 8 4 Perpetuities (rule, established by numerous decisions agst), or 
 
 for prevention of " remoteness," showing extent to which 
 realty can be settled without violating such rule ( (1) Cadell 
 V. Palmer, and (2) Brudenellv. Elwes). 
 
 9 5 Purchase ( (1) rule in equity as to a trustee's) of his trust estate, 
 
 and (2) procedure in order to (a) assure, and (b) prevent 
 any after impeachment of his title ( (a) Fox v Mackreth, 
 and (b) Campbell v. Walker). 
 
 10 7 Realization (tree's duty as regards) or conversion of i»pty 
 
 (Howe v. Dartmouth). 
 
 11 4 "Remoteness" (rule for prevention of), &.Q. (Cadell v. Palmer). 
 
 12 8 Remuneration (tree's allowance or) for expenses, iV:e. (Robin- 
 
 son V. Pett). 
 
 13 9 Securities (insuring the safety of), passing In- deliveiy, and (1) 
 
 settled in trust ( (a) Townley v. Sherborne, (b) Cottam v. 
 Eastern Rwy Co., and (c) Mendes v. Guedella). 
 13a 9 Securitiei^ (responsibility, as regards sd), made awav with by 
 one of several trustees : — vide sd 2 cases.
 
 374 "trusteeships": — cases (leading). 
 
 (A) Cases (epitomes of tlie said recognised leading). 
 
 1 — AcJcroyd v. Smithson, jj. 949 : — Lapse of personaliy, &c. 
 
 1. Lapse {where a) occurs : — if a testor bequeaths " the I'esidue of his 
 pslty " to several persons as tenants in common, 1 of whom (not 
 being (a) a child, or (b) other issue of testor), dies iu his lifetime, 
 his share will lapse, and go to testor' s next-of-kin. 
 
 2. Lapse (no) : — when given to (1) residuary legatees, as joint tenants, 
 nor (2) tenants in common (a) in general terms only, and (h) as 
 constituting a class. 
 
 2 — Basset v. Nosworthy, Eq. 2, p. 1, 5th eel: — 
 
 1. Cestui (3 cases ivherein a) que trust can (a) attach, and (b) follow 
 into alienee's hands trust ppty which has been irnpjroperly applied by a 
 trustee : — 
 
 1. Loan to a tree: — if a tree (to secure an advance to himself), 
 merely deposits a lease (relating to the trust estate), with the 
 lender, latter, being without the legal estate, has no right agst 
 such trust estate. 
 
 2. (1) Purchaser (if alienee be a) (2) for valuable consideration, (3) 
 ■with notice, either (a) actual, or (6) constructive, or 
 
 3. Vohinteer (a mere), whether (a) he had notice of the trust, or (b) 
 not. 
 
 2. Cestui {case ivherein a) que trust cannot so attach, d'c. : — a pchr 
 for (1) valuable conson, (2) without notice, (3) having the legal 
 estate, will be secure, because, " where the equities are equal, the 
 law shall prevail," unless he obtained a cyce of the legal estate after 
 discovering the trust. 
 
 3 — Brice v. Stokes, Eq. 2, p. 877 : — Liability (one tree's) to make good 
 money (a) paid over by him to, and (b) misapplied by his co-trustee : — 
 
 1. Both (when) trustees will be liable: — if one trustee (1) receives 
 money, and (2) hands it over to his co-trustee. 
 
 2. Both (ichen) trustees will not be liable as aforesaid: — in the cise of 
 mone) (1) remitted by him to a co-exor or co-tree, under such cii*- 
 cumstances as might have been expected in the ordinary course of 
 trade, to be pd by him in his neighbourhood, where the remitter, in 
 case it had been money of his own, would naturally have remitted it 
 to someone to jjay away on his behalf, instead of undertaking a 
 journey for the purpose of paying it himself, e.g. as where A. and B. 
 are co-trees, and A., being in Newcastle, and B. in Birmingham, A. 
 remits money to B. to pay a Cr. in Bgham. 
 
 . Personally (when a trustee is) liable: — where he (1) permits his 
 
 1
 
 "trusteeships": — CASES (leadincj). 375 
 
 co-tree to receive money, and (2) does not see to its safe application, 
 
 he will be liable for tatter's uiisappln thereof, tmless there l)e <i su^ciint 
 
 reason, as stated iti snb-par. 2. 
 4 — Cadell v. Palmer, Conv. 2, p. 331 ; — vide " Supplement " at i-nd. 
 5 — Fox V. Mach-eth (1 White, <€-c., 127) : — tree'i^ fortmhten piirrhase of 
 
 trust-ppty. 
 
 1. Agrt by deft (a tree for pit of certain ppty) to purchase it for 
 i£39,500, which was afterwards effected by 
 
 2. Conveyances (the subsequent execution of) thereof. 
 
 3. Re-sale (deft's) of such ppty at a pi-ofit of ^11,000. 
 
 4. Judgment therein: — that the deft, having pchd from his cestui during 
 his treeship, must account for the sd profit. 
 
 6 — Griffiths v. Vere : — Excessive accumulation of income (vide " Supplt."). 
 7— Howe V. Dartmouth (Earl of), 2 Eq. 1, pp. 123-166 :— Trustee's duty 
 to convert or realise ppty. 
 
 1. Applicable (when sd rule /.") .-—where a testor, possessed of (1) 
 annuities for life, (2) leaseholds, and (3) reversionai'y interest, dies, 
 having, by his will, heqiieathed his pslty as a whole (a) for life, (6) 
 with remainders over, and not specifically, (i.e., upon trust for (1) his 
 widow for life, and (2) subject thereto, upon trust for his children, 
 and does not give any directions as to the mode of dealing there- 
 with), the exors duty, as regards its realisation, would l)e to (a) 
 convert, and (b) put it into si;ch a state of investment (e.g., (1) =£3 
 per cents, or (2) some other proper invt), as will effect iinte the objects 
 specified in sub-par 2. 
 
 2. Conversion (reasons for sd) : — in order that such reversionary or 
 wasting ppty may be (1) preserved, and (2) securely available for 
 (rt) the remainder-men (children), and (b) life-tenant (u-ldoir), and 
 that she may reap the benefit of future (and otherwise' unproductive) 
 interests. 
 
 3. Co7iversion (when sd) is always effected : — where " wasting-ppty " is 
 included in a general residuary bequest, to be enjoyed Viy persons in 
 succession. 
 
 4. Conversion (tvhen no) is necessary : — when eithci- reversionary or 
 wasting ppty is given to persons " in specie," i.e., specifirally 
 (strictly), thentestor's intention (the only reason for its conversion), 
 is wanting vide also p. 195, par. 21, sub-pars. 1-4 incl. 
 
 5. " Specifically" {rule where ppty is not) bequeathed : — ride sub-par. 1. 
 8 — Robinson v. Rett, 2 Eq., p. 238, 4//t ed. -.—Trustee's allownnce for, 
 
 or "reimbursement" of out-of-pocket expenses, but nothing more.
 
 376 "trusteeships": — cases (leading). 
 
 1. Expenses Jegitimately and properly incurred: — maj he defrayed out 
 of tiiist funds without any express provision therefor (see (1) 22/3 
 V. c. 35, s. 31, and (2) 45/6 V. o. 38, s. 43). 
 
 2. Express (reason why an) provision (a) by will, or (6) other instru- 
 ment apptij him exor or tree, for remuneration for his (1) care, (2) 
 services, and (3) trouble is necessary : — because he is not allowed 
 to make a profit out of his trust. 
 
 3. Express (cases wherein sd) testamentary proim is ^innecessary : — vide 
 sub-par. 5. 
 
 4. (1) Inconvenience occasioned to, and (2) loss of time sustained by 
 a tree in the (a) management, (b) realization, and (c) distribution 
 (final or intermediate), of an estate : — he is not entitled to any 
 remuneration therefor. 
 
 5. Remuneration (7 cases wherein a trustee is entitled to) : — 
 
 1. Constructive (a) tree who has (1) carried on business, and (2) is 
 liable to account, will be allowed a compensation for (a) his 
 exertion therein, and (b) skill in the management thereof. 
 
 2. Contract (by virtue of a bargain or) entered into Ijy him (before 
 accepting the trust), with his (a) cestnis (if they are of (1) full 
 age, and (2) sui juris), or (b) the Ct, that he will not accept it, 
 unless fairly remunerated for his services, &c. on the strength of 
 which he has consented to act therein. 
 
 3. " Costs (cdl), charges, and expenses, properly incurred by him in 
 relation to the trust, beyond his costs of suit " ; — he is entitled to 
 payment thereof out of such estate, including, d'c, vide sub- 
 par. 5. 
 
 4. Solicitor (a) tree : — is also disentitled as afsd, unless he is 
 specially authorized to make his usual charges therefor under and 
 by virtue of the trust instrument (but vide par. 2). 
 
 5. Costs (his rights for the], if any, of any (a) action, or (b) peg (1) 
 instituted by him for the benefit of the trust, (2) not otherwise 
 recoverable. 
 
 1. Lien (he has a) on the trust estate therefor. 
 
 2. Trust (if the) has been "closed": — they are recoverable per- 
 sonally from his cesttii. 
 
 6. Express (by virtue of an) or special authority and p)rovn ihexeior, 
 given by the (a) wnll, or (b) other instrument apjiointing him 
 exor or tree. 
 
 7. Indian (East) exors, administering there, vrere formerly (under 
 Acts now repealed), allowed a commission for management.
 
 "trusteeships": — CASES (LEADING). 377 
 
 8. Itidimi (West) trust estates: — (1) guardians, and (2) trei'S 
 thert'of are (by the "As.seinl)ly Acts") entitled to cliaige a 
 coninin, not excdg £6 }). c, duriny their personal nianagemetit . 
 
 9. (1) Legitimately (exps), and (2) propei'ly incurred: — may be 
 defrayed out of trust funds, without any express provn (a) 22/3 
 V. e. 35, s 31 ; (6) 45/6 V. c. 38, s. 43. 
 
 10. Voluntary (a) payment to a tree by his cestui qtie trust, witli full 
 knowledge, by I itter, that he is not bound to pay him. 
 
 9 — Toivnley v. Sherborne, 2 Eq., pp. 870-914: — 
 
 1. Securities {rule where), passing by delivery, are (a) settled in trust, 
 and (6) destroyed by one of a number of trustees : — All are respon- 
 sible for a breach of trust (1) committed, or (2) in any way arising 
 in consequeucr! of their own negligence or proceeding, but not for one 
 arising through a dishonest act on the part of one, committed without 
 the others' knowledge or negligence. 
 
 2. Securities (course to ensure the i^afefij of sucli) : — 77-8, 17-18. 
 
 (B) Cases (6 other miscellaneous Leading), involving the 
 
 follovnng principles, viz. : — 
 
 1. Dyer v. Dyer: — an imjjlied trust on a oyceof ppty (purchased by A.) 
 to B. 
 
 2. Ellison V. Ellison : — circumstances under which the Ct will decree 
 execution of the trusts of a " voluntary settlement." 
 
 3. Huntingdon v. Huntingdon: — an implied trust (on mortgage 
 by a wife of her separate realty for her husband's (1) benefit, 
 and (2) purposes), on his re-payment of ppal and int. there- 
 under. 
 
 4. Keech v. Sandford : — tree of a renewed lease for l>enefit of, and 
 assnt thereof to his infant cestui. 
 
 6. Lakev. Craddock: — vide sub-par. 1 thereof as to the dictum thereby 
 
 established. 
 5a. Lake v. Gibson .-—the like. 
 1 — Dyer v. Dyer (1 White and Tudor's Leading Equity Cases, 223). 
 1. Principle {the) involved therein : — 
 
 1. Cyce of ppty (purchased hy A.) to B. 
 
 2. Result {implied), in absence of any contrary evidence : — B holds as 
 a tree for A. 
 
 3. Result {reasons for such) : — 
 
 1. Intention (an unexpressed, but nevless, under the circuinstances, 
 fairly presumable) that B. was meant to hold in trust for A,— 
 is held bv the Ct.
 
 378 "trusteeships": — cases (leading). 
 
 2. Unnatural (it is) to sup2:)ose that A. pd the purchase-money to 
 benefit B. 
 
 4. Trust (cases wherein Ct would, purely on the point of probable 
 intention, (1) consider B. as a beneficiary, and (2) not raise a) ; — 
 if B. was (a) a child or (b) wife of A.'s, not otherwise provd for. 
 
 5. Trustee (nature of the evidence adducible to show that B. was really 
 meant to tahe as a), notivithstanding the relationship existing : — 
 
 1. (1) Admissions (any) of, or (2) statements by B., whether (a) 
 contemporaneous, or (b) subsequent, to the effect that he only 
 held as a tree. 
 
 2. Statements (A.'s contemporaneous, but not subsequent) as to what 
 his real intention was. 
 
 2 — Ellison V. Ellison. : Circumstances utider which the Ct will decree 
 execution of the trusts of a voluntary settlement. 
 
 1. Against tvhom the Ct will decree execution of the trusts of a voluntary 
 settlt : — the (a) settlor, and (b) all claimants under him, except a 
 pchr under 27 Eliz. c. 4 (but see now 56/7 V., c. 21). 
 
 2. Circumstaiices (the several) under which, &c : — vide par. 2. 
 
 1. Declared (where settlor has) himself a tree for " settlement- 
 pui'poses," or 
 
 2. (1) Transferred (where he has) his entire interest in the ppty to 
 trees, or (2) done all in his power with that view, or 
 
 3. Triistee (plainly shown an intention to constitute himself a) in 
 pr^esenti. 
 
 3 — Huntingdon v. Huntingdon (2 White, Sec. L. Equity Cases, 521). 
 1. Facts (the) thereof: — 
 
 1 Mortgage (a) by the (a) Countess, and (b) Earl of Huntingdon 
 of her realty, /or his benefit and purposes. 
 
 2. Re-conveyance (a subsequent) thereof to him on his re-payment 
 of the ppal and int. due thereunder. 
 
 3. Judgment therein : — 
 
 1. Otv?iership (as to the) of the re-conveyed realty: — held that (1) 
 substantially latter belonged to Countess, and (2) Earl 
 (though seised of the legal estate therein), .simply held as her 
 tree. 
 
 2. Surety (that she simply mortgaged her sd realty as) for him. 
 
 3. Trust (resulting) thereof: — that an unexpressed, but fairly 
 presumable intention exists between the ps that she shall have 
 her estate back unincumbered. 
 
 4. Special facts unconnected with the said case : —
 
 "trusteeships": — CASKS (leading). 37J> 
 
 1. Intention {dinjiroof of sd) :— evidence may l>e j^'iveii to show a 
 contrary intention. 
 
 2. Redenqitiou (limitation of the equity <>/ ) :— it may lie that 
 the wife intended to alter this. 
 
 4 — Keech v. Sandford (1 White, &c. L. Equity Cases, 46). 
 
 1. Facts {epitome of the) of the case : — 
 
 1. Bequest of the lease of Romford market to B. in trust for nn 
 infant. 
 
 2. Renewal (lessor's refusal of B.'s applon, before expiration of 
 term, /or a) of lease for sd infant's benefit ; subsequently 
 
 3. Lease (a) was granted to B. personalUj. 
 
 2. Judgment therein : — that (1) B. was a tree thereof for, and (2) must 
 assign the lease to such infant. 
 
 2a. Reasons for the said judgment : — 
 
 1. Advantage (an) from his trust was indirectly gained by B., of the 
 personal benefit whereof he was (according to the rule on the 
 subject), disentitled to. 
 
 2. Trusteeship (B.'s) had enabled him to (1) negotiate for, and (2) 
 ultimately obtain a grant of the sd lease directly to himself, 
 instead of for the benefit of his infant cestui. 
 
 3. Reasons ivhy a trust is raised herein by the Ct. 
 
 1. Temptation (it would expose trees to). 
 
 2. Unfair : — that it is contrary to fairness. 
 
 3. Unjust (that it is) to let the tree retain sd profit 
 
 ^-1 Lake v. (1) Craddock, and (2) Gibson (Equity Cases, 698). 
 oa — ; 
 
 1. Dictum thereby established: — that where ppty is acquired for a joint 
 undertaking in the nature of (a) a business or (5) si)eculation, //je 
 ps loill be deemed tenants in common. 
 
 2. Equity will strive to make them tenants in common, if it can find 
 any possible ground for alleging that such a tenancy was intended. 
 
 3. Law (at) : — they are joint tenants. 
 
 4. Legal (the) estate : — (1) goes (under the rule of law), to, the sur- 
 vivor, who (2) will hold as a tree for, and us to any deced pns aha re. 
 
 5. Mortgage (where money is advanced, in unequ^tl shares, on) : — 
 
 1. Receipt (the survivor of several nitgees can always give a valid), 
 unless the advance is e.vpressed to be in shares. 
 
 2. Rights (their) inter se : — remain unaltered. 
 
 3. Trust (a) is raised by the Ct, founded on the j»s j.robable (a) 
 intention, and (b) meaning, from the nature of the transac-
 
 380 TBT7STEESHIPS : " CONTENTS-TABLE." 
 
 tion, which latter forms a sufficient basis for the Ct to see the 
 former. 
 
 6. Purchase (an ordinary), where the pchse-money is advanced in 
 unequal shares : — vide par. 2, sub-par. 
 
 7. Survival'' s rights : — vide suh-par. 4. 
 
 8. Trust (a) is raised by the Ct, founded on the ps probable intention 
 from the nature of the transaction. 
 
 (a) Trusts : — the general Law relating thereto. 
 
 (b) Trustees : — the general Law relating to their several (1) duties, 
 (2) liabilities, (3) remedies, and (4) rights respectively in relation to the 
 trust estate. 
 
 N.B. — Paragraphs (as to the short) hereinafter marked " a," it has been 
 deemed advisable {for brevity's sake) to incorporate thetn in the follow- 
 ing Table, in order to avoid the repetition thereof in the text. 
 
 Contents (alphabetically classified " Summary " or Table of). 
 No. Pa^e. 
 
 1 390 Acceptance (acts constituting such an express) of 
 
 trusts of (rt) a deed, or (b) will respectively, as 
 jjreclude a tree's "disclaimer" thereof. 
 
 2 390 Account (an) betiveen (a) cestui and (b) tree: — mode 
 
 of taking same. 
 
 3 390 Accumulation of income, rf-f. : — result of excess of 
 
 statutory limit therefor. 
 
 4 390 Actioitby a cestui agst his tree, SiS amended by " Trustee 
 
 Act, '93," &c. 
 a 4a Action (residt of the institution of an) (1) agst or (2) 
 
 by a tree for the execution of trusts under court's 
 
 order : — practically, the ivhole matter is thereby placed 
 
 under its control. 
 Active (an) or '^special" trust: — definition thereof. 
 " Acts " (schedule of) repealed by " Trustee Act, '93" ; — 
 "Acts (Trustee) 1850/2" : — ride pars. 7 and 8 Appendix 
 
 T.A.R. as to the extent of their repeal by the 
 
 " Trustee Act, '93." 
 Advou-son (when the right of presentation to an) or 
 
 liviug devolves upon (1) heir-at-law, (2) personal 
 
 lepreseutative, or (3) tree respectively. 
 
 5 
 6 
 
 7 
 
 391 
 
 345-6 
 
 345 
 
 8 
 
 391
 
 No. 
 
 Pa^e. 
 
 11-12 
 
 391 
 
 13a 
 
 391 
 
 14 
 
 391 
 
 TRUSTEESHIPS : — " CONTENTS-TABLE." 381 
 
 '^Agents" {i^roperhj selected), &c: — losst's thnm^'li 
 
 them. 
 " Appointees " as trees in a (1) constructive, (2) an 
 
 express, or (3) implied trust. 
 ''^Appointment of" a new ( (1) in place of a l»ankru])t 
 tree), and under (2) the "Conveyancing Acts," (3) 
 " Trees' Appt Act, '90," and (4) " Trustee Act, '93 " 
 respectively. 
 
 a 14a Assignment (an) of any existing trust (not arising 
 
 merely by (1) construdion, or (2) implication of 
 law) : — it rmcst always be in writing (St. of Frauds, 
 s. 9). 
 15 374 (2) (1) Attachment of , or (2) following, by a cestui, of mis- 
 applied trust ppty : — vide " Cases (Leading)," No. 
 6-2. 
 Attachment (no), &c., of sd ppty: — 2 cases wherein 
 
 latter is not attachable. 
 Attorney (a po^ver of), — jmyment, &c., hy a tree (1) 
 
 pursuant thereto, and (3) thereunder. 
 Bank (reason tvhy a tree must not keep money indefi- 
 nitely on deposit at a) : — because it is (1) an unautho- 
 rised, and, therefore, (2) unlaioful invt. 
 413 Bank (loss through a) failure: — vide par. 67 (3). 
 
 Bankers (trust money at a tree's) : — " presumptions " as 
 to same. 
 Bankruptcy (effect of a tree's) on his freeship in follow- 
 ing cases : — 
 392-3 1. Breach (on his) of trust, since the " Bankruptcy 
 Act, '83." 
 
 2. (1) Removable (when a bkt-tree is) generally, by 
 order, and (2) a new tree apptable in his place. 
 
 3. Settlement (an ante-nuptial) : — as to the effect 
 thereon of a settlor's subsequent l>ankruptcy, vide 
 " Settlement, &c." par. 95(Z. 
 
 «4. Trust ppty in a bkt-tree's possession does not pass to 
 his tree. 
 20a 393 5. "Trustee Act, '50":— as to efferl .^f his bkt<y 
 
 within meaning thereof. 
 19 393 6. Trusteeship (his) : — effectof his bankruptcy thereon. 
 
 16 
 
 392 
 
 17 
 
 392 
 
 a 17a 
 
 
 I7b 
 
 413 
 
 18 
 
 392 
 
 18a 
 
 
 
 18c 
 
 392. 
 
 20a 
 
 393 
 
 18b 
 
 425
 
 No. 
 
 Page 
 
 21-2 
 
 393 
 
 22a &h 
 
 393 
 
 23 
 
 393- 
 
 24 
 
 415-1 
 
 27 
 
 395 
 
 27a 
 
 395 
 
 27& 
 
 395-6 
 
 382 TRUSTEESHIPS : " CONTENTS-TABLE.' 
 
 '■'■Bare {a) or simple trust": — (1) definition, and (2) 
 example thereof, (3) his 2 obligations and respon- 
 sibilities. 
 
 " Benefits " gained by a tree : — the rule as to the same. 
 -5 " Breaches of trust" : — the law relating thereto. 
 415-16 " Certainties " (3) required, to enable equity to construe 
 words of (a) confidence, (h) hope, (c) recommenda- 
 tion, or (d) request, as creating a trust. 
 25-6 395 "Cestui que trust'':— (I) definition thereof, and (2) 
 
 his several rights agst his tree in certain specified 
 cases. 
 
 Charitable (a) trust : — definition thereof. 
 
 Charitable trusts : — 5 examples thereof. 
 
 Charities (the ways wherein the Ch Bn treats) with 
 l^eculiar favour. 
 27c 396 Charities (the manner in which equity treats) with 
 
 disfavour, as compared ivith individuals. 
 28 396-7 Classes (11 different) of trusts : — alphabetical schedule 
 
 thereof. 
 
 Classes (the 3 general) of ti'usts. 
 
 Classification (alternative) of trusts : — '^^ Supplt." (4). 
 
 Conditions (the usual) on a sale by public auction, by 
 trustees, of a (1) freehold, or (2) leasehold house. 
 
 Conditions {special) of sale of " copyhold " property. 
 
 " Constructive (a) trust" : — definition thereof. 
 
 '^Constructive (a) trustee'": — (1) definition, and (2) 
 2 examples thereof. 
 
 31 399 " Contributioti " beticeen trees, jointly implicated in a 
 
 breach of trust. 
 
 32 399 Contribution (2 alternative courses adaptable by a tree 
 
 (1 of 3 trees), who is (1) sued for a breach of tnist, 
 and (2) pays the claim and costs. 
 
 33 399 " Copies " (when) of deeds and documents (in a 
 
 trustee's custody), relating to a trust estate, may be 
 taken by a cestui que trust. 
 
 34 399 Costs of appointment of new trees of a settlement of 
 
 freeholds. 
 34a 399 ) County ( (a) actions or (b) matters wherein a) Cotirt 
 
 400) has all the i)owers of the High Court of Justice. 
 
 28a 
 
 397 
 
 28& 
 
 
 29 
 
 397 
 
 29a 
 
 398 
 
 30 
 
 398 
 
 30a/6 
 
 398
 
 TRUSTEESHIPS : — '" CONTENTS-TABLE." 383 
 
 No. Page. 
 
 346 400 Creation (2 modes of) of a trust, citlKT (a) for value, 
 
 or (6) voluntary. 
 34c — — Criminal (a tree's statutory) liuf/ility for " niisappnj- 
 
 priatiou, &c." : — inde " Sujjplement,'' par. 4. 
 34(Z 400 Declaration (a) of t runt: — requisites to render same 
 
 effectual. 
 34e 400 Declarationit (what) of trust are required to be 
 
 written, dx. 
 34/ 400-1 Declarations (what) of trust are not required to he 
 
 written, Siv. 
 
 35 401 Decree {effect of a) made in an a c for execution of a 
 
 tiust, &c. 
 
 36 401 Defence (when a) of tree's " disclaimer of tru)<t " 
 
 should be put in. 
 
 37 401 Defence {severance of) when 2, or more, trees appear 
 
 in an action by one solicitor. 
 
 38 401 " Delegation " (a tree's) of a power to another " to act 
 
 for him in the trust." 
 38a 401-2 Delegation (a tree's) of his power " to give receipts." 
 
 39 402-3 Delegations (3) or appointments recognised: — schedule 
 
 thei'eof. 
 
 40 403 Devisee • trustee : — eJBEect of a trust for (a) testor's 
 
 residuary devisee, or, if none, (6) his heir-at-law. 
 40a 403 Devolution {statutory) of trust ]jpty in case of the 
 
 death of the (1) last surviving, or (2) sole trustee. 
 
 41 403 Discharge {trustee's) from his trtist: — modes whereby 
 
 a trustee (after acceptance), may divest himself of 
 his trust. 
 42/4 403-4 Disclaimer of trust by a (1) beneficiary, (2j legatee- 
 
 tree, and (3) trustee (of a power given to him). 
 
 Eligible (])ersons) as trustees. 
 
 Equity (3 different kinds of trusts recognised in) : 104/<. 
 
 "Estates" (the differences between (1) eqnitabk', and 
 (2) legal) respectively. 
 
 "Estoppel" {permanent) of a cestui que tru.tt. 
 
 Estoppel {temporary) of one of several restuis: — ride 
 par. 23 (4-2). 
 49a 405 Evidence of a trust :— trusts (1) required, and (2) not 
 
 required to be in writing. 
 
 45 
 
 404 
 
 46 
 
 390 
 
 47 
 
 404 
 
 48 
 
 , 404 
 
 48a 
 
 394
 
 384 TRUSTEESHIPS : " CONTENTS-TABLE." 
 
 No. Page. 
 
 50 405 (1) "■ Execiddble" (illustrative cases as to), and (2) 
 
 non-executable trusts of a will. 
 
 51 405-6 " Executed'^ (a?i) trust: — its (1) construction, (2) 
 
 definition, and (3) enforcement ; (4) 2 examples 
 thereof. 
 
 52 406 Execution {compulsory) of a trust, when a tree who has 
 
 (a) been appointed by deed, and (fc) accepted the 
 trust, refuses to act. 
 52a 406 Execution (declined) of a trust: — equitable remedy (to 
 
 obtain its ex on), where a tree has (a) been apptd 
 by deed, but (h) never acted in, or (c) accepted 
 trust, and (d) refuses to do so. 
 
 53 406-7 Executory (an') trtcst : — (1) construction, (2) definition, 
 
 (3) examples, &c, thereof. 
 
 54/a 407 Express (an) trust: — (1) definition, and (2) example 
 
 thereof. 
 
 55 407 "Failure (the) of a trust is impossible" : — (1) maxim, 
 
 and (2) meaning thereof. 
 
 56/rt 407-8 Implied (an) trust: — (1) definition, and (2) 5 examples 
 
 thereof. 
 
 56& (1) Indemnity, and (2) reimbui'sement clause, formerly 
 
 inserted (for a tree's protection), in trust instru- 
 ments) : — 
 
 1. Implied (it is notv), by statute, in every trust 
 instrument :—t'?(7e " Supplement," par. 5. 
 
 2. Valueless (reasons why it is). 
 
 56c Infancy (tree's (1) former statutory discretionary, hut 
 
 (2) now qvAxlified power during) of a cestui to 
 
 apply income for his (a) benefit, and (h) mainte. 
 
 nance: — vide ^^ Supplement," par. 6. 
 a 57 Infant (the appt of an) as sole tree is unadvisahle, if 
 
 there is any probability of his having to act before 
 
 attg 21. 
 58 408 Interest (cases wherein a tree will be charged with). 
 a(58a Interest (general rule as to the rate of) a tree (u-ho 
 
 lias delayed investing trust money) will be charged 
 
 with : — £4 per cent, per annum. 
 586 408-9 Interest (more than 4 p.c.) : — 5 cases wherein a tree 
 
 will be charged therewith.
 
 TRUSTEESHIPS: " CONTENTS-TABLE." 385 
 
 No. Paare. 
 
 59 409 Investment of trust funds by trustees : — 
 
 1. Capital (of) or corpus until a life-tenanV s death : — 
 vide p. 210, par. 316. 
 
 2. (1) Duties (their several), (2) liabilities, (3) 
 remedies, and (4) rights in relation thereto : — vide 
 pp. 223-5, par. 44, sub-pars. 1-12 incl. 
 
 3. Land (purchase of) by trees: — "precautions to 
 be taken on their behalf," 225-456. 
 
 4. Mortgage (on), by (a) a life-tenant, or (b) trees: — 
 pp. 225-6, par. 46 (1-2). 
 
 5. " Precautions " to be taken on behalf of tree- 
 purchasers : — 225, 456. 
 
 6. Statutory invts uiider Supreme Ct Rules, &c.: — 
 226-7, 47, 1-11. 
 
 7. Statutory invts under " Trustee Act, '93 " : — vide 
 pp. 347-8, ;7ars. 2-4 (1-13). 
 
 8. " Wasting-2)pty" (proceeds of sale of), included 
 in a general residuary bequest, to be enjoyed 
 by persons in succession : — vide p. 194, suh- 
 par. 20. 
 
 60 409-10 Lease (effect of a) by a trustee to himself. 
 
 61 410 Lease (reneival of a) : — trust frequently arising there- 
 
 out. 
 
 62 Liability (trees') through (1) carelessness and (2) 
 
 want of (a) diligence and (6) forethought in dealing 
 with matters not prescribed by the Court as 
 " duties" : — vide " Supplement," par. 7. 
 62a 410-11 Liability (personal) of trees ior the " acts" of certain 
 specified parties. 
 
 63 411 Lie7i (a tree's) on trust estate : — (1) how it arises, and 
 
 (2) mode of satisfaction thereof. 
 64a/6 411-12 Limitation (Statutes of): — (1) application thereof, 
 
 (2) distinction between position of (a) a constructive, 
 
 and (6) an express tree, with reference to the 
 
 benefit thereby afforded. 
 64c 412 Limitations (St. of) are now pleadable by a tree. 
 65 412 Loan (a) by trustees to a co-trustee : — 
 Q^3 Loss sustained by a tree in (after making a profit ui)on) 
 
 an unauthorised invt of a part of the ti'ust pi>ty — 
 c c
 
 66b 
 
 342 
 
 (2ld) 
 
 67 
 
 
 413 
 
 68 
 
 
 413 
 
 386 TRUSTEESHIPS: " CONTENTS-TABLE." 
 
 No. Page. 
 
 mode of taking the a'c therein as hetiveen (1) cestui, 
 and (2) tree : — vide " Supplement" par. 8. 
 66a 412-13 " bosses " to the trust estate for which a trustee is 
 irresponsible. 
 Losses (liability for) by reason of improper uivts : — 
 Losses, &c, for which a trustee is personally responsible. 
 " Maxims " (6) and inviolable doctrines or rules appli- 
 cable to trusts. 
 6d 413-14 (1) Misappropriation of, and (2) failure to acct for 
 
 trust-moneys, by (a) trustees, or (b) other persons 
 acting in a fiduciary character. 
 
 70 414 Mortgage (6 prominent disadvantages of, showing the 
 
 reasons why a 2ftcZ) is not a proper investment for 
 trust fimds, 
 
 71 414 New (4 modes of appt of a) tree or trees in place of 
 
 certain specified persons. 
 
 72 414 Payment (illustrative case as to) to exors by trees. 
 
 73 414-15 Payment (4 cases wherein a tree's) of Stock, under 
 
 " Trustees Relief Act," is justifiable. 
 
 74 415 Payment (effect of a tree's) of money under the 
 
 Court's direction. 
 " Perpetuities " (la iv agst) : — vide " Supplement," par. 1. 
 (1) " Poiver (a), and (2) Trust" : — difference between 
 them with regard to their devolution upon the death 
 of the (a) donees and (b) trustees respectively. 
 Power (when a) is held to be in the nature of a trust. 
 Power ( (1) how, and (2) when sd) will be exercised 
 
 by the Ct. 
 Power (an example of the said). 
 
 Powers (trees') are, as a ride, joint only, and not like 
 those of exors (a) joint, and (b) several. 
 76 415-16 "Precatory" (when) words of (1) confidence, (2) 
 
 hope, (3) recommendation, or (4) request, used by 
 a testator, create a trust. 
 
 I 76a Precatory (CVs modern leaning in construing) words as 
 
 trusts : — has been against them. 
 76b 416 Precatory (a) trust : — an example thereof. 
 
 76c " Procedure " connected with, and incidental to trusts : 
 
 — vide App. P at the end hereof. 
 
 74^ 
 
 
 75 
 
 415 
 
 75a 
 
 415 
 
 75b 
 
 415 
 
 75c 
 
 415 
 
 75d 
 
 
 I
 
 TRUSTEESHIPS: — "' CONTENTsJ-TABLB." 387 
 
 No. Page. 
 
 77 Profit (a tree is never allowed to nuiki' miij) nut <if his 
 
 tritxt. 
 
 78 - — Profit (how the account is taken agst a trustt-..' who 
 
 makes aj by an unauthorised investment, &.c. — vide 
 
 (1) par. 66, and (2) " Sup2>leinent," par. 8. 
 
 a 78a Profits, made by an exor or tree out of his user of trust 
 
 money in trade, must be accounted fur. 
 78b 416 Profits made by a '^ qiiasi-tree" : — ilhistrative cas." ;is 
 
 to same. 
 78c 418 " Puffer " (effect of the employment <jf a) or jx-rsou 
 
 hired to (1) bid, and (2) raise tlie prices at a sale 
 
 by public auction. 
 
 79 418-19 Purchase (cases wherein (a) a quasi-free, and {h) tree 
 
 may) from his (1) principal, and (2) cestui que trust 
 respectively. 
 
 80 419 Purchase (effect of an improper), without actual fraud, 
 
 by a tree from his cestui : — Ct's usual course, if 
 cestui does not want a re-conveyance. 
 
 81 419 Purchase by a trustee for sale from his fumur restui que 
 
 trust: — circumstances under which the same is 
 allowed. 
 
 82 419 Purchase (when a pchr can, in the absence of the 
 
 usual receipt clause, pay his) money, without l>t'ing 
 
 bound to see to its application. 
 Purchaser (a trustee) : — avoidance of a sale to him. 
 Purchaser (a trustee) of realty from his cestui que trust, 
 
 soon after latter attaininij 21 : — avoidance of a sale 
 
 to him. 
 419-20 Purchaser (a sale to a trustee) : — '' terms of avoidance " 
 
 thereof. 
 Purchaser's (a) "precaution" on a purchase from a 
 
 tree : — if he purchases with hnowledije of a breach of 
 
 trust by latter, he would not be safe therein. 
 '' Purchasers" prohibited (generally speaking) by 
 
 Chancery Division. 
 Receipt of money by trees :—t\n.'h' (1) individual, an. 1 
 
 (2) joint liability .—vide No. 91, [>. 421. 
 (1) ''Receipts" can he given, and (2) a ijood title made, 
 
 by trees, without exors' concurrence, under a trust for 
 c c 2 
 
 83 
 
 419 
 
 83a 
 
 419 
 
 83& 
 
 419-i 
 
 a 84 
 
 
 
 85 
 
 420 
 
 85a 
 
 421 
 
 a 86 

 
 388 trusteeships: — " contents-table." 
 
 Ko. Page. 
 
 sale, e.g., (a) a devise of realty to A. and B., in trust 
 for sale, and (&) appt of C and D. as exors. 
 
 a 86a Receipts (o tree's " delegation " of his povjer to give) : 
 
 — is valid to the extent allowed by 51 '2 F., c. 59, s. 17 ; 
 567 v., c. 53, s. 17. 
 866 420 Beceipts (result where trustees join in) : — 
 
 8" 420 '' Bedemption'' of mortgaged premises : — the rule as to 
 
 same. 
 88 420 " Belease {precaution as regards a proposed) of a part 
 
 only of mortgaged premises, »fcc. 
 
 a 88a Belease {reason why) of a tree who pays money under the 
 
 Couii's direction is unnecessary : — because the Cfs 
 order is a svfficient indemnity {Waller v. Barrett, 24 
 Beav. 413.) 
 88?> 420-1 Belease (3 cases wherein a proper) should be taken 
 from beneficiaries or cestuis que trust by (1) exors 
 and (2) trustees respectively. 
 Belease (what a projierly-drawn) should contain. 
 Bemoval of a bankrupt-trustee : — vide p. 356, par. 6. 
 Bemuneration (the several cases wherein a tree is 
 
 entitled to) : — par. 5, siib-pars. 1-10 incl. 
 Besponsibilities of trustees for each other's acts. 
 Besjjonsibility {distinction between the) of (a) a mortgagee 
 exercising a power of sale, and {b) trustee for sale. 
 92,(1 k b 422-3 " Besultiug {a) trn.^t'' .—(1) definition, (2) 2 examples 
 thereof, and (3) vesting of the 2 estates therein. 
 Besi'lting {a) use: — definition thereof. 
 " Bidding oneself of a trusteeship : — 4 methods. 
 Bights {the several) of a cestui agst his tree in 7 speci- 
 fied cases : — vide " Supplement," par. 9. 
 Sale {a) of trust ppty : — for a trustee's strict duties 
 thereon, vide " Procedure," App. P., par. "Sale, &c." 
 " Settled {the) Land Act, 1882 " .—abstract of its pro- 
 visions as regards (a) the life-tenant, and (&) trees 
 under the settlement respectively. 
 056 424-5 " Settled Land Acts," (!) '82, and (2) :— i)ersons who 
 are to be considered trees for a settlement for 
 statutory purpose thereunder. 
 95c 425 {o) Settlement (powers, &c., formerly contd in a well- 
 
 88c 
 
 421 
 
 89 
 
 356 
 
 90 
 
 376-7 
 
 91 
 
 421 
 
 91f/ 
 
 422 
 
 92c 
 
 423 
 
 93 
 
 423 
 
 94 
 
 
 95 
 
 
 95a 
 
 423-^
 
 TRUSTEESHIPS : — " CONTENTS-TAULE." 389 
 
 No. Page. 
 
 drawn), or (h) n'dl, iiow oiiui<i<lbIe tliorefroin in 
 
 ordinary cases. 
 Settlement (an ante- nuptial) : — eft't'ct tliert'ou of tho 
 
 settlor's subsequent Ijankruptoy. 
 Settlement (ordinary trusts of a marriage) of per- 
 sonalty : — abstract thereof. 
 Settlement (trusts of an orilinary marriage) of renltij : 
 
 — abstract thereof. 
 Settlement (sd marriage) of realty : — schedule oi rlauses 
 
 insertable therein. 
 " Sitnj^ile'" {example of a) or " hare " truMee : — par. "21. 
 ''■Solicitor-trustee^^ (when a) may be made primarily 
 
 liable for total loss through a breach of trust. 
 Solicitor (trees' employment of a) : — when (1) allowed, 
 
 and (2) forbidden respectively. 
 Solicitor (trees' employment of their co-fne, a) : — when 
 
 allowable. 
 "Solicitor's (trustee)" charges for all "professional 
 
 services " rendered to the trust. 
 " Special (definition of a) or an "active trustee " : — vide 
 
 par. 5. 
 "Sporting" (ti'ee's right of) over trust estate :— ('•/// 
 
 not (npon the pple mentd in par. 77), be alloived to 
 
 him (Robinson v. Pctt, ante). 
 100 394 "Stoppage" (tvhen) of equitable interest of a cestui 
 
 (who has concnrred in a breach of trvsf, committed by 
 
 trees), is justifiable : — vide par. 23 (4-2). 
 a 101 403 Testamentary (any) disposition of trust pply is Inojiira- 
 
 live : — vide pa r. 40a . 
 101a (1) Title (where a good) can be made, ((r. : — vide par. 8«>. 
 
 102 412-13 " Trading " (trees) with trust moneys, aftenvards 
 
 properly invested : — vide pars. M-7. 
 
 103 427-8 "Transfer" (modes of) to, or v.-.sting of the h-gal 
 
 estate in new trees upon iheir aj-piiinlnu-nt, in 6 
 specified classes of property. 
 103a 366-7 Transfer of stock under " Trustee Art, ISi^S " :— vide 
 pars. 32, 32a and b, and 33. 
 
 104 428 " Trust " (definition of a), when used in the sense of an 
 
 interest. 
 
 95d 
 
 425 
 
 95e 
 
 425-6 
 
 95/ 
 
 426 
 
 95g 
 
 426-7 
 
 96 
 
 393 
 
 97 
 
 427 
 
 97a 
 
 427 
 
 97b 
 
 427 
 
 97c 
 
 427 
 
 98 
 
 391 
 
 a 99 

 
 390 TRUSTEESHIPS : GENERAL LAW. 
 
 No. Page. 
 104a 395 Trust (how the (a) "equitable" differs from the (6) 
 
 " legal " estate or interest in the subject-matter of a) : 
 — vide par. 26fe. 
 
 a 1046 "Tntsts" (3 different kinds of) recognised in equity: — 
 
 (1) constructive, (2) express, or (3) implied. 
 
 105 428 "Trwsfee" (definition of a). 
 
 105rt. 391 "Trustees" {"appointees" as, or tvho may be): — vide 
 
 jjar. 13. 
 
 106 428-9 Uses {the Statute of): — (1) the common practice 
 
 anterior thereto ; (2) design, (3) effect, and (4) 
 object, A;c., of said statute. 
 
 107 429-3U Voluntary {a) trust arising by an act inter vivos. 
 107a 430 "Yduntary Conreijances Act, 189S": — abstract thereof . 
 
 1 — Acceptance (acts constituting such ait express) of the trusts of (a) a 
 deed, or {h) irdl respectively, as preclude a trustee from" disclaiming" 
 same: — 
 
 1. Acquiescence {a constructive) : — "advertising" trust pf)tj for sale, 
 thereby exercising an act of ownership amounting thereto. 
 
 2. Acquiescence (a passive), i.e., a kind of permission, as (1) standing 
 by, and {2) knowingly permitting a thing to be done, indulged in 
 for several years by a tree with notice of a trust, is prima facie 
 presumption of acceptance. 
 
 3. Probate of vill hy Rw exor, who is (a) clothed with certain trusts, 
 or {b) also named a trustee of real estate by will. 
 
 4. Settlement {a) -. — {a) executing, or (b) expressly assenting thereto, 
 by declaration. 
 
 2 — " Accoujit" (mode of taking an) as between {a) a cestui que trust, and 
 
 {b) his tree: — vide pars. &Qb, 77, 78, and 78a. 
 3 — Accuraulation (excess of statutory limit for the) of income, &c. — 
 
 1, Void {ichen partiaJly) : — if {a) a disposition, or (b) trust, as 
 created, should exceed the statutory limit, or period beyond which 
 accumulations of income of trust ppty are, by law, prohibited, it is 
 only void for the excess beyond 21 yrs. 
 
 2. Void (when totally) : — if the direction to accumulate should exceed 
 the limits allowed by law for executory interests, it will be void 
 altogether, independently of the " Thellusson Act " : — vide p. 373 (1). 
 
 4 — Action by a cestui agst his tree for or in respect of any (1) breach of 
 an express trust (36 7 Y. c. 66, s. 25, sub-sect. 2), or (2) any ppty 
 held thereon: — vide pp. 334-5, T., suh-pjar. 2 (1-7).
 
 TRUSTEESHIPS: — GENERAL LAW. 391 
 
 5 — "Active" {definition of an) or '^ speciar' trust: — where the trustee 
 
 has some special duty to perform. 
 8 — '^ Advowson" {when the right of presentation to an) or living devolves 
 
 upon the " heir-at-latv " : — 
 
 1. " Donative " (if A., seised in fee of an advowson), dies, without 
 having presented thereto on the incumbent's death, or 
 
 2. Patronage {the right of) was vested in A. 
 
 9 — Advoivson { {a) lohen, and {h) why the right of ji^esentation to an) or 
 
 living devolves upon the '^personal representative:'^ — where A., &c. 
 
 {vide par. 8-1); for here it is (being, as it were, fruit fallen), 
 
 considered as personalty. 
 10 — Advoivson {trustee's p>resentation of nominee of cestui que trust to ati) 
 
 is obligatory, although the legal estate in such right of prstn is 
 
 vested in them. 
 11 — " Agents " {losses thi'ongh properly selected) , &c. : — it is a rule in equity 
 
 that where a trustee acts through them, either (1) conformably to 
 
 the common usages of mankind, or (2) ex necessitate, he is 
 
 irresponsible for losses. 
 12 — ^^ Agents'' {losses thro' sd), tvhere trustee has to intelligently exercise 
 
 his oivn discretion and judgment, e.g., in investment: — he cannot 
 
 shelter himself behind their advice. 
 13 — "Appointees," as trustees, in the folloiving cases, viz. : — 
 
 1. Constriictive {in a) trust : — (1) the holder of the legal estate is 
 naturally selected as tree, &c. {vide par. 55.) 
 
 2. Express {settlor's "nominees" in the creation of an) trust : — trustees 
 on whom the duties devolve are invariablv named by him. 
 
 3. Implied {in an) trust: — vide (1) sub-par. 1 and (2) par. 55. 
 14 — Apjiointment of " new trustees" in the following events, viz. : — 
 
 1. Bankrupt {a) trustee: — it is the Court's duty, on appln for that 
 l>urpose, to (1) remove him, where there is {a) ppty of any kind, or 
 (6) trust-money receivable, cV;c., which he might misappropriate. 
 and (2) appt a new tree in his stead. 
 
 2. "Conveyancing {the) Acts," '81 and '82 (44/5 V. c. 41, amended 
 by 45/t) V. c. 39, gave considerable facilities and ix>wer8 for 
 the (1) appt of new trees, (2) vesting trust-ppty, and (3) confer- 
 ring other powers on {a) the continuing and (6) new trees respec- 
 tively. 
 
 3. " Trustee " {the) Act, 1893 :—vide pp. 353, pars 1, 2, 3, and 4. 
 
 4. "Trustees {the) Appt Act" \S90 :—vide pp. 324, par, 3, sub- 
 pars. 1-6.
 
 392 TKUSTEESHIPS : GENERAL LAW. 
 
 16 — Attachment (no), &c., of trust-ppty in the 2 folloicitig cases: — 
 
 1. Misapplication (fraudident) : — where A., (a trustee for B. and C.) 
 is (1) ordered to pay into Ct money belonging to B., but (2) pays 
 it out of C.'s funds (thereby fraudnlently misapplied), C. cannot 
 follow it as against B.'s estate, if B., at time of transfer, was without 
 notice of A.'s misappln. 
 
 \a. Reasons (3) therefor: — 
 
 1. " Equities (the) being equal, the law prevails " ( (1) Taylor v. Black- 
 lock, 53 L. 753 ; 55 id. 8; 32 Ch. Dn. 560, C. A. ; (2) Thorndike 
 V. Hunt, 3 De G. & J. 563). 
 
 2. Title (the complete) in, and to the fund is in the Paymaster- 
 General, for B.'s sole benefit and use. 
 
 3. Transferee (because B. is not a mere volunteer, but is regarded 
 as a) for value, (a) debt due from A. to B., and (h) A.'s liability 
 to pay it, being suflficient conson. 
 
 2. Purchaser (a) for (1) valuable conson, (2) without notice, (3) 
 having the legal estate, will be secure, unless he obtained a cyce 
 thereof, after discovering the trust. 
 
 2a. Reason therefor : — where the equities are equal the law shall 
 prevail. 
 
 17 — Attorney (payment, &c., by a tree pursuant to and under a power of) : 
 — A tree (a) doing any act, or (b) making any payment (1) bond 
 fide, and (2) without notice thereunder, is not liable for such act or 
 payment, although the donor of the power was (a) then dead, or 
 (b) had revoked it ( (1) 22 3 V. c. 35, s. 26; (2) 44/5 V. c. 41, 
 s. 47). 
 
 18 — Bankers (presumptions as to trust-money at a trustee's) : — 
 
 1. Cheqties (tree's) thereon : — if A. (1) receives money as tree for B., 
 (2) pays it into, and (3) allows it to remain with bis bankers, and 
 (4) afterwards draws cheques in the ordinary course, the presumption 
 is that same are drawn (iiot on the trust money but) on his own deposit 
 acct only. 
 
 2. Presumption (to necessary extent), as to balance thereat: — that it is 
 still trust money, claimable by the cestui (Re HalletVs Estate, 13 
 Ch. Dn., 696 ; 49 L. J., Ch. 415). 
 
 18c — Ba7ikruptcy (effect of tree's) since B. A. '83, on his breach of trust. 
 1. Act (Bankruptcy), '83 (46/7 V., c. 52, s. 30), provides that an order 
 of discharge shall not release a bkt-tree from any (1) debt or (2) 
 liability incurred by means of aiiy fraudident breach of trust to 
 which he was a party.
 
 TRUSTEESHIPS: — GENERAL LAW. 393 
 
 2. Discharge (effect of an order for hiH) in hunknipfri/ : hhuu- will 
 exonerate him from the consequences of his co-tree's Itrt-iu hcs. 
 19 — Bankruptcy (effect of a trustee's) on his trusteeship : — Disqudlijica- 
 tion (it does not operate as a) for the oflSce, but the 2 folIowiiKj 
 alternative courses may he adopted, viz. : — 
 
 1. Receiver (the appt by the Ch Dn of a) of the estate, or 
 
 2. Security may be ordered (Re Hopkins; Dowd v. Hawtiu, 19 Ch 
 Dn 61). 
 
 20a — Bankrupt-tree {when a) is (1) removable generally, by order, and (2) 
 a netv tree apptable in his place : — when latter is (a) a tree within the 
 meaning of the "Trustee Act, '50," and (b) has control over trust 
 funds, a new tree may (under 46/7 V. c. 52, s. 17) be apptd by the Ch 
 Dn in his stead, whether (1) voluntarily resigning, or (2) not, if it 
 appears expedient to do so ( (1) Adams' Trtists, 12 Ch. Dn. 634; (2) 
 Barkers Trusts, 1 Ch. Dn. 43, and (3) Coombes v. Broohs, 12 
 Eq. 61) ). 
 
 21 — ''Bare " ( (a) definition, and (b) example of a) or " simple " trust : 
 
 1. Disinterestedness: — one who has no beneficial interest in the ppty 
 whereof he is seised in fee simple, in trust for another. 
 
 2. Inactivity : — one who has no active duty to perform in respect 
 thereof. 
 
 22 — Bare (2 obligations and responsibilities of a) trustee : — 
 
 1. Convey (to) land (a) to B.,or (fc) according to B.'s directions, when- 
 ever required so to do, and 
 
 2. Beiits (as to the) and profits thereof :— to allow B. to receive same. 
 22a— '' Benefit'' (if a tree (1) directly, or (2) indirectly, (3) intentionally, 
 
 or unintentionally, (a) gains any), or (h) makes any profit nut of his 
 
 trust, he is held a tree thereof for his cestui. 
 22b— Benefit, &c. .—the rule that a tree cannot (1) gain any ben.-tit, or (2) 
 
 make any profit out of his trust applies to many i>s who, though not 
 
 strictly trees, yet occupy (a) a fiduciary, or (6) quasi fid unary j'osi- 
 
 tion, e.g., (1) agents, (2) directors, or (3) promoters of a to, or (4) 
 
 solicitors. 
 23 — " Breaches of trust " : — the law relating fhtrdo In thr following 
 
 cases : — 
 1. ' Acquiescence" (definition of) therein :— A silent submissive assent 
 
 and compliance; distinguished (1) on one side from avt)wed consent, 
 
 (2) on the other from opposition, 
 la. Acquiescence (reasons why sd) should estop a cestui (sut juris): 
 
 —if he has been a party to a breach, he cannot be allowed to
 
 394 TETJSTEESHIPS : GENERAL LAW. 
 
 (1) complain of it, or (2) show that he has persuaded the tree 
 to invest improperly. 
 
 2. "Bars" (2 former) to the rights of a cestui agst his trustee: — 
 (1) Acquiescence (vide sub-par. 1), and (2) "Laches" (vide siib- 
 par. 'oa). 
 
 3. Claim {nature of) therefor by cestui qiie trust agst his tree : — it is 
 only a simple contract debt (^except as hereinafter mentd in sub-par. 
 3rt), for, although latter is accountable, yet he is not (although the 
 trust arises under a deed), accountable as under a covt. 
 
 3«. Claim (2 cases wherein the sd) is a specialty debt : — 
 
 1. Acknowledgment (trustee's) of the debt under seal, or 
 
 2. Declaration (a) that he will execute the trust {Holland v. Holland, 
 20 L. 38 ; L. Rep. 4 Ch. App. 449). 
 
 4. Concurrence (a breach of trust committed by trees with the) of a 
 cestui que trust, whereby loss arises to part only of the trust estate : — 
 
 1. "Residue" (tree's position tcith regard to the) or other portion of 
 the trust estate : — such concurrence, unless cestui, being an 
 infant, who cannot so concur, for ever estops him from 
 proceeding agst such tree for the consequences of such 
 breach. 
 
 2. "Stoppage'' (tvhen a) of consenter's equitable interest is justifi- 
 able : — where there are other cestuis (as they are not to be 
 prej udiced by his act), sd interest maybe stoj^ijed by them until 
 the total loss has been compensated (Fuller v. Knight, 6 
 Beav. 205). 
 
 3. Trees (statutory indemnity to sd) : — pp. 349-50, par. 7 
 
 (1-2). 
 4a. Diligejice (procedure agst his tree ivith reasonable), to enforce his 
 claim, is necessary on the part of every cestui who is (1) cognisant 
 thereof, and (2) sui juris (vide sub-par. la). 
 
 5. "Estoppel" of a consenting cestui, &c. : — vide sub-pars, la, and 
 
 4(1). 
 
 6. Infant-cestuis (i.e., tvho are not sui jnri-^) : — there can be no (1) 
 acquiescence, or (2) laches on their part. 
 
 6a. " Laches " : — from the Fr " lascher," i.e., laxare ; or lasche, 
 
 ignavus : — negligence or slackness (as it ajrpears in " Littleton "). 
 6b. Liability (tree's restricted statutory) therefor : — vide sub-par. 4. 
 
 7. Limitation (Statutes of) may now be pleaded by a tree: — vide 
 pp. 334/5, jjar. 2, sub-pars. 1 to 7 inch 
 
 la. Loss (where) arises to part only of trust estate : — vide sub-par. 4.
 
 TRUSTEESHIPS : — GENERAL LAW. 896 
 
 8. Ma.vini applicable thereto: — *' Vitjilantihiis turn (lnriiiiiiitHiiis .•npiitnH 
 subvenlt " ; therefore, if a cestui lies by for a long time he is tleharred 
 from enforcing liis stale claims agst his tree. 
 
 9. Rule (fcn'mer equitable) thereon, made general law hij g. 25 nf 
 "Judicature Act, '73": — that lajjse of time formed m. liar t<» a 
 claim by a cestui agst his tree (vide now sub-par. 7.) 
 
 10. "Securities" (where), passing by delivery, are (a) settled in 
 trust, and (6) made away with by one of a number of trees: — 
 vide " Cases (Leading)," No. 9. 
 
 11. Specialty (2 cases wherein claim therefor is a) debt : — vide sub- 
 par. 3a. 
 
 12. Time (sd lapse of) -. — vide sub-pars. 7 d-9. 
 
 25 — Cesttii-que-trust (definition of a) : — the person who has (1) the bene- 
 ficial or equitable interest in (i.e., is entitled to the income and 
 profits), or ownership of property, the legal estate whereof is (a) 
 vested in, and (b) held, for his benefit, by his trustee (36 7 V. c. (56, 
 s. 24 (7), and s. 25 (11). 
 
 26 — Cesttii-que-trust (the several rights of a) against his trustee: — vide the 
 illustrative cases herein particularly mentioned. 
 
 27 — Charitable (definition of a) trust : — it is (a) one of the objects men- 
 tioned in St. 43 Eliz. c. 4, or (b) a charity of an analogous nature. 
 
 27a — Charitable (5 examjiles of) trusts : — 
 
 1. Maintenance of (1) married, and (2) sick soldiers, and (3) schools 
 of learning. 
 
 2. Marriages of poor maids. 
 
 3. Relief of (1) aged, and (2) poor people, (3) captives, and (4) 
 prisoners. 
 
 4. Repair of (1) bridges, (2) churches, and (3) highways. 
 
 5. Support of (1) decayed persons, and (2) young tradesmen. 
 
 276 — Charities (the v;aysv)herein the Ch Dn treats) vith peculiar favour : — 
 1. Cy (the) 2^^'''>^ doctrine: — where the literal exeeution *)f a tester's 
 (a) general or (b) particular charitable intention or trust l>ecome8 
 (1) impracticable, or (2) inexpedient, the Ct will (a) not allow it to 
 fail (as // would in the case of a private cestui), but will carry out or 
 execute it according to the sd doctrine, as nearly as can be tn the 
 original purpose. 
 la. Cy (example under the) pres doctrine: — 
 
 1. Bequest of ^£2000 to trustees, in trust for a hospital, whi.h (1) 
 is afterwards closed, and (2) testor dies 
 
 2. Result : — as a general rule, there will be no failure, but
 
 396 TKUSTEESHIPS : GENERAL LAW. 
 
 3. Scheme (a) will be approved of for the benefit of other hospitals of 
 the same description. 
 
 2. '• Defects " in conveyatices to charities (but not to private individuals) 
 will, in certain cases, be supplied by the Ct. 
 
 3. " Income" (a gift of the) of a fund, in trust for a charitable purpose 
 {e.g., to keep in repair a certain hospital), u-hich does not exhaust it : — 
 although same is more than sufficient for such repairs, it will, never- 
 theless, be devoted thereto. 
 
 4. Intention (the general) of a charity icill be effectuated, i.e., if a tester 
 bequeaths money to chai-itable objects generally, without specifying 
 any one in particular, the Ct will decree its application as it thinks 
 best. 
 
 5. Literal (where) exon of a trust, &c., becomes impracticable, &c. : — vide 
 sub-par. 1. 
 
 6. Triist (a prior voluntary) of land in favour of a charity: — vide now 
 " Voluntary Cyces Act, '93," par. 107a. 
 
 1. Purchaser (a subseguent) for value (with notice thereof), takes 
 subject thereto. 
 
 2. Trust (in case of an ordinaiw prior voluntarv-) in favour of a 
 private individual cestui, it will be void agst sd pchr, even thoiigh he 
 takes with notice thereof. 
 
 1. Unexhausted income of ppty given to a charity by .specified objects: — 
 the Ct will declare the purpose to which surplus proceeds must be 
 devoted. 
 
 la. Unexhausted income, &c.,for repairs : — vide sub-par. 3. 
 27c — Charities (the manner in which equity treats) with disfavour, as com- 
 pared with individuals. 
 
 1. Non-marshalling of assets, &c. : — assets will not be marshalled by a 
 Ct of Equity in favour of a charity, e.g., if a tester gives a legacy 
 of d£'1000 to it, and his estate consists of (1) impure or mixed 
 pslty (leaseholds and mtges .£5000), (2) pure pslty £5000, and 
 (3) realty, .£5000, such charitable legacy, being payable equally out 
 of Nos. 1 and 2, will fail to the extent of \, and the charitv will 
 only get ^£500. 
 
 2. Equity will not order its payment entirely out of pure pslty : — if it 
 has been charged on all testor^s ppty, then as it could be payable 
 neither (1) out of land, nor (2) mixed pslty, the charity would 
 receive only ^rd (i;333 6«. 8d.). 
 
 28 — Classes (11 different) of trusts: — 1. Charitable (or public). 2. Con- 
 structive. 3. Executed. 4. Executory. 5. Express. 6. Illegal.
 
 TRUSTEESHIPS: GENERAL LAW. 397 
 
 7. Implied. 8. Lt'tjal. 9. Private. 10. Simple or " bare," ami 
 
 11. Sjiecial (active). 
 28rt — Classes (their 3 general) : — trusts are generally divided into 3 
 
 classes, viz. : (1) Constructive, (2) express (the most important), 
 
 and (3) implied. 
 29 — Conditions (the usual) on a sale, by public auction, by trustees of a (1) 
 freehold or (2) leasehold house. 
 
 1. Abstract (for delivery of), and commencement of title; but if there 
 be any doubt as to vendor's ability to deliver a sufficient abstract by 
 a day named, do not fix any day, lest he (1) should fail therein, or 
 (2) deliver an imperfect abstract. 
 
 2. Acceptance of title : — that, subject to purchaser's requisitions 
 thereon, the title shall be deemed to be accepted. 
 
 3. Assignment or cyce : (as case may be), to be prepared (a) by, 
 and (b) at the purchaser's expense, &c. 
 
 3a. Bid (reservation of a right to) by (1) vendor, or (2) his duly autho- 
 rised agent : — sd condons must state same, when Vr or, &c., may 
 bid as he may think proper. 
 
 4. Completion (for) of the purchase. 
 
 5. Deeds (title) : — any necessary stipulations respecting same. 
 
 6. Deposit : — for payment thereof. 
 
 7. Dispute (in case of any) as to a bidding : — that the lot be put up 
 again at the last undisputed bidding. 
 
 8. Error in description : — not to (1) annul sale, but (2) be made good 
 by compensation, 
 
 9. Fixtures (payment for) : — any necessary stipulations resi>ecting 
 same. 
 
 10. Forfeiture (for) of deposit in case of purchaser's default. 
 
 11. ''Highest bidder'' to be purchaser (subject to right of (1) 
 vendor, or (2) his agent to bid up to " reserve or upset " price (vide 
 par. 3rt). 
 
 12. Interest (for payment of) by purchaser, in case of delay, other- 
 wise than by vendor's wilful default. 
 
 13. Loss (any) on re-sale by vendor, through purchaser's default, to 
 be recovered as liquidated damages. 
 
 14. (1) Requisitions (for delivery of), and (2) observations on the title 
 (as deduced l>y the abstract thereof), by purchaser within a limited 
 time. 
 
 15. Re-sale (authorising a) by vendor, in case of j.urchaser's 
 default.
 
 398 TRUSTEESHIPS: — GENERAL LAW. 
 
 16. Rescission (for a) of contract by vendor (if (1) unable, or (2) 
 unwilling to answer any reqn, &c.), on I'eturning dept without in- 
 terest or costs ; purchaser to return abstract. 
 
 17. " Reserve (a) or upsef price: — sd condons must state as follows, 
 viz. : — 
 
 1. Reserve (whether the sale is subject to a) or upset price, or 
 
 2. Reserve (without a), in which lacter event a " bidder's" employ- 
 ment thereat is illegal. 
 
 18. Timber (payment for) : — -any necessary stipulations respecting 
 same. 
 
 19. Title (the) to the ppty : — any necessary stipulations respecting 
 same. 
 
 29a — Conditions (copyhold) of sale are similar to the foreyoing, except 
 that : — 
 
 1, Allowance must be made for (1) custom of manor, and (2) difference 
 of tenure. 
 
 2. Negativing (if necessary), vendor's liability to identify premises 
 (which is sometimes impossible), if intermixed with freeholds. 
 
 30 — Constructive (definition of a) trust: — one raised by construction of 
 equity, in order to satisfy the demands of justice, (a) quite irrespec- 
 tive of, and (h) without reference to any presumable intention of the 
 parties, i.e., there is nothing in the form of (1) intention to create 
 one, nor (2) in ivords signifying the creation of one, yet the Ct says, 
 looking at all the circumstances of the case, justice demands (a) 
 that the pty should not take the ppty in question for his own 
 benefit, but (h) should hold it for another. 
 
 30a — Constructive (definition of a) trustee : — a person whom equity treats 
 as a tree by reason only of the (1) nature of his dealings with ppty, 
 and (2) not of any intention to create a trust. 
 
 306 — Constructive (tivo examples of a) trustee : — 
 
 1. (1) Improvements or (2) repairs : — where a joint owner, acting 
 bond fide, permanently benefits an estate thereby, a constructive trust 
 arises in respect of the sum expended. 
 
 2. Improvements (permanent) made by a person laufully in possession 
 under a defective title : — if relief is asked by the true owner, equity 
 will compel him to allow therefor, for he who seeks equity must do 
 equity. 
 
 3. Leading case thereon : — Keech v. Sandford, 1 L. C Eq. 46, 
 5th edit. 
 
 31 — " Contribution " betiveen trustees.
 
 TRUSTEESHIPS : — GENERAL LAW. 399 
 
 1. Guilty (where one is more) than another: — total loss mav Im* thrown 
 upon him. 
 
 2. Jointly (where they are) implicated in a, breach of trunt : — uide 
 par. 32, 
 
 3. Remediless (ivhere trees are) :— the Ct will not interfen." if (1) they 
 are equally guilty, and (2) the transaction be tainted or vitiated 
 with actual fraud. 
 
 32 — Contribution : — (2 alternative courses adaptable by a tree (1 of 3 trees) 
 who is (1) sued for a breach of trust, and (2) jmys the claim and 
 costs: — 
 
 1. Contribution (he may either call upon (by a fresh action affst) his 
 co-trees for) or 
 
 2. Indemnity (claim), under a 3rd party notice ( (1) Bahin v. Hughes, 
 31 Ch. Dn. 390 ; 54 L. 188 ; 55 L. J. 473, Ch. Dn., and (2) Sawyer v. 
 Sawyer, W. N. 1883, p. 212). 
 
 33 — Copies (when) of deeds and documents (in trustee's custody), relating 
 to a trust estate, may be taken by cestui que trust : — 
 
 1. Inspection: — he can, at all reasonable times, (1) inspect same, 
 including (a) Cases for, and (b) Opinions of Counsel thereon. 
 
 2. Copies thereof (at his own expense) can be claimed (Re Cowin ; 
 Co win V. Gravett, 33 Ch. Dn. 179 ; 34 W. R. 269). 
 
 34 — Costs of appointing new trustees of a settlement of freeholds. 
 
 1. Carpels (when costs fall, or are thrown, upon) of estate : — ifapptd 
 (1) by the Ct, or (2) under a power in the said settlement. 
 
 2. Trustee (ivhen) bears costs personally : — when he retires from (1) 
 caprice, or (2) without sufficient reason (13/14 V., c. 60, s. 51 ; 45/6 
 v., c. 38, s. 47). 
 
 34a — County (a) Ct has all the powers of the High Ct in the following (a) 
 actions or (b) matters (51/2 V., c. 43, s. 67, Co. Ct. Act, 1888) :— 
 
 1. Acts (under the (1) Trustee,"(2) Trustees' Rehef, or (3) any of such), 
 wherein the trust estate shall not exceed in value JC^OO. 
 
 2. Cancellation (for) of any agrt for the (1) lease, (2) purchase, or (3) 
 sale of any ppty, where the (a) purchase-money or (b) value of 
 latter shall not exceed ,£500. 
 
 3. Claimants, &c.:—(\) Crs, (2) devisees (whether (a) in trust or (6) 
 otherwise), (3) heirs-at-law, (4) legatees (whether (a) pecuniary, 
 (b) residuary, or (c) specific), or (5) next-of-kin, loherein the estate 
 agst ivhich,or for an acct or admon whereof the claim mny be made, 
 shall not exceed in value d£500. 
 
 4. Delivery (for) up of any agreement, d-c. : — Vidr suti-jxir, 2.
 
 400 TRUSTEESHIPS: GENERAL LAW. 
 
 5. Enforcement {for) of any (1) charge, (2) lien, or (3) mtge not 
 exceeding d8500. 
 
 6. ExecAiiion (the) of trusts, wherein the trust este or fund shall not 
 exceed d6500. 
 
 7. Foreclosure (for) of any (1) charge, (2) lien, or (3) mtge not 
 exceeding j6500. 
 
 8. Fraud (a/cs for relief agst) : — wherein the (1) damage sustained, 
 or (2) estate or fund in respect whereof it is sought, shall not exceed 
 in value =£500. 
 
 9. Infant (relating to the (1) advancement or (2) maintenance of an), 
 wherein his or her ppty, shall not exceed in value d£500. 
 
 10. Mistake (ajcs for relief agst), wherein, &c. : — vide sub-par. 2. 
 
 11. Partnership (for the dissolution or ivinding-up of any) wherein 
 its total assets shall not exceed in value d8500. 
 
 12. Payment of trust moneys into Ct, where amt does not exceed 
 ^500 (s. 70). 
 
 13. Redemption (for) of any (1) charge, (2) lien, or (3) mtge not 
 exceeding ^500. 
 
 14. Reformation (for the) of any agreement, &c. : — vide suh-par. 2. 
 
 15. Specific (for) performance of any agrt, &c. : — vide sub-par. 2. 
 
 16. Transfer of (1) securities and (2) stocks, in trust to attend Ct's 
 orders (s. 70). 
 
 346 — Creation (2 modes of) of a trust, either (a) for value, or (b) 
 voluntary : — 
 
 1. Act (either by an) i^tter vivos (Ellison v. Ellison, 1 White and Tudor' s 
 Leading Equity Cases, 273), or 
 
 2. Will (by) ; every trust arising thereunder is voluntary. 
 
 34cZ — " Declaration " (a) of trust : — requisites to render it effectual. 
 
 1. Exjiression (no form of) is requisite. 
 
 2. Transfer (no actual) of ppty is requisite, subject as before 
 mentioned in par. 26o. 
 
 34e — Declarations (vjhat) of trust are required to be loritten, &c. : — 
 29 Car. 2, c. 3, s. 7, requires all declons of trust (except those speci- 
 fied in par. 34/), of any lands (including leaseholds), tenements, or 
 heredits to be (1) by writing, (2) signed by the party declaring the 
 same, otherwise they are void. 
 
 34/ — Declarations (what) of trust are not required to be so written, &c. 
 
 1. Chattels personal : — declarations of trust thereof. 
 
 2. (1) Construction (those arising or resulting by) or (2) operation of 
 lav- (s. 8).
 
 TKUSTEKSUIPH: — UBNKRAI, 1,A\V. -tOj 
 
 3. Moiu'ij : — (Icclanilioiis of trust tlicrcut'. 
 
 4. (2) Opvraiiuii (Miosf a^isin^' (ir result iii^' /»// (1) t;>„Htnirllon ..;•) (./* 
 hnv{ii.H). 
 
 5. PfrndiKil {imnli/) j'/'h/: — di'darat ions of trust tlificdl'. 
 
 35 — Decree {e(}'ect of a) itiiule in an action for ejiviilion i>f a tnmi, uium 
 (rt) ihe exercixe hy trees of an absolute and unrontroUable discretion 
 reposed in them hi/ l/ie Irnxt instrument, and (/>) their powers. 
 
 1. Controllable (when ml discretion is), in some cases, after decree: — 
 wliere it ivlaU's to Iho ma natjement of th«> cstalt', <•.</., (1) invi'Ht- 
 ment, (2) leasing', or (3) sale tluTcof (H,t/iell v. AbraJiam, 1 lup 17 
 Eq. 24). 
 
 2. Uncontrollable {when sd discretion is) after decree: — tho Court will 
 not interfert' tluMTwith, wIkmi tlu'v luivi* arbitrary or discretionary 
 powers of appt affoc•tin^' the distribution {but not the mauaifcmrnt) of 
 trust ppty. 
 
 3. " Trustee Act, 1803 " -.—vide ].. 3(;!>, par. 37. 
 
 3() — Defence {a) of *^ disclaimer of trust " should hr |iut iu (where a 
 writ is issued afj;st him), if A. has {a) l>et>n apptd a tn-e without his 
 consent, and {b) not acted, and (r) is n«)t desirous to act. 
 
 37 — Defence {stcerance of) ivhen 2, or more, trees appear in an action by 
 one Solr. 
 
 1. Costs thereon — if they sever, they will not (without soiuc ^'ood 
 reason) be alh)wed more than one set of costs. 
 
 2. Justifiable in 2 cases : — (1) if one of them has a ln'nelicial interest, 
 or (2) there is some special reason {Course v. llumfdirey, 32 L. T. 
 Rep. 329). 
 
 3. Justified {not), as a {.general rule, in severin;.^ their dt'fence. 
 
 38 — " Deleyution" {a trustee's) of a i>ou'er to (mother " /<< act fur him in 
 the trust " : — 
 
 1. Effect {its) :~ it is illeyal in most nuitiers couuecled \sitli liic trust 
 {vide par. 38a, sub-par. 2 (1/4) ). 
 
 2. Maxim applicable thereto: — " deleyatns no n potest delegare." 
 
 3. Reason j or its illeyal it y : — because a personal ((f) confidence, and (/)) 
 trust to exercise his own discretion and judgnu-nt is rejiosed in the 
 tree. 
 
 38a — "■ Deleyation " {a tree's) of his power "to ijive receipts" : — 
 
 1. Cases relating thereto: — (1) Bellamy (re) and Metropolitan Hoard 
 of Worh-s (24 Ch. Dn. 387), and (2) Flower {re) and Met ropiditan, 
 &c. (27 Ch. Dn. .5'J2). 
 
 2. Casei {dictum established Inj sd 2) : — 2 alternative courses. 
 
 D D
 
 402 TRUSTEESHIPS : — GENERAL LAW. 
 
 1. Attendance (trees* personal) to receive purchase-money payable in 
 respect of their sale of ppty should be insisted on by pchr, or 
 
 2. Baiik (he should pay it into a), (a) at their request, and (6) in 
 their joint names. 
 
 3. Solicitor {payment to trees') woidd not absolutely exonerate pchr 
 as it ivould under s. 56 of Conv. Act, '81, ivere vendors not trees. 
 
 4. Solicitor (where trees employ a) to complete a mtge, and hand 
 him the amt in the (1) ordinary and (2) usual course of busi- 
 ness, they are ii-responsible ; secus, if they alloived him to (a) 
 receive, and (6) retain it pending the finding of an invt therefor. 
 
 3. Joinder in receipts: — every tree who has accepted the trust must 
 join in rects (Flower (re) and Metropolitan, &c. (vide sub-par. 
 
 1 (2) ). 
 
 4. Maxim applicable thereto : — " delegatus non potest delegare " (Viney 
 
 V. Chaplin, 31 L. T. Rep. 142). 
 
 5. Valid (extent to tvhich sd delegation is) : — only to the extent allowed 
 by 51/2 V. c. 59. 
 
 39 — " Delegation " (a tree's) of his powers : — the following appts are recog- 
 nised. 
 
 1. Agent (a tree's employment of an) is justifiable, upon the authority 
 of Speight V. Gaunt, 9 App. Cas. 1 ; 50 L. 330, where it is proper 
 and usual to do so. 
 
 2. Banker (a) : — is apptable as his agent, to (a) receive, and (b) give 
 a valid discharge for money payable under a policy of assurance, 
 by allowing such banker to (1) hold, and (2) provide it, with tree's 
 signed rect thereon (vide also " Trustee Act, '93," s. 17, (a) 
 pp. 352/3, par. 16 (1-6), and (b) 364, par. 25 (1-2). 
 
 3. Broker (a) : — to transact business on the Stock Exchange ( (1) 
 Btdlock V. Bullock, 55 L. 703 ; 56 L. J. 221 Ch. Dn., and (2) Speight 
 V. Gaunt (vide ante, sub-par. 1). The doctrine was strongly 
 exemplified in the latter case, wherein it was necessary to purchase 
 certain stock, and the tree selected a stockbroker of fair repute 
 therefor, who falsely represented that he had pchd, whereupon 
 the pchse-money was paid to, and afterwards embezzled by him. 
 
 3a. Broker's (reasons ivhy tree was held irresponsible for sd) embezzle- 
 ment : — 
 
 1. Faith (good) : — tree had acted bond fide, in the ordinary way of 
 business. 
 
 2. Prudence (v:ith reasonable) : — that he had so acted. 
 
 3. Selection (his) of a stockbroker of fair rejjute.
 
 TRUSTEESHIPS: — GENERAL 1,AW. 'Ui'-i 
 
 4. Solicitor (a) : — is apptable as his ay;eut, tt» rt-'feive, itc. (r/r/c nitte), 
 for trust money, &c., by allowing him to (a) hold, and (b) protluce 
 deed containing such rect as is referred to in s. 56 of 44/5 V., c. 41 
 (vide also " Trustee Act, '93," 8. 17, («) pp. 352 3, par. 16 (1-6), and 
 (6) 364, par. 25 (1-2). 
 
 5. Solicitor (a prudently selected) : — where it is necessary for a tree to 
 act through him in the (1) ordinary, and (2) proper course of 
 business ( (1) Re Blundeli, 58 L. 933 ; (2) Bostork v. Floyer, 
 L. Eep. 1 Eq. 26, and (3) Re Mitchell; M. v. M. 52 L. 17H; 54 
 L. J. 342). 
 
 6. Trust (tree's delegation of his) : — is allowed only when- it is con- 
 sonant to the regular course of business, i.e., under the sanu- cir- 
 cumstances under which he would have employed another to huvi- 
 transacted his own private business. 
 
 N.B. — Vide also ''Miscellaneous " (App. M., pp. 17S-S2, par. hh and 6), 
 for the alphabetical and classified schedule of the variaus Agents, tic, 
 employable by (a) an admor or (b) exor. Many of them an- also 
 employable by a tree. 
 
 40 — " Devisee-trustee'': — effect of a trust for (a) testors residuary devisee, 
 or, if none, (b) his heir-at-law: — A. devises lands to B. upon trusts 
 to be declared by a codicil, which is never made ; B. cannot claim 
 them as his own after A.'s death ; he is simply a trustee. 
 
 40a — ''Devolution" (statutory) of trust ppty in ca»v of the death of (\) the 
 last surviving, or (2) a sole tree: — same shall, wo/ KJ//i«/a«(^//;/ any 
 testamentary disposition thereof, go to the personal repres, who shall 
 (a) be deemed the heiri and assns, and (b) have all the projx'r 
 powers of the deced tree (Conv. Act, '81, s. 30). 
 
 41 — Discharge (trustee's) from his trust : — modes whereby a trustee (after 
 acceptance), may divest himself of his trust : — vide " Trustee Act, 
 '93," s. 11, pages 364-5, 2>ar. 29, sub-pars. 1-5 incl. 
 
 42— "Disclaimer" of trust by a benejiciary : — If A. ]»e (1) nominated 
 tree in, and (2) also takes a benefit under a will, he can (a) claim 
 latter, and (b) yet disclaim the onus of the trust, unless the benefU 
 be annexed to his treeship. ( (1) Re Appleton .- Barl>er v. TIbbitt. 
 52 L. 907 ; (2) Jervis v. Lawrence, L. Rep. 8 Eij. 345 ; (3) Warren 
 V. Rudall, IJ. & H. 1). 
 
 4S— Disclaimer of trust by a legatee-trustee :— if a i»erson be (1) aj.pld 
 a tree in, and (2) also takes a benefit under a will, he can (unless 
 annexed to his sd office) take it, and yet disclaim c;//M*t of trust ( (1) 
 Re Appleton; Barber v. Tibbitt, 52 L. 907; 29 Ch. Dn. 893; 54 
 
 D D 2
 
 404 TEirSTEESHIPS : GENERAL LAW. 
 
 L. J. 954 Ch. Dn. ; (2) Jervis v. Laivrence, L. Rep. 8 Eq. 345; (3) 
 JFarreii v. Eudall, L. J. & H. 1). 
 44 — Disclaimer by a tnistee of a power given to him. 
 
 1. Deed necessary therefor: — A person to whom any power (whether 
 (1) coupled with a duty or interest, or (2) not), is given, may, by 
 deed, disclaim it. 
 
 2. Disclaim {vhen sd tree should) : — before acceptance of office or 
 trust. 
 
 3. Disclaimer {reason for sd) before acceptance of office or trust : — 
 because, if a power is coupled with a duty, he cannot, after sd 
 acceptance, disclaim such power (see Re Eyre ; Eyre v. Eyre, 49 L. 
 259). 
 
 4. Effect of disclaimer: — he (annot thereafter (1) exercise, or (2) join 
 iu exercising the power. 
 
 5. Exercisable (by vhom the power is thereafter) : — by the other person 
 or persons to whom it is given, unless the contrary, &c. (45 6 V., c. 
 39, s. 6). 
 
 6. "Executor-trustee" (on a bequest of personalty to an) : — 
 
 1. Conduct (his) may amount to a disclaimer (Stacy v. Elph, 1 My. 
 & K 195). 
 
 2. Disclaimer (a) is the best evidence of renunciation of the 
 trust. 
 
 7. "Executor-trustee" of realty and pslty, who has died without ever 
 having acted as tree : — renunciation of pbte in common form is 
 sufficient (Re Gordon's Estate, 46 L. J. 794, Ch. Dn.). 
 
 45 — Eligible (persons) as trustees: — as a general rule, all (1) infant, (2) 
 married, or (3) single females or males. 
 
 47 — " Estates" (the differences between (1) equitable, and (2) legal) respec- 
 tively. 
 
 1. " Equitable " (definition of an) estate, held by a cestui : — vide pars. (1) 
 25 (p. 395), and (2) (reference given in 104, p. 380) 47, p. 389. 
 
 2. "Legal " (definition of a) estate, held by a tree: — the person who 
 has the legal interest therein, i.e., holds (a) absolute, and (b) direct 
 dominion over the ppty in the eye or view of the law. 
 
 48 — "Estoppel" (permanent) of a cestui: — when a tree, with the con- 
 currence of his cestui (not being (1) a feme covert without power of 
 anticipation, or (2) an infant), commits a breach of trust, whereby 
 loss arises to part of the trust ppty, latter is for ever estopped from 
 proceeding agst tree therefor. 
 
 49- — Evidence of a trust : — trusts required to be in writing.
 
 TRUSTEESHIPS: — GENERAL LAW. 40.'i 
 
 1. Assignment (att) of a trust of (1) laml, or (2) jn-rsoiwilt v must U- 
 (a) in writiuf^, and (h) si<;iu'd l>y tlu' assignor. 
 
 2. Lands, &c. : — all creations or declarations of trusts of lands, tene- 
 ments, or heredits must be manifested and proved by (1) Home 
 writing, signed by the party who is, by law. enabled to create or 
 declare same, or (2) his last iriU in mriting. 
 
 3. Realty (a trust of) need not be created in (if properly cvidntrnl fiy) 
 writing. 
 
 49a — Evidence of a trust : — trnMs not required to be in writing : — trusts 
 (1) arising, or i-esulting from any conveyance of lands or teuements 
 by (a) construction of law, or (b) implication, and (2) extinguished, 
 or transferred by act or operation of law (2J^^» Car, 2, c. 3, s. H). 
 
 50 — (1) Executable (illustrative cases as to) and (2) non-executable trusts 
 of a will : — 
 
 1. Executable (the trusts specified in sub-par. 2 are) under the tree's 
 devise of the trust estate to A. (1) Hall v. May. 30 L. T. K*.'p. O. S. 
 64; (2) Titley v. Wolste7iholme, 7 Beav. 425). 
 
 2, Executable (non) trusts, &c. : — if lands are devised (without any 
 power of appointing a new tree) to a tree, his hrs and assns, upon 
 trust that ho, or they, sell same, and he, by deed, conveys them to 
 A., in order that he may execute the trust, it was held that A., as such 
 transferee, could not do so. 
 
 . 2a. Executable (non) trusts of a will in case of the death of a sole tree of 
 freeholds after dlst Dec, '81 : — trust estate devolves on personal 
 representative, notwithstanding any testamentary disposition 
 thereof (44.5 V., c. 41, s. SO), from the operation of which, howtrer, 
 copyholds are now excluded (50/1 V., c. 73, s. 45), 
 51 — " Executed^' (an) triisf : — Glenorchy (Lord) v. Bosville, 1 L. C. Eq. 
 1, 6th edit. 
 
 1. Construction (the same strict) is put upon technical words in the 
 instrument creating them, as upcm limitations of legal estates. 
 
 2. Defiuition thereof: — one which is (1) finally, (2) formally, and (3) 
 fully declared by the instrument creating it, wherein tlie creator 
 thereof may be said to have been his own conveyancer. 
 
 3. Enforceable (as also where raised by will) by equity, although it be 
 a voluntary ti'ust. 
 
 4. Examples (2) thereof: — 
 
 1. Settlement (a trust contd in a marriage) is ahrays an executed 
 one. 
 
 2. Will (a gift of ppty by A, by his) to B., to hold in trust for C,
 
 406 TRUSTEESHIPS : GENERAL LAW. 
 
 52 — Execution {compulsory) of a trust, when a tree ivho has (a) beeJi 
 appointed by deed, and (b) accepted the trust, refuses to act : — 
 
 1. Action {an) in the Ch. Dn. — Cestui may thereby compel his 
 trustee to perform the duties incident to that character, for the 
 following 
 
 2. Reason : — having accepted the trust, he cannot discharge himself 
 of its obligation without the consent of (1) his cestui (able to 
 consent), or (2) the Court. 
 
 3. Stahitory power -.—vide jip- 364-5, j^ar. 29, sub-pars. 1-5 incl. 
 
 52a — Execution {declined) of a trust : — equitable remedy {to obtain its 
 exon), where a tree has (a) beeii apjptd by deed, but (b) never acted in, 
 or (c) accepted trust, and {d) refuses to do so. 
 
 1. Disclaimer (a) of the trust by such tree divests the estate. 
 
 2. Dr (sd) vests whole legal estate in his co-tree, if thei'e is one. 
 
 3. Order {an appln to Ch. Bn. for an) for («) the appt of, and {b) to 
 vest the ppty in a new tree should be made by cestui, where there 
 is no tree. 
 
 4. Trustee {procedure where there is no) : — vide ante. 
 
 5S— Executory {an) trust -.—Ellison v. Ellison, 1 L. C. Eq. 308, 313-14, 
 ^th edit. 
 
 1. Construction thereof in equity : — equity endeavours to effectyate the 
 settlor's apparent or presumable intention, collectible from the 
 instrument, rather than the strict imjjort of technical words, if con- 
 struing them strictly would render the direction, &c., specified in sub- 
 par. 2, nugatory. 
 
 2. Definition thereof : — it is one raised by (a) a direction, or (b) stipu- 
 lation to make a settlement upon trusts not finally and formally 
 declared by the instrument creating them ; in other words, one 
 which, whilst containing an idea or indication of the trust intended, 
 is yet (1) incomplete in its character, and (2) requires another sub- 
 sequent instrument to perfect it. 
 
 3. E.g. : — when marriage articles provide that an estate is to be settled 
 on (a) husband for life, {b) with remainder to the heirs of his body, 
 the trust is (1) executory, and (2) his issue pchrs for value, and 
 said articles are construed as giving the hd an estate for life only, 
 with a remainder in tail to his children, a«f7 equity will not follow 
 the technical rule of laiv lohich ivould, under a like legal limitation, 
 give an estate tail to the hd under the rule in Shelley's case. 
 
 4. Enforceable {when not) in equity : — if raised by (a) an agrt, or (b) 
 a covenant, unless supported by a valuable consideration.
 
 TRUSTEESHIPS : — GENERAL LAW. 407 
 
 5. Examples (2) thereof. 
 
 1. Marriage articles : — a trust therein contd, la'cause tlicre is the 
 subsequent unexecuted luj^e settlt in the parties' contemplation. 
 
 2. Will (a gift of ppty by A. by his) to B. in trust for settlt on (1) 
 C. for life, and (2) afterwards for his children. 
 
 54 — Express (definition of an) trust: — one which is (1) clearly expressed 
 by its author, or (2) fairly collectible from a written document. 
 
 54a — Express (example of an) trust: — a devise to (a) the use of A. and 
 his hrs, (b) upon trust to ])ay the rents and profits to B. (1) for life, 
 and (2) then upon trust for his children as he should appt. 
 
 55 — Failure (the) of a trust is impossible : — 
 
 1. Maxim: — "equity never wants a trustee, i.e., will never allow a 
 trust to fail for want of a trustee." 
 
 2. Meaning thereof: — whenever (a) a perfect, or (b) even an imperfect 
 trust, if (1) supported by a valuable conson, has once attached, and 
 (2) is not extinguished by (a) the countervailing efiuity of a bond 
 
 fide pchr for valuable conson, without notice, or (b) other conflicting 
 equity, the Ct (if there is no tree to execute the trust), will always 
 (1) follow the legal estate, and (2) decree the person in whom it is 
 vested to be a tree, and compel him to execute the trust. 
 2a. E.g. — if a testor (1) directs a sale of his lands for certain 
 purposes, and (2) neglects to name a "seller" or tree for sale, the 
 trust attaches on the conscience of the heir, who is bound to effec- 
 tuate the intention. 
 
 3. Rule (general) in eiiuity in(\) constructive, and (2) implied trusts : — 
 vide sub-par. 2. 
 
 56 — Implied (definition of an) trust : — one arising from, or founded upon 
 an unexpressed, but yet, under the circumstances, fairly presumable 
 intention of the party creating it, i.e., (1) there is nothing in words 
 signifying the creation of, but (2) the circumstances are such that 
 a trust must have been intended, which view is adopted by the Ct 
 saying that one actually exists. 
 
 56a — Implied (5 examples of) trusts. 
 
 1. Conveyance {when the payer of purchase money takes a) in another's 
 name, unless latter is (1) a grandchild, (2) legitimate chil.l, or (3) 
 wife, when the purchase is assumed to be for benefit of 1, 2, or 3. 
 
 2. Default in appointment, &-c., by a Srd person of a fund given to (a) 
 such of a certain class of persons, (b) in such proiwrtions as he 
 shall appoint, the objects take equally. 
 
 3. Devise of realty upon trust for sale for a statutory purix)8e which fails.
 
 '408 TRUSTEESHIPS : GENERAL LAW. 
 
 4. Purchase by a ividowed mother, with her separate estate, in her 
 child's name — there is a presumption of advancement. 
 
 •5. (fl) Purchase and (b) transfer (by A., a married man) of Stocic, 
 into the joint names of (1) himself, (2) his wife (B.), and (3) a 
 stranger (who dies), after which A. (having, by his will, bequeathed 
 all his pslty to B. for life, and afterwards to his children eqiially), 
 such stock will belong to B. 
 
 5a. Reasons why such stock xvill belong to B : — 
 
 1. Election (no case of) will arise {Re Eykyiis Trusts, 6 Ch. Dn. 
 115), because 
 
 2. General (a) bequest in his will would not pass it. There was a 
 
 3. Presumption that such purchase in her name was meant to be a 
 gift to her. 
 
 4. Surviving (she was) joint tenant, 
 
 56& — Indeinnity (an) under 2,^1^ V., c. 35, s. 27, and (b) other wise, dx.: — 
 
 vide pp. 218-20, ^^ar. 40, sub-pars. 1-19 incl. 
 58 — Interest {cases ivherein a tree ^vill be charged vnth) : — 
 
 1. Mixture (the) of (a) his own private money with {b) trust money 
 at his bankers. 
 
 2. Retainer {the), or keeping in his own possession {although unpro- 
 ductive), of trust moneys which ought to have been invested ( (1) 
 Blogg V. Johnson, 2 L. R. Ch. App. 228, and (2) Johnson v. Prender- 
 gast, 28Beav. 480). 
 
 3. Tradesmen-trustees { payment of part of trust moneys by) to their general 
 a/c at their bankers : — c. q. t. may, at his option, charge trees either 
 with (a) interest, or (b) a proportiona*^e share of their trade profits 
 {Docker v. Somes, 2 My. & K. 655), the rides in such cases being as 
 
 follows, viz. : — 
 
 1, Profits {where sd trade) are ascertainable : — tree must acct therefor. 
 
 2. Profits {where sd trade) are unascertainable : — tree must pay 
 interest in heu thereof. 
 
 686 — Interest {more than 4 %) : — 5 cases ivherein a tree will be charged 
 theretoith. 
 
 1. Breaches {direct) of trust :— where he is guilty thereof. 
 
 2. Investment {an improper or unauthorised) of trust money : — as 
 a general rule, he is liable for (1) the fund, and (2) interest at 
 
 . 4 7ol>-a. 
 
 3. Misconduct {gross) : — where he has been guilty thereof. 
 
 4. Mortgage {improperly calling in a), or security, carrying int at (say) 
 5 °/o, or any other higher rate. 
 
 i 
 
 I
 
 TRUSTEESHIPS : — GENERAL LAW. 409 
 
 ■ 5. Neglect (tree's) to invest money: — vide itiih-jxir. 2. 
 
 6. Neglected (his) receipt of more than 4 / , as where, Ac. (vide tub- 
 par. 4). 
 
 7. Profits: — where he has dealt with the money in such a way that 
 he has made a profit thereout, he will l»e accountahh- tluTt-for. 
 
 8. Receipt (his actual) of more than 4 7o P*^'" annum. 
 
 9. '^Tradi7ig" with the money (when he must be presumed to have 
 thereby made a profit) : — Cestui may (1) elaim his money, ««</ (2) 
 either (a) compound int. at 5 7o' ^'* (^) ^^ profit. 
 
 59 — Investment of trust-funds by trustees : — 
 
 1. "Capital" (investment of ) or corpus until a life-teiuttit's death: — 
 vide " Distribution " (deferred), &c., p. 210, j>ar. 316. 
 
 2. (1) Duties (the several) , (2) liabilities, (3) rights, and (4) remedies of 
 trees in relation to the investment of trust-funds : — vide pp. 223-5, 
 par. 44, suh-p)ars. 1-12 inch 
 
 3. " Government securities " : — included therein by former Ct of 
 Chancery. 
 
 1. Permanent (for a) investment : — either (1) Consolidated Bank, 
 or (2) Reduced Annuities, or (3) ^3 " Per Cents." 
 
 2. Temporary (for a) investment : — Exchequer Bills. 
 
 da. Improper (liability for loss by reason of) inrts : — p. 351, par. 12. 
 
 4. Land ("precautions" to be taken on hehalf of trees, as pchrs, 
 on the investment of trust moneys in) : — vide p. 225, par. 456. 
 
 5. Mortgage (invts on) by (a) a life-tenant, or (b) trustees: — vide pp. 
 225-6, par. 46, sub-pars. 1-2. 
 
 6. Powers (their statutory) of invt : — vide pp. 347-9, par. T. D. 2, sub- 
 pars. 1-4 (1-13 incl.). 
 
 7. Real-estate (limit of a poiver to invest on) : — vide p. 350, par. 11 (5). 
 
 8. " Real-security " {meaning of an invt on) : — a mtge of real estate, 
 (a) copyhold, or (b) freehold heredits of suffifient value, hut 
 
 formerly not leaseholds (Leigh v. Leigh, W. N. 1886, p. I9l ; 55 L. 
 634), but same are now included therein (vide p. 350, par. 11 (5), suf>- 
 pars. 1-4 incl.). 
 
 9. Statutory investments nnder Supreme Ct Rules, Aug., '8%: — vide 
 pp. 226-7, par. 47, sub-pars. 1-11 incl. 
 
 10. Statutory invts under " Trustee Act, 1893 " .—vide sub-par. 6. 
 
 11. " Wasting property," included in a general residuary bequest, to be 
 enjoyed by persons in succession : — as to the invt of the proceeds of 
 sale thereof, vide p. 194, pars. 20-1. 
 
 ^0 — Lease (a) by a tree to himself is invalid, for the reasons stated in
 
 410 
 
 TRUSTEESHIPS ; GENERAL LAW. 
 
 pars, n ( (1) 'Rowe v. Chichester, Amb. 715 ; (2) Trumper v. 
 Trumper, 8 L. R. Ch. App. 870). 
 61 — Lease {renewal of a) : — trust frequently arising thereotit. 
 
 1. Beneficiaries' obligations under circumstances mentd in sub- 
 par. 5, 
 
 2. Case {leading) thereon : — Keech v. Sandford, vide p. 379, par. 4. 
 
 3. Impossibility {result of the) of a renewal : — vide sub-par. 4. 
 
 4. Reversion {tvhen the) is tenable upon same terms as the old lease : — if 
 (1) a renewal is impossible, and (2) only a purchase of the reversion 
 effectable. 
 
 5. Terms {the several) whereon beneficiaries interested therein are entitled 
 to an indemnity against or from an improper renewal : — 
 
 1. (1) Costs (payment of the) of renewal, with (2) int thereon. 
 
 2. Improvements {cost of lasting), made by (and for which) a trustee 
 will have a lien on the estate. 
 
 3. Indemnification agst costs entered into by tree with lessor. 
 
 6. Trustee's 4 counter-obligations in the preceding case : — 
 
 1. Assignment {an) of the lease {unincumbered), to the person 
 entitled. 
 
 2. Mesne profits must be accounted for. 
 
 3. " Rent {an occupation) " must be paid by a tree in possession. 
 
 4. Waste by a trustee must be made good by him to the cestuis 
 qiie trust. 
 
 62a — Liability {personal) of trustees for the acts of the fotir folloiving 
 parties. 
 1. Agenfs {an) acts : — 
 
 1. Agent {when cestui may proceed agst) alone for recovery of 
 trust money : — if latter (1) Jcnoivingly receives money as trust 
 money, whereupon he constructively becomes a tree, and (2) 
 fraudulently misapplies it {Rolfe v. Gregory, 12 L. 162). 
 
 2. Better {the) plan is to bring both parties before the Court. 
 
 3. Ordinarily, sd agent would only be hable to the tree. 
 
 4. Tree alone may be proceeded agst by cesitd {Bostock v. Floyer, L. R, 
 1 Eq. 26; 13 L. 489). 
 
 2. Bankers : — (if a tree, having (1) received =£1000 cash, part of the 
 trust-estate, and (2) on account thereof, to disburse it within 2 or 3 
 days, pays it (there being no trust a/c open at any bank) to the 
 credit of his own private a/c with his bankers, v)ho stop payment, 
 he thereby treats it as his own, and is liable for any loss occasioned 
 by their insolvency.
 
 TRUSTEESHIPS: — GENERAL LAW. 41 1 
 
 2a. Bankers' {to what a proviso agst loss by) default uonhl extend : — 
 only to moneys properly paid into a separate account. 
 
 26. Bankers' (circumstances under which sd tree would nut have bfiii. 
 liable for any loss occasioned by sd) insolvency : — if sd tree had 
 placed the money in a bank in good credit to a separut*' trust ac 
 for temporary purposes (Fenwick v. Cltirkf, M L. J. 778, Cli. Dn. ; 
 6 L. 594). 
 
 3. Broker's (his Stock Exchange) acts : — where a tree, investing trust- 
 money, makes an ordinary purcliase on the S. E., he is not liable fnr 
 any loss which may arise to the trust-estate in consequence of sd 
 broker's default, assuming (1) B. was in good repute at the time of 
 such employment, (2) tree acted not simply in a usual, but in a prudmt 
 ■manner ( (a) Bullock v. Bullock, 55 L. 703; 56 L. J. 221 Cli. Dn. ; 
 (b) Speight v. Gaunt, 9 App. Ca. 1 ; 50 L. 330). 
 
 4. Solicitor's (his) fraudident acts : — when a tree is liable for loss thereby 
 of a trust-fund through such solr : — 
 
 1. Negligence (when there is any) on his part, although, iu employing 
 such solr, he may have exercised ordinary (a) care and (b) 
 diligence ( (1) Bostock v. Floyer, ante ; (2) Re Mitchell ; .V. v. if., 
 52 id. 178; 54 L. J. 342 Ch. Dn.). 
 
 2. Indemnification (tree is entitled to) agst his liability, out of trust- 
 estate, tvhen he properly employs such solr (Re Blundell ; B. v. B. 
 58 L. 933). 
 
 63 — Lien (a trustee's) on the trust estate. 
 
 1. Arises (how it) : — as a security for expenses out of pocket proj.erly 
 incurred b}' him in relation to the trust estate. 
 
 2. Satisfaction (ivhen) thereof is necessary : — before cestui can compel a 
 reconveyance. 
 
 64^Limitation (Statutes of) :—(a) 3/4 Wm. 4, c. 27, s. 24, and (b) others. 
 
 1. Breach of trust -.—hy 36/7 V., c. 66, s. 25 (2), no claim therefor of a 
 cestui agst his tree is barrable by any Statute of Limitati<»n, nur, 
 &c. (vide par. 64c). 
 
 2. Charitable (a) trust :— although within sd Act, is protected by 
 s. 25, which enacts that time is no bar to the right of a cestui, uiK)n 
 an express trust, to (1) compel tree to acct, or (2) to recover laud, 
 or (3) rent from him. 
 
 3. Express (an) trust -.—timi.^ is no bar, .tc, from any j.pty h.-ld 
 thereon. 
 
 4. (1) Legacy (a) or (2) money (a) cliarged upon any land, and (b) 
 secured by an express trust :— no a/c is to be brought to recover it,
 
 412 TBUSTEESHIPS : GENERAL LAW. 
 
 except within the time wherein same would be recoverable if there 
 
 were no such trust (37 8 V., c. 57, s. 10). 
 5. Meiit (for recovery of) : — vide suh-par. 4, 
 64a — Limitation {application of sd last 2 mentd Statutes of) : — as to 
 
 number (1) between cestui and tree, and (2) to land charged, though 
 
 secured by way of trust, vide " Lewin on Trusts," p. 885, 8th edit. 
 64b — Limitation (distinction between the positions of (a) a constructive, and 
 
 (b) an express tree, with reference to the benefit afforded by the 
 
 Statutes of) : — 
 
 1. Constructive (a) tree can (in absence of fraud) plead St., as a 
 defence, in an a'c brought agst him respecting ppty so held, irre- 
 spective o/51,'2 v., c. 59, s. 8 (Uolfe v. Gregory, 12 L. 162). 
 
 2. Express (an) tree cannot plead St., except as allowed by Statutes 
 mentioned in pars. 64 and 64c. 
 
 64c — Limitation (effect of " Trustee Act, '88, " tipon the Statutes of) : — vide 
 
 par. T., pp. 334-5, ^ar. 2, sub-pars. 1-7 (2) incl. 
 65 — Loan (a) by trustees to a co-trustee. 
 
 1. Ample security: — when trees have power to lend on real security 
 they would 7wt be justified in lending to one of themselves, assum- 
 ing it to be ample. 
 
 2. Reason therefor: — because all must exercise an impartial judgment 
 as to its sufficiency (Stickney v. Sewell, 1 M. & Cr. 8). 
 
 66a — " Losses " to trust-estatefor which a trustee is irresponsible : — 
 
 1. Agents (losses through properly selected), &c. — vide par. 11. 
 
 2. " Bank-failure " : — if exors or trees deposit trust money (for a 
 temporary purpose, in the ordinary discharge of their duty), in a 
 bank, which fails, they are irresponsible for the loss consequent 
 thereon (Toumleyv. Sherborne, 2 Tud. L. C. 778, in notis). 
 
 3. ''Breach of trust" (committed by trees with concurrence of a 
 cestui), whereby loss arises to a part only of the trust estate : — 
 vide par. 23, stib-par. 1, as to statutory indemnity to sd trees. 
 
 4. Broker's (his) default, &c. — where a tree, investing trust moneys, 
 makes an ordinary purchase on the Stock Exchange, he is not liable 
 to make good any loss which may arise to the trust estate, in conse- 
 quence of his broker's default, if the 3 following circumstances 
 exist, viz : — 
 
 1, Negligence (no) in (a) selecting him, or (b) seeing to the safety 
 of the trust fund, 
 
 2. Prudence was exercised, i.e., tree acted as a prudent man would 
 have acted,
 
 TRUSTEESHIPS: — GENERAL LAW. 413 
 
 3. Reputation {broker's) was j^ood at the tinic of liis eiuployment 
 (Speight V. GaKut, 9 Aj)}). Cas. 1; 50 L. :38(>). 
 <^7 — " Losses " to the trust-estate for which a tree is persontilli/ rexponsible. 
 
 1. Agents (losses through properly selected), &c. — vide par. 12. 
 
 2. Baiik (reason ivhij a tree must not keep money indi-Jinitily mi 
 " deposit-acct " at a): — because it is (I) an uiiauthoriscil, ami, 
 therefore, (2) unlawful invt. 
 
 3. '^Bank-failure" : — where trust money has been (1) mixed with 
 exor's or tree's own moneys, or (2) placed to his own credit 
 (Townley v. Sherborne, ante). 
 
 4. Investment (his) of a part of the trust-ppty un unauthorised security, 
 whereon a loss is sustained: — vide par. 2, stib-par. 1. 
 
 5. Sale (any loss arising from his default in observance of the strict 
 duties on a), specified in par. 31, sub-pars. 1-12, pp. 365-6 (56 7 V., 
 c. 53). 
 
 68 — "Maxims " (6) and inviolable doctrines or rules applicable to trustn. 
 
 1. Profit (that a tree is not entitled to make any) out of his trust : — 
 
 1. Business (his own) -. — he cannot (1) employ trust funds therein, 
 or (2) otherwise obtain a profit from the user thereof, even although 
 he pays, cestui a p)^'oper rate of interest. 
 
 2. Inciimbrances or mortgages of the trust estate, paid by tree : — 
 he will ouly be entitled from the trust estate to the exact amount 
 of (1) ppal, and (2) int, and (3) costs pd. 
 
 2. Purchase (his) of the trust estate is, as a rule, strictly forbidden : — 
 vide par. 85 (3). 
 
 3. Refunding profits : — they are bound to refund all profits improperly 
 made at the expense of the estate. 
 
 4. Remuneration (no) for his services : — except in the several cases 
 specified on pp. 376-7, par. 5, sul)-pars. 1-10 incl. he is not entitled 
 to any remuneration, &c., even if of a professional nature, unless 
 authorised to charge by the trust instrument. 
 
 5. Renewal of leases for a trustee is strictly forbidden. 
 
 6. Trustee (equity never wants a) : — vide par. 55. 
 
 69_(1) Misappropriation of, and (2) failure to acct f>r trust-moneys by 
 (a) trustees, or (b) other persons, acting in a ^fiduciary character. 
 
 1. Disobedience (how) to a Judges order for payment of ami into, 
 may be treated by, the Ct : — as a contempt of Ct, 
 
 2. Punisluible by (1) attachment, and (2) coininittal to prison. 
 
 3. ''Purgation" (effect of) of sd contempt by payment into Ct after 
 issue of attachment :— it is, nevertheless, punishable as afsd.
 
 414 TRUSTEESHIPS : GENERAL LAW. 
 
 70 — Mortgage (6 prominent disadvantages of, showing the reasons why a 
 2nd) is not a proper investment for trust funds: — 
 
 1. Deeds {the title) : — are in the hands of the 1st mortgagee. 
 
 2. Foreclosure (a) : — is effectable only subject to (a) 1st mtgee's ppal 
 and int, or (6) payment thereof. 
 
 3. Legal (the) estate : — is vested in the first mortgagee. 
 
 4. Loss (any) thereon would have to he made good by such trustee. 
 
 5. Sale (in the event of a): — he is only entitled to the surplus, after 
 satisfaction of the 1st mortgagee's (1) princij^al, (2) interest, and 
 (3) costs. 
 
 6. " Tacking " (by the exercise of a right of) he may be cut off altogether. 
 71 — New (4 modes of appointment of a) tree or trees, in place of the 
 
 following persons : — 
 
 1. Consent (by the) of all cestuis que trust, if sui juris. 
 
 2. Conveyancing (tinders. 30 of the) Act, '81, where a tree dies, the trust 
 always passes to his personal repre, notwithstanding any testamentary 
 disposition : — vide par. 40a. 
 
 3. Trustee (under ss. 10, 25, & 47 of the) Act, 1893 -.—vide " Contents 
 Table;' C, pp. 339-40, Nos. 2, 2a, & 3. 
 
 3a. Cases: — whenever it is (1) expedient to do so, and (2) difl&cult, 
 (3) impracticable, or (4) inexpedient to do so without the court's aid. 
 
 36. E.g. — when the last surviving tree of realty died without 
 any legal personal repres, a j^etition must be presented by cestui 
 under T. A. '50 : ( (1) Be Pillinfs Trusts, L. Eep. 26 Ch. Div. 
 432 ; Re Backstraiv's Trmt, 52 L. 612.) 
 
 4. Power (tinder a) in the instrument creating the trust. 
 
 N.B. — Order in tvhich sd modes shotild be resorted to ••—(1) 4, (2) 2, (3) 
 1, & (4) 3. 
 
 72 — Payment (illustrative case as to) to exors by trees : — where a 
 married woman having, under her settlement, a general power of 
 testamentary appt makes a will, (a) giving funds amongst various 
 persons (respecting whom nticertainty exists), and (b) apj^tg exors, 
 trees should (iti order to obtain a discharge), pay the money to such 
 exors, and not into ct : (Be Hoshins Trust, 5 Ch. Div. 229 ; 6 
 Ch. Div. 281.) 
 
 73 — Payment (4 cases wherein a trtistee's) of stock, tinder the " Trtistee 
 Belief Acts, 1850" (13/14 F. c. 60) is justifiable. 
 
 1. (1) Difiicnlty (the existence of a reasonable) or (2) doubt as to the 
 mode in which trust funds are to be dealt with. 
 
 2, Infant (where the cestui que trust is an).
 
 TRUSTEESHIPS: GENERAL LAW. 41,'') 
 
 3. Lunatic (where the cestui ipir tnmt is a). 
 
 4. Married {where cestui is a) iroDuni, not coming' witliin i>r(>viis of 
 M. W. P. A. '82. 
 
 74 — Payment {effect of tree's) of money under ct's direction :— 388, 88 a. 
 75— (I) "Power" (a) & (2) " Tntst" :— difference between them with 
 
 regard to their devolution upon the death of the (a) don f en <{• (b) 
 
 trustees respectively. 
 
 1. Power (a mere) given to several: — as a rule, it cannot survive, 
 
 2. (1) Power (a) or (2) trust given to 2, or more {a) exors or (b) trees 
 jointly: — is exercisable by the survivor, unless the conlrarv be 
 expressed in the trust instrument: (44'5 V. c. 41, s. 38.) 
 
 3. Power {where (1) a) is given to several, and (2) one disclaims : — it is 
 exercisable by survivors, sinless the contrary be expressed in trust 
 instrument. 
 
 4. Triist (a) (1) survives with the estate, and (2) may l»e exercised 
 by the survivors of several trustees. 
 
 5. Trust {a) given to two or more trees jointly : — vide sub-par. 2. 
 75a— Power (when a) is held to be in the nature of a trust — where given to 
 
 A., accompanied by words of recommendation in favour of certain 
 objects, it is his duty to exercise it. 
 
 75b — Power ((1) hotv and (2) tvhen sd) will be exercised by the ct : — im 
 A.'s default, by giving it to them equally. 
 
 75c — Power (an example of the said) : — If (1) A., by his will, gives 5000/. 
 amongst such of his brother's children as his brother shall by will 
 appoint, and (2) latter dies, leaving it unappointed, they will take 
 it equally, the rule being " that where there is (1) a general intention 
 in favour of a class, and (2) a jmrticidar intention in favour of 
 individuals of that class, selectable by another person, and (3) 
 latter fails through default of selection, the Ct will effectuate the 
 former. 
 
 76 — "Precatory" words (ambiguous in themselves), of (a) confidence, (b) 
 desire, (c) hope, (d) recommendation, or (d) request used will Vx? ( 1 ) 
 construed in an imperative sense, and (2) create a binding trust, 
 by a testator, when the S following " Certainties" or requisites exist, 
 
 1. "Expressions " (if the) or words iiTii so used that, on tin- whole, th.-y 
 ought to be considered as imperative, as gatherable from th.- ( 1 i 
 previous conduct, and (2) whole will of the testor. 
 
 2. Object (the) of the propost'd trust are clear and dffiiiite, i.f., the 
 persons intended to l>enefit thereby. 
 
 3. Property (the) or subject ^natter thereof is clear and definite.
 
 416 TEUSTEE8HIPS : GENERAL LAW. 
 
 76b — Precatory (example of a) trust: — if A., bv his will, gives =£2000 
 to B., desiring and hoping that B. will give =£1000 of it to C, here 
 as to latter, B. is a treefor C. 
 
 76b^ — Precatory (2 examples of a nan) trust : — 
 
 1. If sd will had simply expressed a hoi>e "that B. would (1) devote 
 eome part of the ^2000 to C, or (2) hold £1000 of it for some good 
 object." 
 
 2. Reason ichy there icould be no trust : — the uncertainty of the (1) 
 subject-matter and (2) object respectively. 
 
 786 — Profits made by a "quasi-tree" •.—illustrative case as to same. 
 
 1. Case : — Brou-n v. Litton, 1 P Wms., 140, wherein the facts were as 
 follows, viz : — 
 
 1. Captain (a ship) had d£800 aboard, which he intended to invest 
 in trade, but died on the voyage. 
 
 2. Mate (the) (a) became captain, (b) invested them in trade, and 
 (c) made large profits. 
 
 3. Mate's (on) return to England, extrix of 1st Capt. sued for an 
 acct. 
 
 4. Trusteeship: — (1) deft was held to be a tree, and (2) liable to acct 
 for all pirofits made by his sd investment. 
 
 5. Trusteeship {recompense by way of salary, for his care and trouble 
 in trading, was allowed under his sd). 
 
 78b^. — Protection (former statutory) binder the " Trustee Belief Acts, 
 1847 & 1849 " (10 11 v., c. 96, & 12 13 Y., c. 74), repealed by the 
 " Trustee Act, '93," but inserted herein, in order to show the (a) 
 cases wherein it was obtainable thereunder, and (b) procedure 
 necessary therefor : — 
 
 N.B. — Exjjense (the) thereof: — the tree could not put his cestuis 
 thereto, unless the special circvmistauces of the case presented 
 some real difficulty. 
 1. Affidavit (tree's) detailing the following facts, &c., viz.: 
 
 1. Addresses, &c. : — (1) deponent's own, and (2) one where he may 
 be served with pegs. 
 
 2. Cestuis que trust : — (1) descriptions, and (2) names of all ps 
 interested in the fund, to the best of dept's knowledge, &c. 
 
 3. Fund (amount or particulars of the trust). 
 
 4. Heading of the (1) Acts, and (2) trust. 
 
 5. Submission (his) to the court's (1) jurisdiction, and (2) orders. 
 
 6. (1) Trust (the) & (2) trust instrument : — a short statement 
 tht-reof.
 
 TRUSTEESHIPS: — GENERAL LAW. 117 
 
 2. LoJijinevt (the) Schedule referred to on \>. 80, par. »> (2). 
 ;3. Lodgment (a printed copy of gnch) Schedule: — on production 
 thereof. 
 
 4. Payment (frees) of the trust fund into court (l.'ss tli.- costs inci- 
 dental thereto) was allowed. 
 
 5. Notice (tree's) to the various ccstuis que trust. 
 
 6. Liability (further) : — he was thereupon freed therefrom. 
 
 7. Procedure (subsequent) by any one of cestuis que truitt: — 
 
 1. Petition (a) might thereupon be presented hv cestui, for payment 
 ont to him, which was duly served on (1) liis co-cestuis, and (2) 
 tree respectively, or 
 
 2. Summons (a) was issuable by (if the fund did not exceed 1000/.), 
 for payment out to him. 
 
 3. Wliereupon the Ct determined the point involved. 
 
 N.B. — Supplemental : — vide further as to sd afft, dw, p. 80, par. ♦'•, 
 sub-jmrs. 1 to 6 incl. 
 7Sb'^ — Protection ("cases" ivherein sd statutory) u^is formerly obtain- 
 able : — 
 
 1. Cestuis que trust : — when trees are doubtful as to who are letrally 
 entitled to trust ppty, on the grounds specified in sub-pars. 
 2 & 8. 
 
 2. Circumstances (other special) which, in the Ct's opinion, arc 
 sufficient to prevent the adoption of such a course being unuecin- 
 sary and vexatious. 
 
 3. Construction (on some point of) of the trust instrument. 
 
 4. Difficulty (some real) : — vide head-note N.B. — 
 
 5. Dotiht (ivhere there is a reasonable) as to the pty entitled to tli • 
 fund. 
 
 N.B. — Breaches (prior) of trust : — sd protection did not extend thereto. 
 78b^ — Protection (former statutory) obtainable under (by acting accordiny 
 to s. 30 of) 22/3 Vict. c. 35 (Lord St. Leonard's Art) .— 
 
 1. Application (alternative modes of) to the Court for its (1) direction 
 or (2) opinion: — by (a) petition, or (b) summons. 
 
 2. Investment (where he was doubtful whether he was justiOed, 
 although he has a discretion in making a certain), urgrd by his 
 cestui. 
 
 3. Management (trees) of the trust: — practical questions relating 
 thereto. 
 
 3a. Questions (practical) relating to tree's managemmt ; — rid>- sub- 
 par. 3. 
 
 E E
 
 418 TRUSTEESHIPS: — GENERAL LAW. 
 
 78b^ — Protection {cases wherein trees might formerly effectually secure 
 general) tmder Order LV., r. 3, of the Rules of Court of 1883 : — 
 
 1. Ascertainment of (where thej hold ppty iu trust for), a certain 
 class of persons: — application to the Court therefor. 
 
 2. Class {ascertainment of a) of cestuis que trust: — vide sub-par. 1. 
 
 3. Determination {the) of any other " imspecified questions " arising during 
 a trusteeship 
 
 4. Purchase {tchere a tree wished to) trust-ppty : — he might (1) apply for 
 Ct's approval of sale to him, and (2) thereby avoid any after 
 impeachment of his title. 
 
 78c — " Puffer'' {employment of a) at a sale hy public auction is illegal : — By 
 30/1 V. c. 48, sales of land by auction, void at law by reason of 
 such employment, are to be void in equity also. 
 
 79 — Purchase {cases wherei?i (a) a quasi-tree, and {h) tree, &c., may) 
 from his (1) principal, and (2) cestui respectively : — 
 
 1. Agent {circumstcuices under which an), employed to sell, can safely 
 purchase from his principal : — 
 
 1. Arm's (where he has, in dealing with latter, kept him thoroughly 
 at) length. 
 
 2. Disclosure {full), &c. : — where it is perfectly clear that he has 
 furnished such ppal with all the facts, within his knowledge, 
 calculated to influence ppal's judgment in fixing the price for 
 the estate sought to be pchd by such agent. 
 
 2. Auction {at a sale hy public) under the Court's direction, where it 
 has empowered him to bid {Campbell v. Walher, 5 Ves. 682). 
 
 3. Communication (where there has been a), by tree to his cestui, of all 
 Jcnoivledge acquired by such tree of the value of the ppty {Fox v. 
 Machreth, 1 White & T. L. C. Eq. 104), and 
 
 3a. Dissolution {a prior complete) of the fiduciary relationshiji 
 between them. 
 
 4. Creditor {an exon) may purchase ppty levied and seized thereunder. 
 
 5. Disclaiming (a) tree : — a tree who has (1) disclaimed, without (2) 
 having acted in the trust, may become a purchaser. 
 
 0. " Fancy {a) price " : — if he will give same for the property. 
 
 7. Infant {a tree for an) can purchase by leave of the Court. 
 
 8. " Marlcet-value " : — if cestui (1) offers to sell it therefor, and (2) tree 
 (keeping him at arm's length), pays him. 
 
 9. Mortgagee (a) with a power of {being, in fact, a tree for) sale can 
 purchase the mtged ppty by the mtgor's express authority only {Fox 
 V. Maclcreth, ante.)
 
 TRUSTEESHIPS: — GENERAL LAW. Hit 
 
 80 — Purchase {effect of an iinj)roj)er), without actual fraud, by a trtt 
 from his cestui. CourVs vsual course if cestui does not require a 
 reconveyance : — 
 
 1. (1) Improvements and (2) repairs: — the expense thereof, after 
 allowing for deterioration, will be added to the [jurchase- 
 money, and 
 
 2. Estate (the) will be put up, by public auction, at total sum therenf. 
 
 3. Advance (an) beyond latter : — bidder becomes the purehaser. 
 
 4. Advance (if no) beyond latter -. — tree will be held to his jturchase 
 (Tennant\. Trenchard, 4 Ch. 537, 546). 
 
 81. Purchase (circumstances under ivhich a tree for sale is allowed to) 
 from his former cestui: — 
 
 1. Advantage (if no) be taken of information acquired by him in his 
 character of tree. 
 
 2. Concealment (if there is no). 
 
 3. Contract (if the) is (a) clear and (b) distinct, ascertained to be such 
 after a jealous and scrupulous examination of all the circumstances. 
 
 4. Fratid (if there is no). 
 
 82 — Purchase (when a pchr can, in the absence of the usual receipt clause, 
 pay his) money, without being bound to see to its appln : vide pji. 235-6. 
 par. 61, sub-par 5a (1-3). 
 
 8Sa~Piirchaser (avoidance of a sale to a tree) of realty frum hix ct-^tui 
 que trust, soon after latter attaining 21. 
 
 1. Avoidable (it is), without showing any fraud on the tree's part. 
 
 2. Purchaser (a) cannot be compelled (by tree) to accept the title. 
 
 3. Pchr's (effect of) acceptance of title, with notice of the trust : — he 
 stands in no better position than the tree. 
 
 83?* — Purchaser (^' terms " of avoidance of a sale to a tree) : — if a tree for 
 sale (1) purchases trust ppty for its full value in another's name, (2) 
 pavs the purchase-money to tlie persons entitled to it, and (3) after- 
 wards expends money in permanent improvements thereon, such sale may 
 be set aside, on the (a) appln of, and (b) before c. ip t. has lout his right 
 thereto by long acquiescence, on repayment to the tre ■ if th,' following 
 sums, viz. : 
 
 1. Price (the original) of, or ])archase-money for the estate. 
 
 2. (2) Improvements (all sums he has expended for iiemianent {I) 
 benefit, and) on the estate, and 
 
 3. Interest on sd sums from the respective dates of [>ayment, and 
 N.B. — Tree must acct for all sums received by him connected with the 
 
 estate.
 
 420 TErSTEESHIPS : — GENERAL LAW. 
 
 85 — ''Purchasers" irrohihited {generally speaTcing), by the Chancery 
 Division. 
 
 1. Vide p. 193, pflr. 12,suh-pars. 1, la, and 2. 
 
 2. Agent (an) emploved to sell cannot purchase of his ppal, except 
 under the special circumstances specified in par. 79, sub-par. 1. 
 
 3. Cestui {purchase by a tree for sale from his) : — it is an established 
 rule in equity that same, although he may have (a) gained no 
 advantage, and (b) given an adequate price, shall be set aside at 
 ojjtion of cestui, except under the circumstances specified in par. 79, 
 suh-piars. 3, 3a, 6, and 8. 
 
 4. Infant (a tree for an) cannot pui*chase, except by leave of Court. 
 
 5. Moiigagee (a) with a poiver of sale, &c. — vide par. 79, sub-par. 9. 
 
 6. Remainders (o mere tree to preserve contingent) cannot purchase. 
 ^Qh— Receipts {result vhere trees join in) : — as their authority is joint 
 
 only, and such joining is, therefore, requisite for the sake of con- 
 formity, no presumption of actual rect of the money ivill arise {Brice 
 V. Stolces, L. C. ante.) 
 87 — UedempAion {the rule as to) of moiigaged premises : — 
 
 1. Mortgagee (the) can insist upon redemption of the whole 
 estate, as 
 
 2. Mortgagor (a) cannot adversely redeem part only. 
 
 88 — Release {precaution by trees as regards a proposed) of a paii only of 
 mtged premises, &c. Advice to be given to trees, who having (1) 
 invested part of the trust funds on mtge are (2) requested by the 
 mtgor to release part of the heredits therefrom, on the grounds that 
 he (a) wishes to deal therewith, and {h) remainder of mtged hdits 
 is an ample security for the ppal, 
 
 1. Redemption {as to) : — that as the mtgor cannot adversely redeem 
 part of the estate only, the mtgees can itisist upjon redemption together 
 of the whole estate, and should 
 
 2. Refuse to release without being properly satisfied that the unreleased 
 part is an ample security, to ascertain which they must proceed as 
 mentd ante p. 351 (13), and conflnethe amt to that limited therein. 
 
 3. RedempAion {rule as to) of mortgage and premises -. — vide par. 87. 
 885 — " Release " (3 cases wherein a proper) should be taken from bene- 
 ficiaries or cestui que trust by (1) exors, and (2) trees respectively 
 {vide also pip. 237-8, par. 62, sub-pars. 1-8 iyicl.) 
 
 1. Adjustment {on (1) a final) of, and (2) rendering to their cestuis 
 (a) the fullest accounts, and {b) information relative thereto, trees, 
 on payment of the balance divisible thereunder, usually require 
 
 I
 
 TRUSTEESHIPS: — OENEKAL LAW. IJl 
 
 from such o/thvir cediiis as arc (1) entitled (a) ;ili.suliif.-lv, or (h) tn 
 au unincumbered share), an acknou-lechjment that all rhtiinn ami 
 demands have been settled, and (2) although, in iftricl rijht, it cannnt. 
 as a rule, he insisted upon, a release under seal, which latter thrown 
 on the releasor the omis of impeachimj its validitij. 
 
 2. Terniinxtion (on) of treishij) : — trees should reijuire a " K -leasr " 
 from their cestuis. 
 
 2a. Transfer (on) of trust funds from retiring to ncm frustejii : — thi- 
 former are entitled to a release. 
 
 3. Transfer (on tree's cyce or) of trust ppty to his cestui. 
 
 4. Winding (on final) up of an estate: — a release is chiimalde fmui a 
 residuar'v, hut not from a specific legatee. 
 
 88c — Release (ivhat a) should contain -. — vide p. 237, par. 62, sub-par. 2 
 (1-5); (a) full recitals oi (1) trees dealings with trust estate, (2) 
 examination, and (3) approval of accts, and (4) agrt for a <listril>u- 
 tion of the " residue " ; (b) operative part should release ( 1 ) tr-.-es. 
 their hrs, &c., and (2) estates and effects, from all actions, claims, 
 demands, &.c. (vide p. 2^7, par. 62, std)-par. 1.) 
 
 91 — Responsihilities, ci-c, of trustees for each other's acts : — 
 
 1. (1) Authority (their), (2) interest, and (3) power: — is, as a rule, 
 joint only. 
 
 2. Conveyances : — all the trustees must join therein. 
 
 3. Co-trustee's (a) acts: — a tree is not, therefore, generally answeraMe 
 for the acts (to which he is not privy), of his co-tree, unless he (1) 
 allows him to receive, or (2) hands over the trust ppty to him. 
 without seeing to its proper appln, or (3) knowing of a breach of 
 trust, he does not take the necessary steps to remedy the wrong. 
 
 4. Receipt (effect of a tree joining in a) for the sake of conformity 
 alone, hut tvithout thereby (a) assuming any power over, or (b) 
 receiving the trust fiind: — on acet of the sd joint authority, it cannot 
 be inferred that he has received any part of the nuuiey ; /<♦- is not 
 liable for its misappln by the receiver, sinless the act is coupled with a 
 subsequent neglect of duty (vide (1) Brice v. Stokes, ante, ,nid {2} 
 par. 866). 
 
 5. Receipts :—a]l trees must, generally, join therein for the sake of 
 conformity, but do not thereby assume any power over the trust 
 fund. 
 
 91a — Responsibility (distinction between the) of (a) a mortgagee exerci«ing 
 a power of sale, and (b) a trustee for sale. 
 1. Mortgagee (a) exercising a power of sale: — is n«t (eicept as t«> a
 
 422 TRUSTEESHIPS : — GENERAL LAW. 
 
 balance of purchase-money wlien there is no subsequent mtgee), a 
 
 tree for his mtgor, even if the mtge is in the form of a trust for 
 
 sale. 
 Iff. Mortgagee (when the Ct will interfere ivith sd) : — when the sale 
 
 price of the mtged premises is so low as, in itself, to be evidence of 
 
 fraud (Warner v. Jacob, 20 Ch. Div. 220). 
 lb. Mortgagee (when the Ct will not interfere with sd), even though the 
 
 sale be " disadvantageous " : — if he exercises his sd power (1) bond 
 
 fide, for purpose of realising his debt, and (2) without collusion 
 
 with pchr. 
 2. Tree ( (a) duties, and (b) liabilities of a) for sale towards his cestui: 
 
 — vide (1) par. 79, and (2) p. 365, par. 31, sub-pars. 1-12 iiicl. 
 92 — Residting (definition of a) trust: — one which /« (7s, and, therefore 
 
 ^' returns hoDie again," by implication, for the («) benefit, or (b) to 
 
 the use of the (1) creator, (2) grantor, or (3) settlor, or (4) 
 
 if he is dead, of his real or personal repres, from either of the 
 
 following causes, viz.: — 
 
 1. Death of intended cestui at date of settlemetit : — 
 
 1. Example : — if A. settles ppty on B., in trust for C, who was then 
 dead, B. holds for A. 
 
 2. Implication (the necessary) of settlor's desire : — that if the object 
 fails, he shall have his ppty back, as if he had never created the 
 trust. 
 
 3. Intention (an unexpressed, but presumable) : — the above is clearly 
 a case of a trust founded thereon. 
 
 2. Execution (from want of). 
 
 3. Objects ( (1) partial or (2) total failure of the) of the fj-Hsfs whereon 
 (a) land, or (b) personalty is settled. 
 
 4. Trusts : — their (1) absence or (2) indefiniteness. 
 92a — Resulting (2 examples of a) trust. 
 
 1. Consideration (no), &c. : — when A. conveys land to B. without (1) 
 conson, or (2) any declaration of (a) trusts or (b) uses thereof. 
 
 2. Conson (no), &c. : — where (1) a cyce or (2) transfer of realty or 
 l>slty is made (a) without conson, but (b) upon trusts of which no 
 distinct trust or use is stated. 
 
 92& — Resulting (vesting of the 2 estates in case of a) trust: — 
 
 1. Beneficial (the) or equitable estate or interest results to the 
 grantor. 
 
 2. Legal (the) estate is vested in the trustee under the settlement. 
 92c — Resulting (a) use : — occurs where a voluntary cyce of land is made
 
 TRUSTEESHIPS : — GENERAL LAW. 423 
 
 Without any decloii of a use, which hitter, with the legal estates 
 forthwith results or I'everts back to the trrantor. 
 93 — " Ridding oneself'^ of a trusteeship : — 4 methods. 
 
 1. Consent (by) of all interested parties who are sui jnriii. 
 
 2. Order (under an) of the Chancerv Division, Ac. 
 
 3. Special {by virtue of a) power in the instrument creating; tlu' trust. 
 
 4. Trustee (^tender the) Act, s. 11: — a trustee, desirous of being dis- 
 charged, may (where there are more than 2 truste«'s), retire from 
 the trust, if he, by deed, declares his desire to be dischar^'ed tht-re- 
 from, and if, and as far as a contrary intention is not expressed in^ 
 &e. (vide pp. 364/5, par. 29 (1-5 inch). 
 
 95a— Settled (the) Land Act, 1882 (45/6 V. c. 38) -.—abstract of its provi- 
 sio7is as regards the (a) life-tenant, and (b) Trustees under the settle- 
 ment respectively. 
 
 1. " Capital-money" (trees authorised statutory investments, comprising 
 exceptional sec2irities, for) arising thereunder (s. 21). 
 
 1. " Improvements" (any) on the settled ?rt«(:Z :— payment therefor 
 
 (s. 25). 
 
 2. ''Incumbrance" (any) //iereo/i :— satisfaction thereof. 
 
 3. Lands (purchase of (1) freehold or (2) leasehold), if, in latter case » 
 not less than 60 yrs of the original term is unexpired. 
 
 4. Mortgage (on), in absence of any express direction, of real securi- 
 ties in the United Kingdom ( (1) 22 3 V. c. 35, as amended by (2) 
 23 V. c. 38, and (3) 30/1 V. c. 132, but see now the Trustee Act, 
 '93, s. 16). 
 
 5. Railway ( (1) Debenture, and (2) Debenture Stock of any) Co. m 
 (a) Gt. Britain, or (b) Ireland, incorporated by Act of Parliament, 
 and having for 10 yrs prior to date of invt pd a dividend on its 
 ordinary shares or stock. 
 
 6. Reversion or seigniory of settled land :— purchase thereof. 
 
 7. Stock (generally, any), the interest whereof is guaranteed by 
 Government (vide Acts specified in sub-par. 4). 
 
 8. Stock (Consolidated) of the Metropolitan Board ..f Works (34,5 
 
 V. c. 47). 
 
 2. Consent (when life-tenanVs) is necessary -.-to the tret-s exercise of 
 a«i/ powers embracing any of the objects comprised in (W,y of the 
 statutory powers thereunder (Re Duke of Newcastle » Settled Estates, 
 
 (24Ch. Div., 129). • , rr ♦ 
 
 2a. Consent (when trees) is necessary under s. 15 :-it the iite-tenant 
 wishes to sell the (1) principal mansion-house, or (2) demesnes
 
 424 
 
 TRUSTEESHIPS : GENERAL LAW. 
 
 usually held therewith, he must obtain either («) an order of Ct, or 
 (6) trees' consent thereto. 
 
 3. ''^Demesnes" {sale of) iisuaUy held uith ijrincijyal mansion-liouse : — 
 vide suh-par. 2. 
 
 4. Mansion {sale of (1) principal) house, or (2) demesnes, &c. — vide 
 sub-jHir. 2. 
 
 5. Notice {a moniKs prior) of any intended sale by life tenant: — 
 must {unless waived hy trees) be given to (1) them, and (2) their 
 solrs (s. 45, as amended by S. L. Act, '84 (47 8 V. c. 18). 
 
 5a. Notice {ivhen sd month's), &c.,is nnnecessary : — if waived by trees. 
 
 6. Object {whole) of sd Act : — to (1) confer a jjower of sale on, and (2) 
 render the trees subbervient to the life-tenant. 
 
 7. Powers {life -tenant's several statutory) thereunder, viz. : — 
 
 1. Consent {his), &c. : — vide sub-par. 1, as to when same is 
 necessary. 
 
 2. iiale (a) of settled lands, separately from minerals (s. 17), subject 
 to the requirements specified in sub-pars. 2 tt 5 respectively. 
 
 3. Statutory {discretionary exercise of) poivers conferred by Act. 
 
 4. Trust (discretionary exercise of j^owers given him by the) 
 instrument. 
 
 8. Powers {qualified operation of the several statutory) thereunder: — 
 same are not to (1) abridge, or (2) take aM^ay other powers exer- 
 cisable (under the trust instrument), either by the (a) life tenant, or 
 {b) trees with his consent (s. 56). 
 
 9. Poivers {in case of conflict between the (1) express) of trust instru- 
 ment, and (2) statutory p)owers : — (a) latter shall prevail, and (6) 
 accordingly, notwithstanding anything in the settlt, life-tenant's 
 consent is required to tree's exercise of any such jiower conferred 
 by the former. 
 
 10. Powers {trees may exercise the several) given them by the trust 
 instrument. 
 
 11. Vendor's {statutory) thereunder : — vide stib-par. 7. 
 
 9.5b— '' Settled Land Acts" (1) '82 (45/6 Y. c. 38) & (2) '84 (47/8 V. 
 c. 18). 
 1. Trees {persons tvho are to be considered) of a settlement for statutory 
 purposes thereunder : — 
 
 1. Those who are, for the time being, under the settlt, trees with 
 poiver to (1) approve of, or (2) consent to a sale of, or (3) sell 
 settled land " in pnesenti " but not " in futuro : " {Wheehvright v. 
 Walker, 23 Ch. Div. 752), or
 
 TRUSTEKSHll'.S : — i.KNEKAL LAW. l-'Jo 
 
 2. None ((/"j .— the i)s (if any) fur time l.t-ing declareil \>s tli.- sfttlt 
 to Le trees thereof for the " Act purposes : " (s. 2 (8). 
 
 3. No (if there are) such ^s as last mentd : — tit ps are iip[)oiiital)le l>v 
 the Ct to such office (s. 38). 
 
 4. (2) Powers (their several active (1) duties, and) : — 
 
 1. Improvements (a scheme for) : — approval thereof (sect. 26), 
 
 2. Investments (1) interim, or (2) other) : — to make same, ]>y life- 
 tenant's direction (s. 22.) 
 
 3. Money: — to (1) pay, or (2) receive same. 
 
 95c — (a) Settlement (powers, &c., formerly contd in a well-draim), or (h) 
 ivill now omissible therefrom in ordinary cases : — 
 
 1. Advancement on acct of children's education, maintenance, »X:c. 
 
 2. Appointment of new trustees. 
 
 3. " Compounding" debts, &c., by (a) exors, and (b) trees; — (1) -14,5 V. 
 c. 41, ss. 31-2, 36-8; (2) 45/6 V. c. 38, ss. 38-40 ; (3) 567 V.c. 53, 
 s. 21. 
 
 4. Indemnity (trees') clause: — (1) 22 3 V. c. 35, s. 31 ; (2) lo ♦! \'. 
 c. 38, ss. 41 and 43. 
 
 5. Maintenance of children, etc. 
 
 6. Receipts (trustees i)Ower to give). 
 
 95f? — Settlement (an ante-nuptial) : — effect thereon of the settlor s subse- 
 quent banlcruptcy. 
 
 1. Avoidable (it is not) on any of the grounds specitied in p.ir. ]•»", 
 sub-par. 1. 
 
 2. Banlcruptcy (effect of settlor s subsequent) :— it may, under the B. A. 
 '83, s. 29, be (1) deemed unjustitialjle inider the s}>ecial circum- 
 stances of the case, and (2), though unavoidable, induce the Ct t<> 
 (a) refuse, or (b) suspend his " discharge-order." 
 
 95e — Settlement (ordinary trusts of a marriaye) of personalty : — abstract 
 thereof. 
 
 1. Recitals of:—(l) intended mge, (2i agrt to settle, and (3) tninsfer 
 of stock to trees. 
 
 2. Testatum: — that in conson of sd intd mge it is mutually agr 1 sd 
 
 trees shall hold stock itpon the folio winy trusts, viz.: — 
 
 1. In trust for settlor (a) until marriage, and (b) afterwards. 
 
 2. In trust to (1) invest, (2) with power to vary, and (3) pay nK»)me 
 to (a) hd (if it is his settled j.pty, secus, to (b) wife) during their 
 joint lives, (4) with renulr, to jiay income to survor for life, (5) 
 with remdr. 
 
 3. In trust as to (1) corpus and (2) income for issue of mge as (a)
 
 426 TRUSTEESHIPS : GENERAL LAW. 
 
 hd and wife jointly, bv deed, or (b) survor by (1) deed or (2) will, 
 shall appt, and in default of appt. 
 
 4. In trust for such issue, equally, with a hotchpot clause, vAth 
 remdr. 
 
 5. In trust for settlor's next-of-kin, as if such hd and wife had never 
 been married, in equal shares. 
 
 95/ — SeiiJement {abstract of the "trusts^' of an ordinary marriage) of 
 realty {after date, parties, and testatum) : — In conson of such 
 intended mge settlor conveys sd realty to trees in fee simple to the 
 following uses, viz. : — 
 
 1. To use of (a) settlor, and (5) his heirs, until mge, and afterwards. 
 
 2. To use that his intended wife shall, during (1) her and (2) his 
 joint lives, receive a yrly rent-charge, payable i yrly, 1st pavment 
 to be made 6 cah- mos after mge, and to be for her separate use, 
 with a restraint on anticipation, and subject thereto, 
 
 3. To husband's use, for life, sans icaste, icith remainder, 
 
 4. To use that wife surviving hd shall receive a jointure rent-charge 
 for hfe, commencing payable | yrly from his death, and subject 
 thereto, 
 
 5. To use of trees for 1000 yrs to raise portions for younger 
 children; and subject thereto, 
 
 6. To use of (a) 1st, and {b) other sons of mge in tail male, in succes- 
 sion, according to their seniority, (c) with remainder to daughter?, 
 as tenants in common, {d) with cross-remainders amongst them, (e) 
 v:ith remainder to use of settlor in fee simple. 
 
 95^ — Settlement {sd marriage) of realty : — schedule of clauses iiisertable 
 therein. 
 
 1. Appointment, with a ^'hotch-pot'' clause: — husband's power therefor. 
 
 2. Husband's or settlor s powers thereundtr : — vide sub-pars. 4, 5, 8, 
 and 11. 
 
 3. Investment (for) of the trust funds, if specially desired. 
 
 4. Jointure {to) a future wife -. — husband's power therefor. 
 
 5. Mortgage {to) for imprrovements : — (1) husband's power therefor, 
 and (2) after his death, the settlement-trustees. 
 
 6. '■ Portion-term " : — declaration of the trusts thereof. 
 
 7. Portions {amt of) : — a clause fixing same. 
 
 8. ^^ Portions" (to charge) for children of any future marriage: — 
 husband's power therefor. 
 
 9. Powers {husband's or settlors) thereunder : — vide sub-pars. 4,5,8, 
 and 11.
 
 TRUSTEESHIPS: — GENERAL LAW. 427 
 
 10. Special (any) clauses deemed advisable, or rendered necessary l.v 
 the (1) circumstances or (2) exii^encios of the jiartioilar case. 
 
 11. Trustees (new) : — husband to be the "appointor" thereof. 
 
 12. Tnistees (statutory) : — trees to be such for purposes of the (1> 
 Conveyancmg and (2) Settled Land Acts. 
 
 13. Voidance : — settlt to be void if nige not soleuuiised within a ^r. 
 97 — "Solicitor-trustee" {when a) may he made primarily liable for total 
 
 loss through a breach of triist : — if one of the trees (being a solr), (1) 
 takes the active jmrt in the conduct of the trust, and (2) is entith'd 
 to charge, (3) charges for his professional work (Re Partington ; 
 Partington v. Allen, 57 L. 654). 
 97a — Solicitor (trees' employment of a) : 
 
 1. Allowable (when) : — in all matters wherein such employment is 
 reasonable. 
 
 2. Costs (when liable to personally pay) unnecessarily incurred : — vide 
 sub-par. 3. 
 
 3. Forbidden (when) : — in respect of such acts as the tree might have 
 performed ^ej-so7irtZZy, e.g., attending at bank to receive dividends, 
 &c. (Harbin v. Darby, 28 Beav. 325.) 
 
 976 — Solicitor (trees employment of their co-tree, a) : — Cradock v. Pijur, 15 
 L. T. E. 61. 
 
 1. Allowable (when) : — he is (1) employable, and (2) may make his 
 professional charges as solr in the trust. 
 
 2. Disapproved: — sd case, thoush followed, has not been a]>proved of. 
 
 3. Extendible (the said case is not) : — 
 
 4. " Litigious " trust business : — case is only applicable thereto. 
 
 5. Non-contentious (general) business (i.e., mattirs out of Ct) : — the sd 
 case is inapplicable thereto. 
 
 6. " Special words " must be inserted in the (1) hettlement or (2) 
 will, authorizing sd solr-tree to charge only for 
 
 7. " Strictly professional services " rendered to the trui^t, i.e., such as an 
 ordinary tree would have employed a solr to perform. 
 
 103 — " Transfer" (modes of) to, or vesting of the legal estate in new trees 
 upon their appointment, in the following properties (" Conv. Act." 
 s. 34.) 
 
 1. Copyholds -.—(1) Surrender to, and (2) admittance of new trees in 
 the usual way. 
 
 2. Freeholds :— by a declaration in the deed of ap[M.intment. 
 
 3. Leaseholds : — by deed of assignment. 
 
 4. Money in a bank :—a, transfer in Banking Company's books.
 
 428 TRUSTEESHIPS : GENERAL LAW. 
 
 5. Money due on tntge of (I) freeholds and (2) leaseholds : — an ordinary 
 deed of transfer. 
 
 6. Stock of the (1) Bank of England, and (2) London and North- 
 Western {or any other Rway) Co : — by a transfer in their books 
 respectively. 
 
 104 — " Trust " (definition of a), when used in its proper sense, i.e., that of an 
 interest of the cestui: — the beneficial, or equitable (1) interest in, or 
 (2) ownership of (a) personal or (b) real estate, unattended or uncon- 
 nected irlth the legal and possessory ownership thereof. 
 
 105 — " Trustee" {definition of a) -. — the person who has (1) the legal 
 interest in or ownershij? of, and (2) holds (in the eye or view of the 
 lawj absolute and direct dominion over the subject-matter of the 
 trust. 
 
 lot) — " Uses (the Statute of) " — (1) the common practice anterior thereto ; 
 (2) design, (3) effect, and (4) object, &c., of sd statute : — 
 
 1. Anterior {the U7iiversal practice) to St. of Uses : — 
 
 1. Conveyance (a) of lands to iises. 
 
 2. Conveyance {the great advantages secured by a) of lands to uses: — 
 
 1. Beneficiary {the then) : — the owner of a use in such land. 
 
 2. Charity (cyce of o use (but not land) to a) was allowed. 
 
 3. Treason {forfeiture for) : — (1) a mere use was exempt there- 
 from ; (2) secns, as to land. 
 
 4. Will {a) could be made of (1) the use, but (2) not of lands. 
 
 2. (1) Design {its) and (2) object : — to put an end to the sd practice, 
 by preventing A. holding lands simpAy for B.'s benefit, and attempting 
 to effectuate such design by the enactment mentd in sub-par. 4. 
 
 3. Effect {its) : — the addition to every instrument of the words " to 
 the use of." 
 
 4. Enactment {a bare and ultimately insufficient) that, when A. held 
 lands for or to the {1) benefit, (2) confidence, (3j trust, or (4) use 
 of B., he who had such confidence, &c., should be deemed in lawful 
 (a) possession, and {b) seisin of the actual este. 
 
 5. Inapplicable (2 cases to which sd Statute is), or wherein it is " in- 
 operative " : — 
 
 1. Active {an) use : — e.f/., if land is given to A. in trust to (1) collect, 
 and (2j hold the rents to the use of B., A. has the legal, and B. 
 the equitable estate. 
 
 2. Personal (a trust of) estate. 
 
 6. Objection {chief) thereto : — the defrauding of the lords of the sd 
 lands of their lawful dues.
 
 TRUSTEESHIPS: GENERAL LAW. 4-2'.» 
 
 7. Rex II It {general) : — 
 
 1. Beneficiarij (the), if there is a mihseiufnt use : — taker <»f lattfr 
 
 2. Beneficiary (the), if there is no siibseipient use: — jfouerally, the 
 owner of a 1st use has botli th? (a) beneficial interest, and (b) 
 leejal estate also. 
 
 3. First (owner of a) icse, as a general rale, has the legal estate. 
 
 4. Several (where there are) uses: — (1) Ist has the legal estate, an^l 
 (2) the last the beneficial interest all " intermediaries " being ignnnil. 
 
 8. TyrrelVs (decision in) case (Tudor^s L. C, Conv., 335) : — 
 
 1. Doctrine thereby established: — that there could not be a use upon u 
 use, i.e., where land was given to A., to the use of B.. to the use 
 of C, the 1st use only was executed by the St. 
 
 2. Effect (its) in the sd in4ance : — B. would (although C. tons intendeil 
 to benefit), hold the laud for all purjioses. 
 
 3. Effect (its sweeping), originating the existing doctrine of trusiH, 
 under which the Ct. of Ei[iilty thereupon held as follows, viz. : — 
 
 1. A. (that though), owner of 1st use did take the legal estate, yet 
 he held it only for 
 
 2. C. (the benefit of) who had the last use, for whom B would !>•• 
 simply a trustee. 
 
 107 — Voluntary (a) trust arising by an act inter vivos : — 
 
 1. Beneficiaries (statutory modes tvhereby) may be deprived of the benefits 
 intended. 
 
 1. Banhruptcy (tmder the) Act, '83 (46/7 V., c. 52, s. 47), if settlor 
 becomes bkt within (1) 2 yrs, settlt is void, and (2) even (<» ) 
 after 2, but (b) within 10 yrs, it is void, jinless his complete 
 solvency at date thereof can be proved. 
 
 2. Fraud (actual or concocted) between ps: — a settlt will always 1.. 
 bad on this ground, whether there (a) is, or (b) is not a 
 conson. 
 
 3. Fraud (under St. 13 Ehz., c. 5, it may be a) upon creditors. 
 
 4. Sale (settlor's subsequent) for value of settled land:— under St. 27 
 Eliz. c. 4, prior voluntary cestui will be ousted by pchr. altha' 
 latter tales it with notice, except it is a charitable trust, when hetakex 
 subject thereto, but vide nou^ par. \07a. 
 
 2. (1) Binding (reqiiisite to be absolutely) and (2) j/-rt>i-()fa5/t' : -it must 
 he & perfect trust, e.g., if A. voluntarily vests pi)ty in B. upon trust 
 for C. 
 
 3. Equitable (when the) interest will be enforced :— if the legal cyw i» 
 actually made constituting the fiduciary relationship of (1) cestui
 
 iSO TRUSTEESHIPS: — GENERAL LAW. 
 
 and (2) tree, e.g., if stock is actually transferrel, although without 
 
 conson, 
 4. Imperfect (example of an) trust: — If A. simply covts to transfer 
 
 ppty to B., to hold upon trust for C, he can (1) refuse to transfer, 
 
 and (2) withdraw therefrom ; there is, in fact, a locus penitentiee 
 
 {Jeffreys v. /., Cr. & Ph. 138j. 
 4a. Imperfect (reasoti u-Jiy an) trust is not enforceable : — because, icith- 
 
 out conson, the Ct's aid is unobtainable to constitute a party cestui, 
 
 e.g., upon a mere voluntary covt to transfer stock, &c. (vide sub-par. 3). 
 
 0. Perfect ((1) effect, a ml (2) example of a) trust: — vide sub-par. 2. 
 
 6. Post (reason ichy the Ct favourably vieivs a) nuptial settlt (ichich is 
 voluntary), on settlor s (a) wife, and (h) children : — because many 
 things may be held to constitute a conson which would not be so in 
 other cases. 
 107a — " Voluntary Conveyances Act, I89d" (56 7 F.. c. 21): — abstract 
 thereof. 
 
 1. " Conveyance " (statutory definition of, under s. 4, expression) : — it 
 includes every mode of disposition (a) mentd or (h) referred to in 
 27 EHz. c. 4. 
 
 la. Inapplicable (transactions to ichich Act is) : — vide sub-par. 3. 
 
 2. Ireland (appln, under s. 5, to) : — Act shall (1) extend, and (2) apply 
 to Ireland, and (3) as applied thereto, be (a) construed and (b) read 
 as if Act of 10th yr of Charles 1st, session 2, c. 3 Tlreland) , were 
 substituted for 27 Eliz. c. 4. 
 
 "3. Saving transactions completed before 29th June '93 — Act is inapplic- 
 able in any case wherein the author of a vol cyoe of any lands, etc,, 
 has (1) subsequently, but (2) before sd date, (a) dealt therewith, or 
 (b) disposed thereof, in favour of, or to a pchr for value (s. 3). 
 4. " Unavoidable" (circumstances utuler ichich a voluntary cyce of any 
 lands, tenements, or heredits. ichether made (a) after, or (b) before 
 29th June, '93, is) :— 
 
 1. Conveyance made upon any subsequent purchase for value: — sd 
 vol cyce shall not (if it is, in fact (a), made bond fide, and (b) 
 without any fraudulent intent), be defeated under any of the 
 provns of 27 Eliz. c. 4, by cyce. No. 1 herein, any rule of law not- 
 withstanding (s. 2). 
 "2. Purchase (any subsequent) for value: — subject as hrinafter mentd 
 no such vol cyce (if, &c., vide sub par. 1, ante'}, shall hereafter be 
 deemed (1) covinous, or (2) fraudulent within meaning of 27 Eliz. 
 c 4, by reason of any such purchase (s. 2).
 
 No. Page. 
 
 TEUSTEBSHIPS, ETC.: — " CONTENTS-TABLE " (SUPPLEMENTAL). 431 
 
 TRUSTEESHIPS :-" SUPPLEMENT " THERETO. 
 Contents {alphabetically classified " Summary'^ or Table of). 
 
 First 
 Index. 
 
 1 436 ... Accounts (as to directing) against a trustee 
 
 on the ground, of " wilful default." 
 
 2 436-7 390 Accumulation (limit or restrictions on the 
 
 indefinite) of income of (a) personalty, and 
 {h) realty, imposed by 39/40 Geo. 3, c. 98 
 (Lord Lou^jchborougli's " Thellusson Act " 
 (1800). 
 
 3 438 ... "Acquiescence" (effect of) of a cest^ii in a 
 
 breach of trust. 
 
 4 438 ... Agent {liability of an), who (a) acts for, and 
 
 (6) under the direction of, a trustee in 
 effectuating a breach of trust. 
 4a ... ... ''Annual {the) Practice" for 1894; : — for the 
 
 Schedule of (a) matters and {b) proceedings 
 relating to trusts dealt icith therein — vide 
 App. " A. P." 
 
 5 438 ... "Anticipation" {restraint on): — its legal 
 
 effect. 
 
 6 438-9 353 I "Appointees" as trustees in (1) constructive, 
 
 391 ) (2) express, and (3) implied trusts respec- 
 tively. 
 
 7 439 3.54) Appointment {the) of new trustees: — (1) how, 
 
 391 ) and (2) when apptable. 
 
 8 439 ... Assignment {mode of), Ac, of the estate or 
 
 interest of a cestui. 
 a9 ... 381') Assignment {mode of ) of an existing trust : — 
 
 14rt ) by writing only (29 Car. 2, c. 3, s. 9). 
 9a 439 ... Assistance (4 several modes whereby the 
 
 Court's) is obtainable by a trustee, to 
 determine questions urising during his 
 trusteeship. 
 10 439 356 ~\ Banhruptcy (effect of a tree's) in certain 
 
 392-3 > specified cases. 
 425 3
 
 432 TRUSTEESHIPS, ETC.: " CONTEXTS-TABLE " (SUPPLEMENTAL). 
 
 No. Pasre. t i* 
 
 Index. 
 
 11 439") ... Bastard (devolution of certain specified pro. 
 440 ) perties on death of a) bachelor intestate. 
 
 12 ) 440 ... Business (testors): — creditors' (a) remedies- 
 12fl ) and (h) i-ights in relation thereto. 
 
 13 ... ... Cases (6 miscellaneous leadhij), &c — 377-80, 
 
 B. l-5« inc. 
 
 14 ... ... Cases (9 recognised leading), &c. — 373-7, C. 
 
 (L), 1-9 inc. 
 
 15 440-1 395 Cestid ( (a) relief ohtainahle hy a co), injured 
 
 by a trustee's breach of trust, mid (b) rights 
 against certain specified parties. 
 15rt 441 ... Classification (alternative) of trusts. 
 
 16 441-2 405-6-7 Constrnction {{\) wide difference, or (2) dis- 
 
 tinction between the) placed upon (a) 
 executed, and (6) executory trusts respec- 
 tively, and its effect. 
 
 17 442 398 ") (1) Constructive (reasons why a vendor's 
 
 407-8 ) lien for his un2)aid purchase-naoney may be 
 correctly styled either a), or (2) an implied 
 trust. 
 V7a 442-3 398 ") (1) Constructive (reasons why a grant to (a) 
 
 407-8 ) A. for life, without impeachment of waste, 
 (6) with remainder to B. in fee, may be 
 correctly styled either a), or an implied trust. 
 
 18 443-5 191-6 '■^Conversion (eqiiitahle) " : — the doctrine 
 
 thereof 
 
 19 445 358) (1) Costs (a trustee's), (2) charges, and (3) 
 
 399 ) expenses respectively in certain specified 
 actions : — the several rules applicable 
 thereto. 
 
 20 446 ... Creditors (a debtor's conveyance to trustees 
 
 upon trust to pay his) : — effect thereof. 
 
 21 446 230-3 Creditor's (statutory advt for, or notice to) 
 
 under 22 3 V., c. 35. 
 
 22 446 383 Criminal (a trustee's statutory) liability for 
 
 " misappropriation" of trust funds. 
 22r/ 447 395-6 ) Cy-prls : — the doctrine thereof. 
 
 276 3
 
 No. 
 
 Page. 
 
 Fir^t 
 Index. 
 
 '22b 
 
 
 403 ) 
 40a i 
 
 28 
 
 447 
 
 400 
 
 2Sa 
 
 447 
 
 401-3 
 
 24 
 
 447-8 
 
 
 25 
 
 448-9 
 
 
 2(> 
 
 449 
 
 
 27 
 
 449 
 
 407 
 
 a28 
 
 
 
 TRUSTEESHIPS, ETC.: — " CON TEX fS-TABLE " (SUPPLEMENTAL). 433 
 
 Death ((/ trustee's) : — statutory devolution 
 of trust-ppty thereon. 
 
 Declaration (an express) of trust ; — essential 
 statutory requisites to its validity. 
 
 Delegation (a trustee's) of his power: — 
 general rules thereon. 
 
 (1) Duties (a trustee's), (2) powers, and (S) 
 responsibilities -. — what they depend upon. 
 
 Examples (15) of the various classes of 
 trusts. 
 
 " Executor (an) de son tort " : — (one of his 
 own wrong). 
 
 Express (division of) trusts into 2 classes. 
 
 Extinguishment (example of an) of a trust 
 by operation of law : — where the (a) benefi- 
 ciary, and (b) trustee are one and the same 
 person. 
 
 29 449-50 ... (1) Fiduciary (a) position or relation, and 
 
 (2) trusteeship" respectively : — the difference 
 between the two expressions. 
 
 30 450 231(6) " Following the assets or trust estate" :— (I) 
 
 when allowed, and (2) disallowed respec- 
 tively, and (3) definition thereof. 
 
 31 450 ... Imprisonment (a trustee's) for a breach of 
 
 trust debt. 
 360-1 Indemnity (an) from his cestui que trust : — 
 
 when a trustee is (1) disentitled, and (2) 
 
 entitled thereto respectively. 
 (1) Indemnity, and (2) reimbursement clause, 
 
 &c.—videp. 384 (566). 
 Infancy (appln of income during) of cestui ; 
 
 p. 384 (56c). 
 Judgment (effect of a) for the exon of trusts on 
 
 the exercise of powers given to trees: — latter 
 
 are not exercisable without the Comi's 
 
 sanction. 
 36 ... ... Judgment (effect of a), &c., on the exercise of 
 
 an absolute and uncontrolled discretion reposed 
 
 F F 
 
 32) 
 
 32rti 
 
 450 
 
 33 
 
 450 
 
 34 
 
 451 
 
 35 

 
 ■434 TRUSTEESHIPS, ETC.: " CONTENTS-TABLE " (SUPPLEMENTAL). 
 
 ■NT T> First 
 
 No. Page. j^^^^^ 
 
 m a tree : — latter ivill (although the Ct. loill 
 direct the exon of powers), generally he un- 
 affected thereby. 
 
 37 451 ... Language required for the creation of an 
 
 express trust. 
 
 37rt ~1 451-2 ... Legal (the) estate: — exjilanation as to how, 
 
 to with reference to the rule in " Shelley's 
 
 S7d I case/' it may be important to determine 
 
 incl. J whether such estate is, by a will (a) only 
 
 partially, or (b) wholly, vested in the 
 trustees thereof: — vide par. 51a. 
 Legal (an ontstanding) estate in land : — points 
 connected therewith. 
 1. Getting (as to the immediate) in thereof. 
 • 2. Purchaser (a subsequent) : — vide par. 4:Sa. 
 
 3. Purchaser's (a negligent) danger : — vide 
 par. 43. 
 
 38 452 ... Liabilities (a trustee's) (1) civil, and (2) 
 
 criminal respectively, ior a fraudulent breach 
 
 of trust, in certain specified events. 
 Liabilities (the general) of a trustee. 
 Liabilities of trustees in connection with 
 
 " Mortgages." 
 Liability (trees') thro' (1) carelessness, and (2) 
 
 on other special grounds, &c. — vide p. 385 
 
 (62). 
 Liability (extent of a tree's for) loss, &c., in 
 
 resj^ect of certain specified acts. 
 Limit (fixed by the rule agst '' perpetuities"), 
 
 laid down in Cadell v. Palmer (p. 375, 
 
 2mr8. 4 and 6), for the creation of a trust. 
 Loss sustained by a trustee, &c.: — vide pp. 
 
 385-6 (QQ) : — mode of taking account, <fec. 
 Loss sustained by a trustee, d'c. — vide pp. 
 
 385-6 (66). 
 Mortgage (deficiency on a) : — tree's liability 
 
 therefor. 
 Mortgage (investment on) of p]>ty from -vrhich 
 
 38a 
 
 452 
 
 410-11 
 
 386 
 
 452 
 
 
 38c 
 
 452-3 
 
 
 38fZ 
 
 453-4 
 
 342) 
 
 21b) 
 
 
 
 38fZ' 
 
 
 
 38e 
 
 454 
 
 
 39 
 
 ... 
 
 
 40 
 
 452 
 
 ... 
 
 40a 
 
 452 

 
 TRUSTEESHIPS, ETC.: — " CoNTENTS-TABLE " ( SUI'PI.EM ENTAL). -43.5 
 
 No. Paj,'e 
 
 First 
 Index. 
 
 no iiKoni'.' is deriveil : — tree's liability 
 therefor. 
 
 41 454 ... Notice (constructive) : — the meaning thereof. 
 
 42 454-5 ... Notice to trustees upon the pnrcJuise of " a>i 
 
 equitable interest": — the paramount import- 
 ance of giving same. 
 42rt ... .. " Omissions" from p. S87 of the Ist ''Con- 
 
 tents-Table" hereto: — 
 7Sb^ 416 > ... 1. Protection (former statutory) under re- 
 
 417]' pealed " Trustee Relief Acts, '47 and '49 " : 
 
 — special reason for its incorporation herein. 
 786' 417 ... 2. Protection (cases wherein sd statutory) 
 
 was formerly obtainable. 
 78b* 418 ... 3. Protection (cases wherein trees might 
 
 formerly effectually secure general) under 
 
 Order LV., r. 3, of the Rules of Ct of 
 1883. 
 " Procedure " (the) incidental to trusts : — 
 
 vide ^'Appendix, P." 
 Purchaser (reason why a) of an estate incurs 
 
 a risk of losing it, by leaving a legal estate 
 
 outstanding. 
 Purchaser (case wherein a subsequent) is 
 
 protected by an outstanding legal estate. 
 " Re-conversion " : — the equitable doctrini,' 
 
 thereof. 
 " Mests (annual) " : — meaning of taking an 
 
 account therewith. 
 Retirement (the vai'ious modes of) from a 
 
 treeship since 1881. 
 Retirement (a trustee's) from his trust : — 
 
 legal effect thereof. 
 Retirement (sd) : — circumstances under which 
 
 a trustee is absolutely relieved. 
 Rights (some of the most important) of a cestui 
 
 que trust against his trustee : — 
 Sale (a) of trust ppty : — a tree's strict duties 
 
 thereon. 
 
 F F 2 
 
 426 
 
 ... 
 
 ... 
 
 43 
 
 455 
 
 
 43a 
 
 455 
 
 
 44 
 
 455 
 
 
 45 
 
 455 
 
 
 46 
 
 455 
 
 364-5 
 
 46a 
 
 455 
 
 423 
 
 466 
 
 455 
 
 
 47 
 
 455-7 
 
 
 48 
 
 457 

 
 436 TRUSTEESHIPS, ETC.: — SUPPLEMENT. 
 
 No. Page. T 1 . 
 
 " Index. 
 
 49 457-8 ... " Secret (a) trust," affecting (a) a devisee, or 
 
 (b) legatee respectively. 
 
 50 458 ... Settlement (mode of) of personalty, upon 
 
 trusts identical with the uses declared as to 
 realty. 
 
 51 459 ... Settlement {a voluntary), containing no express 
 
 power of revocation: — (1) circumstances 
 under, or (2) grounds upon which same can 
 be revoked or set aside. 
 
 51 (( 459^ ... ^' Shelley s case": — abstract of the rule 
 
 460\ therein, 
 
 52 460 ... "Thelhtsson (the) Act" :— its (!) e&ect, and 
 
 (2) limit respectively. 
 
 53 460 ... Writ (a) for the execution of trusts : — its effect 
 
 on the exercise of powers given to trustees. 
 
 Abbreviations (schedule of 3 often-repeated) herein : — 
 
 1. " Cestui " t — represents cestui que trust. 
 
 2. " Tree " represents trustee. 
 
 3. " Trees " represents trustees. 
 
 1 — Accounts {as to directing) against a trustee on the groiind of " irilful 
 default " : — 
 
 1. Rule (general) : — that sd default must be made out at hearing. 
 
 2. Rule (exception to sd general) : — if (a) the pleadings contain an 
 allegation (disproved on hearing), of said default (specifying one 
 instance thereof at the least), and (h) merely the ordinary admon 
 judgment is taken, latter may be afterwards added to, whenever such 
 default is jjroved, by directing further accts and inquiries to l>e 
 taken and made accordingly. 
 
 2 — Accumulation (limit or restrictions on the indefinite) of income, &c. 
 
 1. Case (leading) : — Cadell v. Palmer (vide p. 375, pars. 4 and 6). 
 
 1.) Dispositio7i (free) of all hinds of property : — the policy of the 
 a ) law is now in favour thereof, and if an unlimited time, &c. 
 (vide sub-jiar. 8). 
 
 2. Exceptions (3) to the sd limit or restriction, &c. : — 
 
 1. DMs (payment of testor's) : — where it is therefor. 
 
 2. "Portions " (children's) : — where it is for the raising thereof. 
 
 3. Timber (proceeds of sale of) : — where it affects same.
 
 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 437 
 
 o. Limit fixed therefor: — ^a limit has, therefore, ln'on lixed therefor, 
 the rule under which prevents (a) pslty, or (h) realty from beint; 
 " tied up " or fixed as to its future destination, for a Ioniser jteriod 
 than : — 
 
 1. Existing (any fixed ninuher of) lives, i.e., in being at the ('/) <late 
 of settlement, or (h) testator's death, and 
 
 2. Term (an additional) of 2\ yrs after their decease. 
 
 3. Allowing further for the period of gestation, if it actually 
 exists. 
 
 4. Unborn (an) child : — realty may, therefore, be settled upon it, 
 but not upon latter' s children. 
 
 4. Necessary (why sd Act ivas rendered) : — to prevent the repetition of 
 the cruel absurdity occasioned by the extraordinary will of Mr. 
 Thellusson (deced), who directed the income of his ppty to be accu- 
 mulated during the lives of all his (1) children, (2) grandchildren, 
 (3) great-grandchildren who were living at the time of his death, 
 
 for the benefit of some fvture descendants to be living at the survivor's 
 decease. 
 
 5. "Period" (computation of the) allovjed for " vesting" : — 
 
 1. iJeed, (in the case of a) : — from its date. 
 
 2. Will (in the case of a) : — from the testator's death. 
 
 6. Reason for sd rule: — the desire of individuals to keep up their (a) 
 memory, and (b) name has often been opposed to the sd rule, and 
 many invariably defeated contrivances, devices, and shifts have, 
 from time to time, been tried, to keep uj) (1) a perpetual entail, or 
 (2) something that might answer the same end. 
 
 7. Ttventy-one yrs after (1) settlor's, or (2) testor's death: — except as 
 specified in sub-par. 2, the sd accumulations must not be directed 
 by (a) will, or (b) otherwise, for a longer j^eriod. 
 
 8. Unlimited (result, if an) time were allowed for the creation of innu- 
 merable (a) future, and (b) indestructible estates: — the alienation of 
 lands might be thereby prevented. 
 
 9. Void (example of a) gift to children, exceeding sd limit (as to which 
 vide also Brudennell v. Ehres, 1 East. 452) : — a gift of pslty and 
 realty by will, to trees, upon trust for (1) A. for life, and (2) after 
 his death, for such of his children as shall attain 25 ; A. has 3 chn 
 (a) at testor's death, and (b) afterwards 4 more. 
 
 9a, Void (when excess of statutory limit for the accumulation of income, 
 &c., is (1) partially, and (2) totally) respectively: — vide p. 390, 
 jKir. 3, sub-pars. 1 cuid 2.
 
 438 TRL'STEESHIPS, ETC.: SUPPLEMENT. 
 
 3 — " Acquiescence " (effect of) of a cestui in a breach of trust. 
 
 1. Cestui (rights of a tree who commits a breach of trust at the instigation 
 of his) : — 
 
 1. Indemnification (a general right to) from scl cestui. 
 
 2. Lie7i (a) to extent of ti-ee's loss, or share of sd cestui. 
 
 2. Requisites (the essential) therefor: — 
 
 1. Adult: it must be shewn that the cestui was sui juris. 
 
 2. Influence (that no undue) was exercised over him. 
 
 3. Knoivledge (that he had full) of the (1) facts, and (2) legal effect 
 of his accjuiescence therein. 
 
 3. Tree (rights of a) who commits a breach, &c. : — vide sub-par. 1. 
 
 4. Woman (circumstances under which a married) is bound thereby : — 
 
 1. Separate (if the property is to her) Mse, either by (a) settlement, 
 or (b) statute. 
 
 2. Unrestrained (provided she is) from anticii^ating. 
 
 4 — Agent (liability of an) vjho (a) acts for, and (b) under the direction of 
 a tree, in effectuating a breach of trust. 
 
 1. Accountable (he is) to his principal only, tmless he derives a 
 personal benefit from such breach. 
 
 2. Banher (if a) is instructed by a tree to (a) sell out some trust- 
 stock, (b) he sells, and (c) remits to tree (though he suspects a 
 misappln of the proceeds), he is unaccountable to the cesttd. 
 
 5 — Anticipation (legal effect of a restraint on) : — 
 
 1. Cases (2) wherein sd restraint is imposable on the grounds of public 
 policy : — 
 
 1, (1) Pensions, and (2) saZan'es, payable in connection wdth duties 
 are unassignable. 
 
 2. Removable (case ivherein sd restraint is) : — vide sub-par. 3. 
 
 3. Woman (on a married) during coverture (Tullett v. Armstrong, 
 White and Tudor's L. C, 1 Beav. 1), on cessation of which it is extin- 
 (j-uished, but, notwithstanding such restraint, the Ct may, with her 
 consent, under Conv. Act, '81, s. 39), if it thinks fit, where it appears 
 to Ct to be for her benefit, bind her interest in the ppty by (1) 
 judgment, or (2) order. 
 
 () — " Appointees" as trustees, in the following cases, viz: — 
 
 1. Constructive (in a) trust: — (1) the holder of the legal estate is the 
 natural trustee, and (2) it is a general rule that equity will, when a 
 trust is existing, (a) always follow such este, and (6) decree exon of 
 the trust by him, i.e., unll never allow latter to fail for want of a tree 
 (vide p. 407, par. 55 (1-3). 
 
 I
 
 TRUSTEESHIPS, ETC. : SUPPLEMENT. 489 
 
 2. Express (an) tritst : — in the (.'reation thereof, trees on whom the duties, 
 responsil>ilities, and rights devolve are invariably nominated. by the 
 settlor or testor. 
 
 3. Implied (an) trust: — vide suh-par. 1. 
 
 4. Legal (holder of the) estate: — vide sub-par. 1. 
 
 7 — Appointment (the) of neiv trustees: — (1) hoio, and (2) vjhen apptable, 
 vide pp. 353-5, pars. 1-4 incl, and ss. 10, 25, and 47 of " Trustee 
 Act, '93." 
 
 8 — Assignment (mode of), &c., of the estate or interest of a cestui: — it can 
 always be freely (1) assigned by wi'iting, or (2) bequeathed, or (3) 
 devised, unless she is a married woman restrained from anticipation. 
 
 9a — Assistance (the 4 several modes whereby the Court's) is obtainable by n 
 tree, to determine questions arising during his treeship : — 
 
 1. Action (by an) for the (a) admon, or (b) carrying out of the 
 trust ; this is ai^plicable to any case that may arise. 
 
 2. Payment into Ct under " Trtistee Belief Acts, (1) '47" (10/11 V., 
 c. 9&), and (2) '49 (12-13 V., c. 7), of a particular sum of money, 
 where a doubt of construction exists as to who was entitled thereto. 
 
 3. Petition (by a), for the Ct's advice and opinion (under (22/3 V., 
 c. 35), as to questions touching the management of the trust-ppty, 
 e.g., propriety of investment. 
 
 4. Summons (by an originating) under Order LV., r. 3 : — this applies, 
 practically, to all questions in a trust not involving the necessity of 
 a general admon. 
 
 10 — Bankruptcy (effect of a tree's) in the following cases, viz. : — 
 
 1. Breaches (any (a) debt or (b) liability incurred by fraudulent) of 
 trust to which he was a party : — his responsibility therefor is 
 unaffected by an order for his discharge (B. A. '83, s. 30). 
 
 2. Estate (upon the trust) : — it does not jjass to his bktcy-tree (1) 
 B. A. '83, S.44; (2) (a) p. 356 (6), and (b) 392-3 (18rt. c. and 20a. 
 
 3. Status (his) as a tree : — he is unfit to act, and either of the following 
 alternative courses may be adopted to remove him from his 
 treeship, viz. : — 
 
 1. Trustee Act, '93, ss. 10, 25, and 47 (vide also par. 7) : — a new tree 
 may be apptd thereunder in his place, or 
 
 2. Couit (the) would, on ground of his unfitness, appt a new 
 tree((l) Be Adams Trusts, 12 Ch. Div. 634; (2 B. A. '83, s. 147).) 
 
 11 — Bastard (devolution of the following jipties on the death of a) bachelor 
 intestate : — e.vcept as to No. 2. 
 1. Freeholds, held in trust for him: — the beneficial interest thrin
 
 440 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 
 
 " escheats " oi' will go to the Crown, under s. 4 of 47 8 V., c. 71 
 (" Intestates' Estates Aet, '84 "). 
 
 2. Freeholds ivhereof he is a sole tree, devised by him to ^j.9 tvho are not his 
 exors : — will, notwithstaniling-, pass (under " Con v. Aet, '81," s. 30), 
 to his legal personal repre. 
 
 3. Personalty held in trust for him -. — would always have gone to the 
 Crown as " bona vacantia." 
 
 N.B. Trustee (a) of ppty never benefits by the death of his (1) bachelor, 
 (2) bastard, and (3) intestate cestui. 
 12 — Business (^creditors' (a) remedies, and (b) rights in relation to testo/s) : — 
 
 1. Case (illustrative) : — 
 
 1. Bequest bv C. D. of his pslty, in trust for infants; 
 
 2. Direction (with a) to carry on his business with (1) the capita' 
 embarked or involved therein at his death, and (2) any further 
 capital required to be provided out of his estate — 
 
 3. Trustee continues hisiness in his oivn name, as " Trustee for C. D. 
 deceased." 
 
 4. Debts (he incurs) in carrying it on 
 
 2. Indemnity (reason why sd tree is entitled to an) : — because the sd 
 will authorises bim to carry on business 1o the estate's full extent. 
 
 3. Bemedy {double) of the testator s creditors: — 
 
 1. Estate (agst so much of tes-tor's capital or) as {a) was, or {b) has 
 since been embarked as af sd. 
 
 2. Trustee (against the) pei'sonally. 
 
 3. Triistee's (they are entitled to (a) stand in thej shoes, and (b) 
 claim agst the estate direct. 
 
 12a — Business, vide par. 12 for the remedies for recovery of the price 
 of goods supplied to trees for trade-purposes, where a merchant, 
 by wl, (1) vests his estate in tiees, upon trust for his {a) wife, 
 and (b) children successively, and (2) directs them to carry on his 
 business for the benefit of his este, 
 
 lo — Cestui ( (a) relief obtainable by a co-), injured by a trustee's breach 
 of trust, and (b) rights agst the following parties, viz. : — 
 
 1. Cestui {another), tvho has conciirred therein : — 
 
 1. Compensation : — latter's equitable interest may be stopped 
 until the total loss to the general triist estate has been com- 
 pensated for. 
 
 2. Indemnification out of latter's remaining interest. 
 
 3. Personally (latter is also) liahle to injured cestui. 
 
 2. Third (a) party {as assignee or transferee of, u-ho has (a) not acquired
 
 TRUSTEESHIPS, ETC.: — SUPPLEMENT, 441 
 
 trud 2)j^)ty (1) bond fide for value, and (/>) ikA ohtained the leyal 
 estate) : — 
 
 1. Followiiuj (by cestui) of pptj into his hands, if distinguishabk". 
 
 2. Trustee (he will be a mere) thereof for injured cestui. 
 
 2a. Trustee's {effect of a) representation that the trust ppty was his 
 oivn : — 
 
 1. Charge (an equitable) is thereby created in favour of A. 
 
 2. (1) Cancellation, and (2) delivery U2) of the security : — the injured 
 cestui is entitled thereto. 
 
 3. Trustee (a (juilty) : — double remedy of cestui: — 
 
 1. Folio win (J {by cestui), of trust ppty as afsd, until lost by the 
 countervailing equity of a (1) bond fide pchr for value, (2) clothed 
 with the legal este. 
 
 2, Personally (the guilty trustee is also) liable ; he is not protected 
 by the Statutes of Limitation. 
 
 4. Trustee {an innocent co-), ivho has conduced to such breach: — 
 
 1. Liable (he is personally) therefor, bvit 
 
 2. Indemnification (is entitled to) from his guilty co-tree. 
 15a — Classification {alternative) of trusts : — {vide p. S82, par. 28b). 
 
 1. Cases {there are several) of trusts raised by circumstaiices, and not 
 by express words, which are sometimes classified as (1) constructive, 
 and sometimes as (2) implied trusts. 
 
 2. Confusion (2 illustrative cases, explanatory of the) frequently existing 
 between {a) constructive, and {b) implied trusts. 
 
 1. Lien (« vtndor's) for his unpaid purchase money on sale of an 
 estate without " cash down." 
 
 2. Waste {equitable) : — vide par. 17a (1). 
 
 16 — Construction {a wide (1) difference of; or (2) distinction between the) 
 placed upon trusts (a) executed, and (b) executory respectively. 
 
 1. Effect {its) : — the true meaning of the maxim specified in sub- 
 par. 3 (2) is thereby properly illustrated {Lord Glenorchy v. 
 Bosville) . 
 
 2. Executed {a trust) is construed strictly as similar legal limitations 
 would be construed at law. 
 
 2a. Reasons (2) for such a strict construction : — 
 
 1. Analogous (sd trust is) to a legal limitation. 
 
 2. Equity follows the law. 
 
 3. Executory {a trust) : — 
 
 1. Departiire {equity's) from the strict construction thereof: — altho', 
 primarily, it follows the law, yet it will, when necessary, (a) depart
 
 442 TRUSTEESHIPS, ETC.: — SUPPLEMENT. 
 
 from strict construction, and (b) place thereon one more conso- 
 nant with the parties' true meaning, 
 
 2. Equifij (primarily) follows the law: — vide sub-pars. 1 and 
 2a (1). 
 
 3. Intention (after arrival at the) of the creator thereof, the con- 
 struction will be such as will effectuate same. 
 
 4. (1) Marriage (reasons why a material distinction frequently arises 
 between a trust executory arising in) articles, and (2) a will 
 resply : — 
 
 1. Articles (in marriage) : — the intentio?i in arrived at from their (1) 
 very nature, and (2) well-known design, i.e., to benefit the issue 
 of the mge, so that, though the limon is to the (a) husband and 
 (b) hrs of his body, yet he will always take a life estate only. 
 
 2. Will (in a) : — the intention is only inferrible from the exact 
 words used, and in case of the sd limon (though by trust 
 executory), the husband would take an estate tail, unless an 
 intention could be gathered from the context that he was to take 
 a life estate only. 
 
 5. Will (in a) : — vide sub-par. 4 (2). 
 
 17 — (1) Constructive (reasons ivhy a vendor's lien for his unpaid purchase 
 money may be correctly styled either a), or (2) an implied trust. 
 
 1. Injustice (because it would be an) to deprive him of all (1) control 
 over, or (2) interest in the ppty sold until payment of his pchse 
 money, and viewed in this light there is a trust raised by construction 
 of equity, &c. (vide par. 30, ante) . 
 
 2. Intention (vendor' s fairly presumable^ : — he could not have intended 
 to part with the sd control, &c., consequently, an implied trust is 
 raised, i.e., &g. (vide p. 407 (56). 
 
 17a — (1) Constructive (reasons why a grant to (a) A. for life, tvithout 
 impeachment of waste (sine impetitione vasti), (b) with remainder to 
 B. in fee, may be correctly styled either a) , or (2) implied trust. 
 
 1, Equitable (definition of) waste: — excessive and gross acts of waste, 
 e.g., 
 
 1. Mansion (the family) house: — pulling down same, or 
 
 2. Timber (ornamental) : — cutting down same (Garth v. Cotton, 1 
 White, &c., 751). 
 
 2. Grounds (equitable) therefor : — 
 
 1. Remainderman s (protectioii of) estate: — life tenant must, there- 
 fore, be forbidden to commit acts tending to utterly (1) destroy 
 and (2) devastate it.
 
 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 443 
 
 'S. Intention {settlor s) : — viewed in this light, it is correctly styled ;iu 
 implied trust for sd remainderman's l)enefit. 
 
 4. (1) Justice, and (2) right: — viewed, &c., a constructive trust. 
 
 5. E.g. : — sd lien (Mackrefh v. Symons, " Leading Eq. Cases," 355). 
 
 6. Enforcement (vendor's) of the said trust : — 
 
 1, Everybody (he could enforce and uphold it against), exeL'i)t as 
 hei'einafter mentioned in sub-par. 8. 
 
 7. Implied (reasons why sd lien may be correctly styled either (a) a 
 constructive, or (b) an) trust : — vide sub-par. 2. 
 
 S. Nugatory (case u herein sd vendor's lienis) and not enforceable against 
 a pclir under the following circumstances : — 
 
 1. Estate (the legal) in the property: — where he is clothed there- 
 with, without notice, etc. (vide sub-par. 3). 
 
 2. Faith (good) : — where he is a bond fide pchr. 
 
 3. Ignorance (his) of non-payment of pche money. 
 
 4. Valuable conson : — payment thereof by him. 
 
 N.B. — Maxim applicable thereto : — where the equities are equal the law 
 shall prevail. 
 
 9. Reason therefor : — view the case in whichever way you like, whether 
 
 as to what (1) ought in justice to be, or (2) was intended, the 
 only conclusion that can be evolved is that the party is a trustee. 
 
 10. " Trusteeship " created : — where A, (1) sells his ppty to, but (2) 
 does not obtain his pchse-money therefor froiii B. : — B. holds 
 simply as a tree for A. to extent of the unpd conson. 
 
 18 — " Conversion " (equitable) : — vide also ante, pp. 191-6 incl. 
 
 1. Conversion (cases wherein there is an acttial) "out and out": — in 
 sales under the (1) Lauds Clauses Consolidation (8/9 V., c. 18, s. 76), 
 and (2) Partition Acts (31/2 V., c. 40, s. 8) resply, of the parties 
 are sui juris. 
 
 2. Declaration (a) in (a) a deed, or (b) ivill "that (1) ^js//// shall be 
 descendible or transmissible as realty, or (2) vice versa." 
 
 1. Effectual (when) : — if it amounts to a declaration that the (1) 
 personalty shall be converted into realty, or (2) vice versa. 
 
 2. Effectuated (how the object may always be) : — by an express declai'a- 
 tion that, &c. {vide sub-par. 1). 
 
 3. Will (^reason why it is necessarily easier to find sd declon in a) 
 than a deed : — because testor's intention governs construction of 
 his wl. 
 
 3. Definition thereof: — that change in the nature of ppty whereby, 
 for certain purposes, (1) pslty is considered as realty, and (2)
 
 444 TRUSTEESHIPS, ETC. : SCPPLEMENT. 
 
 realty as pslty ( (a) descendible or transmissible, and (h) divisible 
 as such. 
 3(7, (1) Descent and [2) devolution : — Illustrative case, showing hoiv a 
 testers (a) heir-at-law, and (b) statutory next of kin ivould take laider 
 special circumstances : — 
 
 1. Tester (1) directs (a) conversion of his pslty and realty 
 into money, and (b) a division of proceeds between A.. B., & 
 C, and (2) leaves D. his heir, and D. and F. his statutory next 
 of kin. 
 
 2. A. pre-deceases the testator. 
 
 3. D. survives testor, and dies intestate, leaving: H. his hr., and J. 
 his sole next of kin. 
 
 4. Conversion (when the) is sujjjjosed to take ijloce : — at tester's death. 
 
 0. A.'s (result as to) share : — it will lapse. 
 
 6. A.^s (devolution of ) lapsed share of jjsliij : — it will (1) go to, and 
 (2) be equally divisible between D. and F. (Ackroyd v. Smith- 
 son, vide J). 374, par. 1). 
 
 7. A.^s (devolution of) lapsed share, so far as it consists of proceeds of 
 rtalty : — it will devolve upon D. 
 
 8. D.'s (devolution of A.'s lapsed share on) death intestate : — it will 
 pass to J., as legal personal repre of D. (tester's heu-). 
 
 9. Cnnecessary (event whereon a conversion vsould be) : — if A., B , and 
 C. had pre-deced testor. 
 
 !<•. Personalty (devolution of) in latter event : — vide sub-par. 6. 
 11. Realty (descent of ) in latter evttit : — to D. (tester's heir). 
 11a. Realty (descent of) on D.'s death intestate : — to H. (his heir). 
 
 4. Direction (effect of an express) to a tree for conversion of ppty: — 
 
 1. (1) Purchase (if trees are directed to invest certain money in the) 
 of land, or (2) to sell certain land, and (3) in either case to stand 
 possessed of such (a) land or (6) proceeds of sale for a ces/?<i', .?f/ 
 directions must be carried out as soon as practicable. 
 
 2. "Transformation" even before actual conversion thereof : — the 
 nature of the ppty is deemed to be changed, upon the pple that 
 equity looks upon that as done which ought to be done. 
 
 5. "■ Efiuity, like nature, will do nothing in vain " (per Lord Cowper, in 
 Seeley v. lago, 1 P. Wms. 389). 
 
 <>. Infants (statutory provn if the parties entitled are) : — 
 
 1. Investment : — that the purchase money shall be re-invested in the 
 pchse of land, and former is, therefore, in contemplation of equity 
 still land (vide sub-par. 1 for Acts).
 
 TRUSTEESHIPS, ETC.: — SUPI'LEMENT. 445 
 
 7. Lunatic {statutory provn if the pn entitled is a) : — vide sub-par. (3. 
 
 1. Interest (the Ct looks solely to his), regardless of reuiaiiidfriueii 
 entitled upon his decease. 
 
 2. Property {how his) is taken, inhere cvii thereof is made : — according 
 to the actual state wherein they find it. 
 
 8. " Out {an actual conversion) and out^' : — vide sub-par 1. 
 
 9. Particular {where a cvn is directed not " 07it and out," but only for 
 the accomplishment of a) object or purpose, which latter does not 
 exhaust all the fund, surplus will be transmissible as if unconverted. 
 
 9a. E.(j. (1) Direction to sell Blackaore (which realises 20,000?.), for 
 Ijayment of del.ts (14,000/.). (2) Balance (6000/.) will go to 
 testor's heir-at-law, in whose hands it will forthwith be pslty, as if 
 only retains its quality of realty for purpose of devolution to him 
 {Ackroydx. Smithson, 1 Bro. C. C. 503 ; 1 White A: T. L. Eq. C). 
 19 — (1) Costs {rides applicable to a tree's), (2) charges, and (3) expeuiic 
 respectively in the following actions, viz., 
 
 1. Appeal (5 cases only wherein an) for costs will lie : — 
 
 1. Deprivation {tree's) of his costs by an order {vide sub-par. 3.) 
 
 2. Leave (wher^ Ct below grants) to appeal at hearing. 
 
 3. Opinion {an expression of) : — where an order is prefaced thereby. 
 
 4. (1) Practice {a (piestion of) or (2) principle: — where same is 
 involved in an order as to costs. 
 
 2. Cestui {between) and tree : — the general rule is that a tree shall 
 have his costs (with charges and exps jjroperly incurred), awarded 
 to him at the hearing {usually as betn solr and client) either pay- 
 able («) by his cestui, or (b) out of the trust este. 
 
 3. Condemnation {a tree's) in all costs usually occurs in the followinij 
 cases, viz : 
 
 1. Breach {his) of trust : — where pegs have been occasioned thereby. 
 
 2. Continuance {his unreasonable) of proceedings. 
 
 3. Default {his) : — where pegs have been occasioned thereby. 
 
 4. Institution {his unreasonable) of proceedings, 
 
 5. Misconduct {his) : — where pegs have been occasioned thereby. 
 ^. Neglect {his) : — where pegs have been occasioned thereby. 
 7. Resistance {his unreasonable) of proceedings. 
 
 4. (1) Deprivation {trees usual) of his costs, and (2) Condemnation, &c. : 
 — vide sid)-par. 3. 
 
 5. (1) Strangers and (2) trees : — tree stands in the same position as 
 an ordinary litigant, because a drd person is unaffected by his 
 tree ship.
 
 446 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 
 
 20 — Creditors (effect of a drs cyce to trees upon trust to pay his) : — 
 
 1. Crs (the exou of the trust arising thereunder is 7iot enforceable by 
 the). 
 
 2. Forbearance (it is doubtful (in the event hereinafter specified in 
 sub-par. 3 (2), whether it is necessary that (a) the crs, or (b) some 
 of them, should have been thereby induced to a) for, in I'espect, or on 
 acct of their claims, which they would not otherwise have 
 exercised or not. 
 
 'S. Execution {circumstances, under tvhich the trees can insist on) of the 
 trust agst an involuntary dr (Garrard v. Latiderdale, 3 Sim. 1). 
 
 1. Communication (in case of) of the cyce to such crs. 
 
 2. (1) Communication (in case of) of such cyce to, and (2) no 
 dissent thereto by a cr-tree or cr-trees (Siggers v. Evans, 5 Ell. <fc 
 B. 367). 
 
 4. Trustees " qualified j^owers " thereunder : — vide sub-pars. 2-3. 
 21 — Creditors (statutory advt for, or notice to) under 22/3 F., c. 35 (vide 
 pp. 230-3, pars. 1-16 incl.) 
 
 1. Contribution (a Joint right of) amongst the residuary legatees 
 exists where an unsatisfied cr follows the assets into their hands. 
 
 2. Following assets into beneficiaries' hands: — vide (1) ]). 231 (6), 
 and (2) par. 30. 
 
 3. Neglect (effect ofexors) to adveiiise : — they would be personally liable. 
 
 4. Protection thereby afforded to exors personally : — said advts, except 
 as hereinafter mentd in sub-par. 5. 
 
 5. Protection (case ivherein sd) is not afforded: — where exors had 
 notice of their testor's liability prior to subsequent final distribution 
 of his residuary este. 
 
 6. Remedy (Crs) : — by action, agst residuary legatees, either (a) sepa- 
 rately, or (b) together. 
 
 22 — Criminal (a tree's statutory) liability (for ^^misappropriation" of 
 trust funds), under 24 5 V., c. 96, s. 78 : — (vide p. 383, par. 34c). 
 
 1. Misappropriation, &c. : — if a tree, with intent to defraud, (1) appro- 
 priates or (2) converts the trust ppty to (a) his oyro. use, or (b) that 
 of any pn other than the proper cestui, or (3) destroys, or (4) disposes 
 of it, he is guilty of a 
 
 2. Misdemeanor, punishable by penal servitvide up to 7 yrs. 
 
 3. Punishment (statutory) therefor : — vide sub-par. 2. 
 
 4. Sanctio7i (statutory) required to a prosec^dion: — Atty-GeneraVs. 
 
 -5. Sanction, dec, thereto after the issue of a writ of summons against 
 fiuch tree: — sanction of H) Ct. or ^2) iurlge in such civil pegs.
 
 TRUSTEESHIPS, ETC. : SUPPLEMENT. 447 
 
 22« — Cy-prcs {doctrine of), as applied to charitable trusts : — 3 cases where- 
 in gifts were applied cy-pres. 
 
 1. Attorney-General v. Glynn, 12 Sim. 84: — 
 
 1. School (a) was founded for education of poor in a certain 
 district. 
 
 2. School (sd) was afterwards converted (by a local statutt.') into a 
 dock, whereby the object failed. 
 
 2. Attorney-General v. Whitchurch, 3 Vesey, 144 : — where a charitable 
 intention cannot be executed literally, it will be executed by the ct 
 as nearly as possible, so that if the mode becomes imjjossible, the 
 general intention shall not, if consistent with law, be defeated. 
 
 3. Clarke (re), 1 Ch Dn, 497 : — where a charity, to which a bequest 
 was made, became non-existent after testor's death. 
 
 4. (1) Hewitfs (re) Estate, 53 L. J., Ch Dn 132 ; and (2) Jarnmn (re), 
 47 ib., 675 : — void (gift is) for uncertainty : — a gift by will to 
 trustees for such (a) charitable, or (b) public purj>oses as they 
 should, in their discretion, ajjprove of. 
 
 Reasons (2) therefor : — (1) as the word "public " does not come 
 within 43 Eliz. c. 4, the gift is not, therefore, confined to a charity 
 in the strict legal meaning thereof. 
 (2) : — Similar gifts for benevolent, charitable, or hospitable j)ur- 
 poses have been held bad, as not falling within the spirit of the 
 sd Act. 
 23 — Declaration (essential statutory requisites to the validity of an 
 express) of trust (vide also p. 400, par. 34c.) 
 
 1. Expression (2 modes of) of desire to create an express trust : — 
 
 1. Intention (in some way that the creator's) is fairly collectible, or 
 
 2. Words (an expression of his desire ui definite). 
 
 2. Reference (effect of) therein to another unsigned explanatory docu- 
 ment (showing the meaning of the creator of the trust) : — latter's 
 practical incorporation in former makes it sufficient. 
 
 3. " Signatory " thereto : — beneficial owner of the property. 
 
 4. Writing (some) is required by 29 Car. 2, c. 3, s. 8. 
 
 23a — Delegation (a tree's) of his power: — general rules thereon (vide also 
 pp. 401-3, pars. 38, 38«, 39.) 
 
 1. Allowable (2 cases wherein the same is), viz. : — 
 
 1. Business-like: — where it is done in the (1) ordinary, and (2) 
 proper course of business, or 
 
 2. Necessitate (ex) : — where a moral necessity therefor exists. 
 
 2. De/egafes (they themselves are simply), therefore,
 
 448 TRUSTEESHIPS, ETC. : SUPPLEMENT. 
 
 3. Forbidden (it is absolutely) . 
 
 4. Maxim thereon : — " Delegattis non potest delegare^ 
 
 24 — (1) Duties {upon ichat a tree's), (2) imwers, and (3) responsibilities 
 depend : — naturally, to a certain extent, on the provisions of the trust- 
 instrument, but independent of that, their special attention must be 
 directed to the followinof important and well-known positions and rules, 
 materially affecting their (1) obligations, (2) remedies, and (3) rights 
 I'esply in relation to the trust : — 
 
 1. Acceptance of trust : — having once accepted the treeship, he must 
 (rt) carry out its duties, &c. {vide p. 890, par. 1 (1-4), and {h) 
 camiot retire, except, &c. {vide pp. 364-5, ^mr. 29 (1-5). 
 
 2. Appointment of new trustees : — vide par. 7. 
 
 3. Death (statutory devolution of trust ppty on a tree's) : — p. 403, par. 
 40a. 
 
 4. Disclaimer (a) of the treeship by him, when he is 1st apptd, is 
 legal, but having once accepted, &c. {vide jjp. 403-4, pars. 43-4). 
 
 5. Receipts, &c. : — a tree his now full statutoiy power to (1) receive, 
 and (2) give proper rects for all (a) ppty of every description, and 
 (b) trust moneys (Conv. Act, '81, s. 30). Vide also pp. 387-8, pars. 
 85a, 86, 86a, and 866. 
 
 6. Retirement (circumstances under which his) is justifiable : — vide 
 pp. 364-5, par. 29 (1-5). 
 
 25 — Examples of the following trusts, viz. : — 
 
 1. Constructive (a) trust : — any j^rofit made by a tree out of his 
 treeship {Keech v. Sandford, p. 379, par. 4). 
 
 2. Discretionary {a) trust : — gift of £2000 to A.'s children in su< h 
 shares as A. shall appoint. 
 
 3. Executed {an) trust : — a limou (finally and fully declared by and) 
 in (a) a marriage settlement, or (&) other instrument creating it. 
 
 4. Executory {an) trust : — a limon (or simple {a) direction, or (6) indi- 
 cation of the trust intended), contemplating another instrument to 
 effectuate it, e.g., a limon in marriage articles {Lord Glenorchy v. 
 Bosville, 1 White, <fec., L. C. 1). 
 
 5. Express {an) trust : — a gift of ppty to trees, upon tri;st to pay the 
 income thereof to (1) A. for life, (2) with remainder to B. absolutely. 
 
 6. Fiduciary {a trust embracing a) position or relation : — a gift of pro- 
 perty to A., appHcable in a certain specified mode. 
 
 6a. Fiduciary {a trusteeship without a) position, &c. : — sui^dvor of 2 
 partners {vide the late Lord Westbury's observations in Knox v. 
 Gye, L. E., 5 H. L. 656 75).
 
 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 44,9 
 
 7. Implication (a trust hij) of law : — where a tree makes a [»rutit out of 
 his trust (Keech v. Saticlford, p. 379, par. 4). 
 
 8. Implied (an) trust: — a pchse of pi)ty in a stranger's name; reason 
 there/or : — because a trust is here raised for the payer of the pchse- 
 
 money (Dyer v. D., pp. 377-8, par. 1). 
 
 9. Precatory{a) trust : — a gift of o£2000 to B., " hoping, however, that 
 he will give dfiSOO to C." (Harding v. Glynn). 
 
 10. Resulting (a) trust:— (1) one for A. (deced), who, therefore, 
 cannot take, or (2) for any other reason, u-hereupon the ppty, results 
 bach to creator of trust. 
 
 lOrt. Resulting (a) trust : — vide " Secret trust,'' par. 49, sub-pars. Sb, d-c. 
 106. Resulting (another) trust: — a devise of lands to trees for jtaymeut 
 
 of debts, which do not exhaust same (Achroyd v. Smithsoii, p. 374, 
 
 par. 1). 
 10c. Secret (a) trust, affecting (a) devisee, or (b) legatee resi>ectivelv : 
 
 — vide par. 49, sub-pars. 1 to 6 incl. 
 
 11. Void (a trust) for '" remoteness " : — one exceeding the rule agst 
 perpetuities (vide par. " Accumulations, &c.," pp. 390, and 436-7). 
 
 11a. Void (a trust) for " uticetiainty " : — devise by A. of a house to 
 B., expressing a wish that C. should live with B. C. is " trustless." 
 26 — '^Executor de son tort " (one of his own wrong). 
 
 1. Discharge (cases wherein his) is available against a legal exor's action. 
 His lawful acts are good, e.g., as where he (1) receives, and (2) gives 
 a discharge for, and, (3) before action, hands over the assets to the 
 latter (Hill v. Curtis, L. Eep. 1 Eq. 90). 
 
 2. Liability (his) — a person makes himself liable as an exor de sou tort 
 by the following acts: — 
 
 1. Advertising for crs to send in their claims, &c., and 
 
 2. Advertising for drs to -pa,y debts due to testor's estate to A. and ii. 
 (his exors in trust) (Long v. Symes, 3 Hag. 771). 
 
 3. "Intermeddling" — when he, not appointed exor, intermeddles in 
 that character, so as to exceed mere acts or oflSces of (1) charitv, 
 or (2) kindness. 
 
 27 — Express (the division of) trusts into: — 
 
 1. Classes (2) : — (1) private, and (2) public or charitable trusts. 
 
 2. Object (its main) : — for particularisation of the special points 
 wherein the court favours the latter. 
 
 3. Point (the great central) in connection therewith : — the speciallv 
 favourable eye wherewith the Ct views a charitable body. 
 
 4. Points (3) of special favour wherewith, ^^-c. : — vide jq). '395-6, par. 27b. 
 
 G Q
 
 450 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 
 
 5. Rifles (uniformity of all general) as to trusts : — they are the same 
 {suhject as stated i/i suh-par. 3), whether cestui he (1) a charitable 
 body, or (2) private individual. 
 29 — (a) " Fiduciary position or relation :" and (b) "Trusteeship)" — the 
 
 difference between the 2 expressions. 
 
 1. Co-extensive (they most usually are, but not always), for the reasons 
 stated in suit-par. 3. 
 
 2. Co-extensive (when they are) : — where there is an express trust to 
 perform. 
 
 3. Co-extensive (cases wherein they are not) : — 
 
 1. Constructive (cases wherein a person is (1) merely a) tree, (2) 
 without filling any expressly fiduciary character. 
 
 2. (1) Duties (his), and (2) obligations therein, unlike the case of 
 an express " fiduciary," are matters of quasi-contract, and he is 
 exempt from many of the equitable rules annexed to the latter 
 position. 
 
 30 — " Following the assets or trust estate " : — 
 
 1. Allowable (2 conditions upon which it is always) : — 
 
 1. Identification (it must be capable of). 
 
 2. Purchaser (it must 7iot have been acquired by, or got into the 
 hands of a (1) boyid fide), (2) clothed with the legal este, (3) 
 mthout notice, and (4) for value. 
 
 2. Definition thereof: — (1) claiming, (2) attaching, and (3) regaining 
 sd assets, &c., in the hands of the assignee or transferee thereof. 
 
 3. Forbidden (2 cases wherein siich "following" is) : — 
 
 1. Negotiable (the holder of a) instrument in due course. 
 
 2. Purchaser (a bond fide), &c. : — vide sub-par. 1 (2). 
 
 4. Holder (assets can be followed into the hands of every) thereof. 
 
 31 — Imprisonment (a trustee may, notwithstanding the general abolition 
 
 of) for debt, still be imprisoned for a debt (a) consequent upon, or 
 
 (b) incurred by reason of a breach of trust ((1) 32-3 V. c. 62, s. 4, 
 
 and (2) 41-2 V. c. 54). 
 32 — Indemnify (a. tree who, qua tree, has iucun'ed a legal liability, 
 
 may call upon his cestui to) him agst it, before any actual loss is 
 
 sustained. 
 32a — Indemnity (a tree cannot, however, call for the sd) in respect of a 
 
 liability voluntarily assumed by him, without the knowledge of his cestui. 
 33 — (1) Indemnity and (2) reimbui'sement clause, formerly inserted, for 
 
 a tree's protection, in trust instruments (vide (a) p. 384 (566) and (b) 
 
 408 (56b).
 
 TRUSTEESHIPS, ETC. : SUPPLEMENT, 451 
 
 1. InipVuil, hi/ statute, in every trust instrument : — notwithstanding the 
 reasons hereinafter stated in sub-par. 1, 22/3 V, c. 35, s. 31, provd, 
 that every trust instrument should l)e deemed to contain sd chiuse 
 — {vide now p. 425, par. 95c, sub-par. 4). 
 
 2. Valueless (reasons why it is) : — 
 
 1. Breaches of trust -. — because it did not, in its ordinary form, jtro- 
 tect him therefrom. 
 
 2. Disbursements : — because he was, without it, entitle<l to l»e 
 recouped all proper payments out of pocket. 
 
 34 — Infancy (tree's statutory discretionary, but now qualified power, during) 
 of a cestui, to apply income for his (a) benefit, and (b) maintenance : — 
 vide, p. 384, par. 56c. 
 
 1. AUoived (when) : — where a legacy is given to an infant contingently 
 on (a) his attg 21 (b) whereupon the past income would be payable 
 to him. 
 
 2. Applicable (when income is) under the provn nientd in sub-par. 4. 
 for sd infant's benefit, but not otherwise : — where same will go along 
 with, if and when the corpus vests. 
 
 3. Forbidden (when sd, appln is absolutely), notwithstanding the provn 
 hereinafter mentd in sub-par. 4: — where a legacy is (1) given to an 
 infant contingently on, and (2) in no event accruing before attg 21, 
 can he under the instrument be entitled to the income (Re Dickson ; 
 Hill v. Grant, 28 Ch. Da. 291 ; 54 L. J. Ch. 212 ; afiirmed on 
 appeal, 29 Ch. Dn. 330). 
 
 3a. Forbidden {when sd appln is not) : — vide sub-par. 1. 
 
 4. Statute : — the " Conveyancing Act, '81," s. 43, provides that when 
 any ppty is held by trees for any infant, either (1) absolutely, or 
 (2) contingently on his attg 21, they may (in their discretion) 
 apply the incomi:" thereof for his maintenance : — but vide snb-pars. 1, 
 2, a7id 3. 
 
 5. Vested (how sd. power is often) in trees : — either by (1) sd Act, or 
 the (2) trust-instrument. 
 
 37 — Langxiage required for the creation of an express trust (vide p. 400, 
 Ud.) :— 
 
 1. Language (any) is sufficient, from which the settlor's intention to 
 create a trust is clear, provided, &c. (vide sub-2)ar 2). 
 
 2. Requisites (2 essential) : — the (1) subject-matter thereof, and (2) 
 its destination must be clearly indicated. 
 
 3. Technical (no) expressions are required therefor. 
 
 'S7a — Legal {immediate getting in of an outstanding) estate iti land: — 
 
 o G 2
 
 4-52 TRUSTEESHIPS, ETC. : SUPPLEMENT, 
 
 1. Facilitation thereof hy obtaining a tree's appt by the Cf : — by means 
 of an order by Ct vesting it in him. 
 
 2. Heir (a tree's) : — the legal este cannot now be left outstanding in 
 him in case of tree's death on or after 1st Jan. '82, because, in all 
 caMs, trnst jjpty goes to his personal repre (Conv. Act, '81, s. 30). 
 
 3. Order (2 alternative forms of) which may be made therefor: — 
 
 1. Appt (the) of some person to execute (1) an assignment, or (2) 
 conveyance in the tree's place (" Headhans Act," 13-li V., c. 60, 
 s. 20). 
 
 2, " Vesting (a) order " by the Ct, vesting the ppty in some person 
 (vide p. 344, Nos. 83rt to 38 incl). 
 
 4. Proceeding (initial) therefor : — an appln to the Chancery Dn under 
 
 " Headlam's Trustee Act, '50 " (13/14 V., c. 60), which has, how- 
 ever, been repealed (to the extent specified on p. 343, No. 7, col. 6), 
 by the " Trustee Act, '93." 
 
 5. Statute regulating same : — vide sub-par. 4. 
 
 88 — Liabilities (a tree's (a) civil, and (b) criminal) respectively, for a 
 fraudulent breach of trust, in the following events, viz. : — 
 
 1. Bankruptcy (his) :—vide (1) p. 340, No. 6; (2) 381, Nos. 18«, 18b, 
 18c, 19, and 20. 
 
 2. (1) Conversion (his vn-ongful), and (2) misappropriation of trust 
 ppty, with intent to defraud: — vide par. 22. 
 
 3. Criminal (his) liability : — vide par. 22. 
 
 4. Imprisonment for debt, &c. : — vide par. 31. 
 
 5. Misappropriation (his ivrongful), &c. : — vide siih-par. 2. 
 38a — Liabilities (the general) uf a trustee. 
 
 1. Co-tree ((a) breaches of trust, and (b) defardts of his): — he may 
 frec}uently be held liable therefor. 
 
 la. Co-tree (ride as to his liability for sd breaches, &c., of his) : — he is 
 liable, if he has, in any way, conduced thereto, e.g., by (1) handing 
 over to, or (2) permitting former to (a) receive, and (b) retain 
 trust money. 
 
 16. Co-tree, &c. (excepAion to sd rule) : — where he (1) resides at a 
 distance, and (2) money is remitted to him there, to be properly 
 applied, where an ageni tvould, in the ordinary course of btisiness, be 
 empdoyed therefor ; if misapplied, remitter is irresponsible. 
 386 — Liabilities of triistees in connection with " MoH gages" : — 
 
 1. Deficiency (main reason vjhy they have been held liable for a) 
 thereon : 
 — because they (1) left selection of surveyor to report on adequacy
 
 TRUSTEESHIPS, ETC.: — SUPPLEMENT. 45:3 
 
 of security, to their solr, who employed the mtgor's surveyor (Fry 
 V. Tajison, 33 W. R. 113). 
 2. " TJnpnxhidive " (their investineut on, mttje of then) i>pty : — practically^ 
 unjustifiable, ami at their own risk (Hoeij v. Green, W. N. 1884, p. 
 286). 
 38c — Liability of trustees on the following special grounds (vide (1) 
 p. 385, No. 62, and (2) pp. 410-11, par. 62a) :— 
 
 1. (1) Carelessness (result of tree's) and (2) want of (a) diligence, and 
 (li) forethought in dealing with matters not prescribed (by the Ct) as 
 " duties " : — if they fail to act as prudeut lueii should act in the 
 management of their own affairs, they will be liable. 
 
 2. Duties of trees : — certain things have been established, as such, by 
 the Ct, to which it requires a rigid adherence. 
 
 2a. Duties (result of tree's departure from the sd) : — subjects him to 
 
 liability therefor. 
 26. Duties (tree's) with reference to other " unprescribed matters," in 
 
 order to escape liability : — they must exercise great cai'e, diligence, 
 
 and forethought in dealing therewith. 
 
 3. Negligence (reasons why they should be liable for gross) only, 
 looked at by analogy to the rules of law relating to " voluntary 
 bailees" : — 
 
 1. Profitless (a) and thankless office : — they must make no profit out 
 of their trust. 
 
 2. Unremunerated (they are also) for their (1) care, (2) loss of time, 
 (3) skill, and (4) trouble of and incidental to the (a) management 
 (b) realization, and (c) ultimate distribution of the trust estate 
 amongst the cestuis. 
 
 4. Origin (supposed) of the existing laiv thereon : — 
 
 1. Cestuis que trust : — their frequently (1) helpless, and (2) unpro- 
 tected condition. 
 
 2. (1) Policy (principAes of), and (2) general utility, especially 
 having reference to sub-jmr. 1. 
 
 5. Seriousness (its) : — the liability is undoubtedly a very serious 
 
 thing. 
 
 6. Summary thereof: — vide sub-pars. 1, 2, 2a, 2b. 
 
 7. Unfair (to some extent, their liability ia preposterously) . 
 
 S8d — Liability (extent of a trustee's) for loss, dr., in respect of the following 
 acts, viz. : — 
 1. Broker (if he pays over trust money generally to a) for invest- 
 ment.
 
 454 TRUSTEESHIPS, ETC.: SUPPLEMENT, 
 
 2. Mixing (a) trust moneys ivith (b) his own : — cestuis will have a charge 
 or lien on the " entire mixture." 
 
 3. " Procrastination" or delay in conversion of vxisting securities (not 
 specifically bequeathed) : — his duty being to convert, he is liable for 
 anj loss (Howe v. Earl of Dartmouth). 
 
 4. Renewal of a trust-lease in his oivn name : — he is a tree thereof for 
 his cestui (Keech v. Sanclford). 
 
 5. Retainer of a balance in hand: — int at £'4 or £,b \k c. p. a. accord- 
 ing to the circumstances of the case. 
 
 6. Trading with trust moneys : — 
 
 1. Interest at <£5 p. c. with (a) \ jrly, or (b) yrly rests, or 
 
 2. Profits (all) made by him, at option of cestui. 
 
 38e — Loss sustained by a trustee in (after making a profit upon) an un- 
 authorised investment of a part of the trust ppty : — mode oj taking the 
 a/c therein asbetiveen (a) cestui and (b) tree (videp.S85-6, par. 66). 
 
 1. Account (the) must be taken against him. 
 
 2. Loss (if any) should arise in consequence of a violation of the 
 trust, the trustee will be liable to make good the deficiency. 
 
 2a. Reason therefor : — he cannot set off profit against loss. 
 
 3. Profit (reason why) v:ill belong to cestui que trust: — because it is a 
 constructive fraud upon latter to employ the property contrary to 
 the trust. 
 
 4. Trading (alternative rights of a cestui que trust in case of a trns- 
 tee^s) with, but subsequently replacing triist moneys in proper invest- 
 ments : — 
 
 1. Option (where trustee has an) of investments: — he is liable for (1) 
 ppal, and (2) int, until invested in compliance with the trust, or 
 
 2. Option (ivhere trustee has no) : — he is liable for the sum that would 
 have arisen therefrom, if invested, or 
 
 5. Trading (in case of a successful) by the trustee: — cestui que trust 
 may make him accountable for profits. 
 
 41 — Notice (constructive) : — means any acts suflScient to put a person 
 upon inquiry, as this amounts to notice of all such facts as would 
 have resulted from the pursuance thereof (45/6 V., c. 39, s, 3, Conv. 
 Act, '82). 
 42 — Notice to trustees upon the purchase of aii " equitable interest " : — the 
 importance thereof. 
 1. Absence (effect of the) of such notice : — 
 
 1. Payment (trees') over of trust ppty to original cestui would be 
 justifiable.
 
 TRUSTEESHIPS, ETC.: — SUPPLEMENT, 455 
 
 2. Purchaser (a sithseqiteid (a) bond fide), (b) for value, (c) who 
 gives sd notice will gain priority. 
 
 2. Secnrity : — to secure, to i>erson entitled, l>enefit of sd intt-rest. 
 
 2a. Difference (there is, substanfialli/, no) as regards sd interest, between 
 personalty and realty. 
 
 3. Funds {what corresponds to notice in case of) in Conii : — a stop- 
 order. 
 
 4. Notice (effect of sd), witho^d a stop-order, in case of funds in Court : 
 — it is insufficient, 
 
 5. Security : — to secure to person entitled benefit of sd interest. 
 
 43 — Purchaser {reasons why a) of an este incurs a risk of losing if, by 
 leaving a legal este outstanding : — 
 Purchaser (a prior bond fide) for value : — may exist, who will, pur- 
 suant to the maxim " Qui prior est tempore potior est jure," take 
 priority of him, unless he protects himself by getting in such out- 
 standing legal este. 
 
 43a — Purchaser (case ivherein a subsequetd) is protected by an outstanding 
 legal estate : — 
 
 1. Estate (legal) : — where he gets same in, and 
 
 2. Notice (has purchased tvithout) of the prior right. 
 
 3. Maxim applicable thereto : — where the equities are equal the law 
 shall prevail. 
 
 44—" Re-conversion" (equitable doctrine of): — 
 
 1. Election that no conversion shall take place : — where an absolute 
 cvn is directed in favour of A., who wishes to take the ppty 
 in its original or unconverted state, he may re-convert, i.e., elect 
 as afsd. 
 
 2. Reason therefor : — a cvn would be useless, when A. is forthwith 
 able to actually put the ppty in statu quo. 
 
 45 — ^^ Rests (taking an acct ivith animal)" : — means striking a balance 
 j^eriodically, in order to charge an accountable party with int 
 thereon. 
 
 46 — Retirement (the variotis modes of) from a treeship, since 1881 ; — 
 
 1. Consent (by) of all the (a) adult cestuis, and (b) trees. 
 
 2. Order (by special leave under an) of the Ch. Dn. &c. 
 
 3. Power (under an express) to appt new (in lieu of existing) 
 trees. 
 
 4. Trustee (under (a) s. 11 of) Act, '93 ; (b) vide pp. '664-5, par. 29 (1-5). 
 46ft — Retirement (legal eff'ect of a trustee^ s) from his trust: — 
 
 1. Responsibility (future) : — he is merely relieved therefrom.
 
 456 TRUSTEESHIPS, ETC.: — SUPPLEMENT. 
 
 2. Wrongs (or breaches of trust) already committed : — he continues liable 
 therefoi*. 
 466 — Retirement (circumstances vnder which a tree's) relieves him ahso- 
 lutely : — 
 
 1. Breaches of trust : — where the cestuis que trust, with full knowledge 
 thereof, execute a release. 
 
 2. Cestuis que trusts : — where they are sui juris. 
 
 3. Release (where a) is executed as sjiecified in sub-par. 1. 
 
 47 — Rights (some of the most important) of a cestui que trust agst his 
 trustee in the folloxoing cases (vide also (a) p. 282, pars. 25-6 (2) and 
 (b) pp. 4^55-7, par. 47). 
 
 1. Agent (if an) for a tree (a) Tcnoivingly receives money as trust-money 
 (whereupon he constructively becomes a tree) , and (6) fraudulently 
 misapplies it, the cestui may, it seems, proceed agst him alone for 
 its recovery ( (1) Bostock v. Floyer, 13 L. 489 ; 1 Eq. 26, and (2) 
 Rolfe V. Ch-egory, 12 L. 162). 
 
 la. Agent (best cotirse adoptable by cestui que trust if an), d-c. (vide 
 sub-par. 1) : — to bring both parties before the Court. 
 
 16. Agenfs (sd) liability in such a case: — ordinarily, he would be liable 
 only to such trustee. 
 
 2. Failure (on) by a tree (who keeps the tiaist funds in his own 
 hands), to invest same : — viclejj. 224, par. 4, sub-pars. 1 and 2. 
 
 3. Limitation (the Statiiies of). 
 
 1. Application thereof: — vide pp. 411-12, pars. 64 « 6. 
 
 2. Benefit (distinction between the position of (a) a constructive, 
 and (6) an express trustee, with reference to the) thereby 
 afforded:— 411-12 (64 0/6). 
 
 3. Inapplicable (3 cases to which they are):— 334 T., 2 (3-1/3). 
 
 4. Run (when they begin to) agst any (1) beneficiary or (2) cestui: 
 —335, 7,1. ' 
 
 5. Trustee (distinction betn position of a constructive), &c. : — 
 vide sid)-par. 3 (2). 
 
 6. TJnpleadable (principle ivhereon they ivere) by a tree in bar to the 
 claim of his cestui : — that, on account of the privity existing be- 
 tween them, the tree's possession is that of his cestui; therefore, 
 there is no adverse title. 
 
 4. Purchase by a trustee for sale: — vide j^P- 419, ^xo-. 836. 
 
 5. Sale (obligations of a tree where a) to him is set aside: — vide 
 p. 419, par. 80. 
 
 5a . Sale (ichere a) to a trustee by his cestui is set aside : —
 
 TRUSTEESHIPS, ETC. : — SUPPLEMENT. 457 
 
 1. Receipts {all estate) must be accouiated for by such trustee, 
 or 
 
 2. Kent (an occupation) be paid, if he has Ijeen in possession 
 personally. 
 
 6. Solicitor (tree's liability for loss of a trust fund, intrusted to his), 
 occasionedhy his (a) fraudulent, or (b) iiegligent act: — (1) vide p. 411, 
 par. 62rt, snb-par. 4 (1-2). 
 
 2. Reason therefor : — because trees should keep trust property under 
 their joint control. 
 
 7. (1) Trading {alternative rights, in case of a tree's) ivith, but (2) 
 subsequent replacement of trust moneys in proper investments : — 
 
 1. (1) Principal and (2) interest : — cestui may insist either on having 
 same, or 
 
 2. Profits (the) made by the trust fund in such trading. 
 
 8. Vide 2)p. 239-40, par. 67, sub-pars. 1-19 inch 
 
 48 — Sale {trustees strict duties on a) of trust property (vide (a) pjv. 320-1 
 (d), {b) 388, par. 95, and (c) 397-8 (29). 
 
 1. Advantage {every) to his cestui : — to sell it thereunder. 
 
 2. Auctioneer {the best) available therefor must be employed. 
 
 3. Beneficicd realization : — their best endeavours to sell to the best 
 advantage must be exerted. 
 
 4. Competition thereat must be invited. 
 
 5. Conditions {proper and reasonable) of sale : — to sell thereunder, for 
 the reasons 'stated in sub-par. 6, 
 
 6. Conditions (2 reasons for the avoidance of unnecessarily strict) : — 
 
 1. Damage (they may seriously) the sale, and 
 
 2. Scare (frighten away or) intending pchrs. 
 
 7. Contract {reasons for the avoidance of '^ an opeJi"): — they might 
 thereby burthen their trust estate with unreasonable costs that it 
 ought not to bear. 
 
 8. Management {proper) of the sale. 
 
 9. " Medium " (show a prudent) or middle course. 
 
 9a — Medium {their liability, in so far as they do not show a) course: — 
 they are liable for a breach of trust. 
 
 10. Place {the best) for such sale must be selected. 
 
 11. Precaution {every reasonable) must be taken. 
 
 12. Propriety : — they must take care to sell the ppty properly. 
 
 13. Prudence : — they must act as a prudent man would in the conduct 
 of his own affairs. 
 
 14. Strictness {avoid unnecessary) in conditions : — vide sub-par 6.
 
 458 TRUSTEESHIPS, ETC.: SUPPLEMENT. 
 
 15. Time (the best or most seasonable) therefoi* must be chosen. 
 49 — ^^ Secret (a) trxst'^ affecting («) a devisee, or (b) legatee respec- 
 tively : — 
 
 1. Beneficiallij {case ivherein he can tal-e) : — where tester had («) 
 written an unattested letter to (vhich (b) was not received by) A. until 
 after testor's death ( (1) Rowbotham v. Dnnnett, 8 Ch. Dn. 430, and 
 (2) Tee v. Ferris, 2 K. & J. 357). 
 
 Irt. Beneficially (reason why A. took) in the sd case : — because there is 
 
 no evidence of his assent to the intended trust. 
 lb. Beneficially (case ivherein he cannot taJce) : — vide siib-pars. 2 (l-2)> 
 
 3, and 
 
 2. Creation (3 circumstances leading to their) compelling him to eff'ectuate 
 it :— 
 
 1. Asse7it (by the intended devisee's or legatee's) to hold the pro- 
 perty ujjon the " secret trust," after 
 
 2. Communication (a) of the latter to him during testor's lifetime, 
 otherwise (1) the wl must be taken as it stands, and (2) no secret 
 trust can be grafted on the sd legacy or devise, as this would 
 amount, in effect, to a revocation of the " Wills Act." 
 
 3. Valid (such secret trust must be lawful or) in its nature. 
 
 3. Example: — A devise of ppty at B. to C. in fee, after (a) testor had 
 written an unattested letter to (asking) C. to hold it for a charity, 
 to u'hich (b) C. replied, assenting: — vide sub-par. 1. 
 
 3«. Example (another) : — A devise of ppty at B. to C. in fee, after (a) 
 
 testor had (some time before his death), written the like letter to 
 
 C, ivho ignored it : — vide sub-par. 1. 
 3&. Resulting (case wherein there will be a) trust : — if the trust is 
 
 unlaivfid the devisee or legatee cannot take beneficially, and 
 
 as to 
 
 "L. Personalty : — it will go to the residuary legatee, and as to 
 
 2. Realty : — it will go to the residuary devisee. 
 3c, Resulting (another) trust : — as (1) C. cannot take beneficially in 
 
 the case specified in sub-par. 3, and, (2) being to a charity, the 
 
 trxist is void, the ppty will go to (a) testor's heir-at-law, in default 
 
 of a residuary devisee, but, (2) if one, to him (Tee v. Ferris, 2 K. & J. 
 
 357). 
 
 4. Uncommunicated (result as to an) trust: — vide sub-pars. 2 (1-2). 
 and 8. 
 
 5. Unlawful (result where the trust is) : — vide sub-par. 3. 
 
 6. Void (examples of) " secret trusts " : — vide sub-pars. 3 and 3a.
 
 TRUSTEESHIPS, ETC.: — SUPPLEMENT. 459 
 
 50 — Settlement (mode of) of pslty upon trusts, identical loith the itees 
 declared as to realty : — As the limon which gives an estate tail in 
 realty gives the absolute ownershrp of, or ppty injjslty, it should l>e 
 given to trees, with the following, viz. : — 
 
 1. Declaration (a) that it is to go on trusts identical with the uses ot 
 the realty, and 
 
 2. Provision (a) that it (a) shall not vest absolutely in any tenant in tail 
 by purchase, until 21, but, (6) in case of his death under 21, shall 
 go as if they had been freeholds of inheritance. 
 
 51 — Settlement (a voluntary), containing no express power of revocation; 
 (a) circumstances under, or (b) grotmds upon which same can he 
 revoked or set aside. 
 
 1. Bankruptcy (settlor's) within 2 yrs: — the settlt is, under the 
 " Bankruptcy Act, '83" (46/7 V. c. 52), absolutely void. 
 
 la. Bankruptcy (settlors), even after 2 yrs: — settlt is void, if he 
 becomes bkt within 10 yrs, unless it can be shown as follows, viz. : — 
 
 1. Estate (sufficient) left : — that after and apart therefrom, sufficient 
 ppty remained wherewith to pay his debts (46/7 V. c. 52, s. 47). 
 
 2. Trustee (that his interest passed to) thereof on exon of settlt. 
 
 3. Settlt (example of a voluntary), &c. : — A., then possessed of 
 ample other ppty, (1)' executes a vol settlt in favour of B., and 
 (2) afterwards, within 2 yrs from its exon, becomes bkt. 
 
 2. Conveyance (a voluntary) or settlement by A. to, or upon B., of 
 
 land (which is afterwards sold to C), then, under 27 Eliz. 
 . c. 4, pchr formerly obtained the better title thereto {vide now 
 56/7 V. c. 21.) 
 
 3. Creditors (a voluntary co7iveyance in favotir of a settlor' s) is revocable 
 before its communication to them. 
 
 4. Fraud (a) tipon Crs under 13 Eliz. c. 5 :— when it can be deemed 
 such. 
 
 4a. Fraudulent (example of such a) voluntary cyce : — one to B. by A., 
 who is unable to pay the debts he then owes. 
 
 5. (1) Fraud, or (2) the like :— where the settlt has been obtained 
 thereby. 
 
 6. (1) Influence (undue), or (2) the like -.—where, &c. (vide sub-par. 5). 
 E.g.— A., an aged person, (1) under the influence of, and (2) thro' 
 the false representation of B., executes a settlt in B.'s favour. 
 
 7. Mistake (a) :— where settlt has been executed thereunder. 
 
 8. Object (cessation or non-existence of the specific) for which the trust 
 was originally created.
 
 460 TRUSTEESHIPS, ETC. : SUPPLEMENT. 
 
 61a^" Shelley^ s case" : — abstract of the rule therein. 
 
 1. Application {requisites for its) : — both estates must be (1) equitable 
 or (2) legal. 
 
 2. Inapplicable (case wherein it is) and A. does not take the fee 
 simple : — 
 
 1. Equitable (if an) estate is given to A. for life, and 
 
 2. Legal (a) remainder in fee to his heirs, 
 
 3. Wills (the) Act (7 Will. 4 & 1 V., c. 26, s. 30) provides that any 
 devise to trees is to be construed as passing (1) the fee simple, or 
 (2) other the whole estate or interest which the testor had power to 
 disjjose of by will, unless : — 
 
 1. Freehold (an estate of), or 
 
 2, Years (a definite term of), absolute or determinable, is given 
 (either (a) expressly, or (b) impliedly), to trees by the will. 
 
 52 — Thellusson (abstract of the) Act (vide ante, par. 2, " Accumulation , 
 &c."). 
 
 1. Effect (its) : — it forbids the accumulation of income for more than 
 one of the periods fixed by the following 
 
 2. Limit : — (1) the life or lives of the settlor or settlors. 
 
 2. 21 years after such settlor's death. 
 
 3. Minority (the) of any person (a) living, or (b) in ventre sa mere 
 at such settlor's death. 
 
 4. Minority (the) of any person who, if (a) living, and (b) of full 
 age, would be entitled under the settlement. 
 
 53 — Writ (effect of a) for the exon. of trusts, on the exercise of povjers 
 given to trees : — latter will be unaffected thereby, subject to the 2 
 following conditions, viz. : — 
 
 1. Inju7iction (if no) has been granted. 
 
 2. Notice of any breach of trust: — if the person dealing with the 
 trustee has no such notice.
 
 APPENDIX C. 
 
 A. "Cases" (alphabetically arranged table of all the) of 
 importance affecting, or in any way connected with, Trusts. 
 
 N.B. — Explanation of, or ''Key" to the followiwj references, &c., 
 viz. : — 
 
 1. Names {ivliere the litigants) are identical : — the defendant's name is 
 omitted, 
 
 2. Names (where the litigants) are not identical : — the 1st and 2n(l 
 names represent the (1) "plaintiff," and (2) "defendant" respec- 
 tively. 
 
 3. Numbers (the) set foiih after the va no hs case« indicate the (1) pages, 
 (2) paragraphs, and (3) sub-pars, respectively of the text, wherein 
 each cited case may be found. 
 
 4. " Omissions^^ herein, for brevity's sake : 
 
 1, Deffs name, where plaintiff also bears same name. 
 
 2. " F." (the letter), usually placed between the litigants' name.s in 
 a " Table of Cases." 
 
 5. Supplemental Table B. of " cited cases " : — vide same. 
 
 (1) Leading" (9 recognised) cases : — Schedule (alphabetical) of 
 the (1) " doctrines or rules" thereby established, and (2) matters dealt with 
 therein. 
 
 (la) Leading (sd) cases : — Epitomes thereof, 334-7, J.. (1-9 incl). 
 
 1. Ackroyd, Smithson. 374, 1| 5. Fox, Mackreth. 418, 79, 3 and 1'. 
 (1-2) ; 444, 3fl (6) ; 44.5, 9a; 
 
 449, \0b. 
 
 2. Basset, Nosworthv. 374, 2 
 
 (1-2). 
 
 3. Brice, Stokes. 374-5, 3 (1-2) ; 
 
 420, 866 ; 421, 91, 4 ; 
 
 4. Cadell, Palmer. 37-5, 4, and 6 ; 
 
 436/7, 2, l-9a. 
 
 6. Griffiths, Vere. 
 
 7. Howe, Dartmouth (Earl of). 
 
 375, 7 (1-5) ; 453, 38(7, 3. 
 
 8. Kobinson, Pett. 375-7, 8 (1-5). 
 
 9. Townley, Sherliorne. 377, 9 
 
 (1-2) ; 412, 66(/, 2 ; 413, 
 67,3.
 
 462 CASES : (1) LEADING, AND (2) MISCELLANEOUS. 
 
 (2) Leading (12 other misceUatieous) cases: — schedule (alphabetical) 
 (a) thereof, and (b) of the principles involved therein. B. 377-80 inch 
 pars 1 to 5a incl. 
 
 1. Dyer, Dyer. 377-8, B, 1 ; 448, 
 
 25, 8. ' • 
 
 2. Ellison, Ellison. 378, 2 (1-2) ; 
 
 400, 346. 1 ; 406, 53. 
 
 3. Garth, Cotton. 442, 17a, 1 (2). 
 
 4. Glenorchy (Lord), Bosville. j 
 
 405, 5i; 441, 16, 1; 448, 
 25, 4. j 
 
 5. Harding, Glynn. 448, 25, 9. | 
 
 6. Huntingdon, Huntingdon. 378- 
 
 9, 3?>. 
 (3) Miscellaneous (schedule of) 
 
 7. Keech, Sandford. 379, 4 
 
 (l-2a) ; 410, 61, 2 ; 448, 25, 
 1, and 7 ; 453, S8d, 4. 
 
 8. Lake, Craddock. 379-80, 5 
 
 (1-5). 
 
 9. Lake, Gibson. 379-80, 5a 
 
 (1-5). 
 
 10. Mackreth, Symons. 442-3, 17a, 
 
 5. 
 
 11. Tullett, Armstrong. 438-5, 3. 
 
 12. Tyrrell's case. 429, 8 (1-3). 
 
 cases : — 
 
 1. Adams' Trusts. 393, 20a, 1 ; 
 
 439,10,3,2 (1). 
 
 2. Appleton (re) : — Barber, Tib- 
 
 bitt. 403-4, 42-3 (1). 
 
 3. Bahin, Hughes. 399,32, 2 (1). 
 
 4. Barber, Tibbitt. 403-4, 42-3, 
 
 5. Barker's Trusts. 393, 20a, 2. 
 
 6. Bellamy (re) and Metropolitan 
 
 Board of Works. 401, 38rt, 1 
 
 7. Bethell, Abraham. 401, 35, 1. 
 
 8. Blogg, Johnson. 408,58,2(1). 
 
 9. Blundell (re). 403-5 (1) ; 
 
 411, 62a, 4(2). 
 9a. Blundell, Blundell :—ri(?e 9. 
 
 10. Bostock, Floyer. 403, 5 (2) ; 
 
 410, 62a, i (4) ; 411, 4, 1 
 (1) ; 458-6; 47, 1 (1). 
 
 11. Brown, Litton. 416, 78b, 1-5. 
 
 12. Bmdennell, Elwes. 437, 9. 
 
 13. Bullock, Bullock. 402, 39, 3 
 
 (1) ; 411, 62a, 3 (a). 
 
 14. Campbell, Walker. 418, 79, 
 
 2. 
 
 15. Coombes, Brookes. 393, 20a, 3 
 
 16. Course, Humphrey. 401,37, 2. 
 
 17. Cowin (re) : — Cowin, Gravett, 
 
 399, 33, 2. 
 
 18. Cradock, Piper. 427, 976. 
 
 19. Dickson (re) :— Hill, Grant. 
 
 451, 34, 3. 
 
 20. Docker, Somes. 408, 58, 3. 
 
 21. Ddwd, Hawtin. 393, 19, 2. 
 
 22. Ekyn's (re) Trusts. 408, 5a. 
 
 23. Eyre (re) .—Eyre, Eyre. 404, 
 
 44 (3). 
 
 24. Fenwick, Clarke. 411, 62a, 26. 
 
 25. Flower (re) and Metropolitan, 
 
 &c. 401-2, 38a, 1 (2) and 3.
 
 CASES (miscellaneous). 
 
 463 
 
 26. Fry, Tapsou. 452, S8h, 1. 
 
 27. Fuller, Knight. 394, 4, 2. 
 
 28. Garrard, Lauderdale. 446, 20, 
 
 3. 
 
 29. Gordon's (re) estate. 404, 44, 7. 
 
 30. Hall, May. 405, 50, 1 (1). 
 
 31. Hallett's (re) estate. 392, 18, 
 
 2. 
 
 32. Harbin, Darby. 427, 97a, 3. 
 
 33. Hill, Curtis. 449, 26, 1. 
 
 34. Hill, Grant. 451, 34, 3. 
 
 35. Hoey, Green. 452, S8b, 2. 
 
 36. Hopkins (re) : — Dowd, Hawtin. 
 
 393, 19, 2. 
 
 37. Holland, Holland. 394, 3a, 2. 
 
 38. Hoskin's (re) Trust. 414, 72. 
 
 39. Knox, Gye. 448, 25, 6a. 
 
 40. Jeffreys, Jeffreys. 430, 4. 
 
 41. Jervis, Lawrence. 403-4, 42-3 
 
 (2). 
 
 42. Johnson, Prendergast. 408, 58, 
 
 2 (2). 
 
 43. Leigh, Leigh. 409, 59, 8. 
 
 44. Long, Symes. 449, 26, 2 (2). 
 
 45. Mitchell (re). 403, 5 (3); 411, 
 
 62«, 4 (2). 
 45a. Mitchell, Mitchell. 403, 5 (3) ; 
 411. 62a, 4 (2). 
 
 46. Newcastle's (re Duke of) 
 
 Settled Estates, 423, 95rt, 2. 
 
 47. Partington (re) : — Partington, 
 
 Allen. 427, 97. 
 
 48. Filling's (re) Trusts. 414, 71, 
 
 36 (1). 
 
 49. Rack-straw's (re) Trust. 414, 
 
 71, Sb (2). 
 
 50. Rolfe, Gregory. 410, 62.y, 1 (1) ; 
 
 412, 646, 1 ; 455 '6, 47, 1 (2). 
 
 51. Rowbotham, Dunnett. 457, 49. 
 
 1 (1). 
 
 52. Rowe, Chichester. 409-10, 60 
 
 53. Sawyer, Sawyer. 399, 32, 2 (2). 
 
 54. Seeley, Jago. 444, 5. 
 
 55. Siggers, Evans. 446, 20, 3 (2). 
 
 56. Speight, Gaunt. 402, 39, 1 and 
 
 3 (2); 411, 62a, 36; 412-13, 
 66a, 4 (3). 
 
 57. Stacy, Elph. 404, 44, 6 (1). 
 
 58. Stickney, Sewell. 412, 65, 2. 
 
 59. Taylor, Blacklock. 392, 16, la, 
 
 1,1. 
 
 60. Tee, Ferris. 457, 49, 1 (2) ; 
 
 457-8, 49, 1 (2) and 3c-. 
 
 61. Tennant, Trenchard. 419, 80, 
 
 4. 
 
 62. Thorndike, Hunt. 392, la, 1, 2. 
 
 63. Titley, Wolstenholme. 405, 50, 
 
 1(2). 
 
 64. Trumper, Trumper. 409-10, 60 
 
 (2). 
 
 65. Viney, Chaplin. 402, 4. 
 
 66. Wa'uer, Jacob. 422, la. 
 
 67. Warren, Rudall. 403-4, 42-3, 
 
 (3). 
 
 68. Wheelwright, Walker, 424, 956, 
 
 1 (1).
 
 464 CASES: — "table b. 
 
 (B.) "Cases" (Supplemental Table of the cited) contained in 
 
 Table A., arraiujed under aljjhabetical " classifications " or headings of the 
 
 various subjects to which they respectively relate. 
 
 Explanation of, or " hey " to the numbers set forth after the folloioing 
 cases : — Instead of repeating the (a) cases, and (6) pages, etc. 
 where same may be found (contained in "Table A."), it has been 
 deemed sufficient, for brevity's sake, to simply include herein the 
 corresponding number of each case in Table A., which will readily 
 enable the practitioner to select such cases as he may require under 
 any given head. 
 
 1 — Acc^imulation (limit on indefinite) of income, &.Q., 12. 
 
 2 — Agent (trustees) : — his liabilities and rights. 
 
 1. Action (by cestui que trust) against him alone, for recovery of trust 
 money, 10, 50. 
 
 2. Action (by cestui) agst trustee for his agent's acts, 10, 50. 
 
 3. Employment (when his) by trustees is justifiable, 56. 
 
 3 — Appt (petition, by cestui, for) of a new trustee, &c. 48-9. 
 
 4 — Attachment (no), ttc. of trust ppty in 2 cases: — 3 reasons therefor, 
 
 59, 62. 
 5 — Bankers (balance at a): — presumption, to. necessary extent, as to 
 
 same, 31. 
 6 — Bankers (loss occasioned by their) insolvency: — circumstances under 
 
 which trustees are irresponsible therefor, 24. 
 7 — Bankrupt (when a) tnistee is (1) removable generally, by order, and 
 
 (2) a new trustee appointable in his place, 1, 5, 15. 
 8 — Bankruptcy (a trustee's) : — security may be ordered thereon, 21, 36. 
 9 — Breach (a) of trust : — 2 cases wherein the claim of the cestui que 
 
 trust against his trustee is a specialty debt, 37. 
 10 — Breach (a) of trust committed by trustees with concurrence of a 
 
 cestui, whereby loss arises to part only of trust estate : — ivhen a 
 
 " stoppage " of consenter's equitable interest is justifiable, 27. 
 11 — Broker (a Stock-E.vcliange) : — 
 
 1. Agent (when his employment by, and as) of trustee is recognised, 
 13, 56. 
 
 2. Losses to trust estate, caused by him: — when a trustee is in'esponsible 
 therefor. 
 
 12 — Contribution : — 2 alternative courses adoptable by a trustee (1 of 3 
 trustees), who is (1) sued for a breach of trust, and (2) pays the 
 claim and costs, 3, 53.
 
 CASES: "TABLE B." 465 
 
 13 — Conveyance (a dr^s) to trustees, upon trust to pay his creditors (55) : 
 1. Execution of trust agst an involuntary dr : — circumstances under 
 
 which same can be insisted ou by sd trustees, 28. 
 14 — Copies (when) of deeds and documents (in a trustee's custody), 
 
 relating to a trust estate, may be taken by his cestui que trust, 17. 
 15 — Decree (effect of a) made in an action for execution of a trust, 7. 
 16 — Defence {Statutes of Limitation as a), in any action brought against 
 
 a trustee : — when a constructive trustee can plead same, 50. 
 17 — Defence, (when 2, or more, trustees appear in an action hy one 
 
 solicitor) : — 2 cases wherein the severance thei'eof is justifiable, 16. 
 18 — (1) Delegation (a trustee's) of his power " to give receipts," &c., 6, 
 
 25. 
 19 — Delegation (a trustee's), &c. : — maxim applicable thereto, 65. 
 20 — " Disclaimer " of a triist hy the 3 folloiving persons, viz. : — 
 
 1. Beneficiary (by a), 2, 41, 67. 
 
 2. Executor (hy an) trustee : — when, on a bequest of personalty to him, 
 his conduct may amount to a disclaimer. 
 
 3. Legatee (hy a) trustee, 2, 41, 67. 
 
 4. Time therefor: — reason for a trustee's disclaimer before his 
 acceptance of the office or trust, 23. 
 
 21 — Executor (an) de son tort (one of his own wrong) : 
 
 1. Advertisitig (effect of his) for drs to pay to exors in trust, 44. 
 
 2. Discharge (cases wherein his) is available against a legal exor's 
 action, 33. 
 
 22 — " Equity, like nature, will do nothing in vain," 54. 
 
 23 — Execidahle (an) trust : — illustrative cases, 30, 63. 
 
 24 — Fiduciary (a trusteeship without a) jjosition, &c., 39. 
 
 25 — Imperfect (an) trust ;— an example thereof, 40. 
 
 26 — Implied (an) trust : — case wherein " no election " will arise, 22. 
 
 27 — " Indemnification " : — a trustee's right thereto, 9, 9a. 
 
 28 — Indemnity (under SrdpaHy, &c.) : — when claimable by a trustee, 3, 53. 
 
 29 — Infancy (when a trustee's application, during) of a cestui, of income 
 
 for his (a) benefit, and (h) maintenance, is absolutely forhid den, Jiot- 
 
 withstanding " Coiiv. Act, '81," s. 43: — 19, 34. 
 30 — Interest : — cases wherein a trustee will be charged therewith, 8, 
 
 20, 42. 
 31 — Investment (an) on " real-security " : — meaning thereof, 43. 
 32 — Lease by a trustee to himself (instead of his cestui) : — effect thereof, 
 
 52, 64. 
 33 — Loan hy trustees to a cn-trustee : — reason why it is forbidden, 58. 
 
 H H
 
 466 CASES : " TABLE B." 
 
 34 — Mortgage (deficiency on a) : — trustees' liability therefor, 26. 
 
 35 — Mortgage {an investment on) of tinproductive property: — trustees' 
 
 liability in respect thereof, 35. 
 36 — Mortgagee (a) exercising a power of sale: — when the Court will 
 
 interfere with him, 66. 
 37 — Payme7it to exors by trustees : — illustrative case thereon, 38. 
 38 — Profits made hy a " quasi-trustee " ; — illustrative case thereon, 11. 
 39 — Purchase hy (a) a quasi-trustee, caul (h) trustee frojn his principal 
 
 and cestui que trust respectively: — 
 
 1. Allowahle (eases wherein same is), 14. 
 
 2. Trustee (hy a), without actual fratid : — circumstances under which 
 he will be held to his purchase, 61. 
 
 40 — Renunciation of phte in common form : — when sufficient, 29. 
 40a — Resulting (a) trust o/ property to the following persons, viz. : — 
 
 1. Devisee (testor's residuary), if there is one, or 
 
 2. Heir (testor's) at-law, in default of said devisee, 60. 
 
 41 — '^Secret (a) trust," affecting (a) a devisee, or (h) legatee, 51, 60. 
 42—" Settled Land Acts" (a) 1882, and (h) 1884:— 
 
 1. Consent (life-tenanfs) under '82 Act : — when same is necessary, 46. 
 
 2. " Trustees of a settlement " : — persons who are (for statutory 
 purjjoses under sd Acts), to be considered as such trustees, 68. 
 
 43 — Solicitor (employment of a) hy trustees : — 
 
 1. Alloicahle (when the employment of a pi*udently selected solicitor 
 is) or justifiable, 9, 9a, 10, 45, 45a. 
 
 2. Forhidden (when such employment is), 32. 
 
 3. Loss of a trust-fund through his solicitor's '' fraudulent acts": — 
 when a trustee is liable therefor, 10, 45, 45a. 
 
 44 — Solicitor (a) trustee : — 
 
 1. Breach (total loss through a) of trust : — when a solicit or- trustee may 
 be made primarily liable therefor, 47. 
 
 2. Employment (trustees') of their co-trustee (a solicitor), 18.
 
 APPENDIX P. 
 
 "Procedure" (detailed) connected with, and incidental to 
 
 Miscellaneous trust matters, except sn far as the same may hare been 
 altered hy the amended "procedure" {If any), inidir the '' Trnsiii' Act, 
 1898." 
 
 1 — Admission hy a deft tree " that there is a large sum of money belonging 
 to the trust funds in his hands: — procedure on behalf of pit (interested 
 therein) . 
 
 1. " (1) Notice of motion " to the Court for an order for payment 
 therein, or (2) Summons at Chambers {duly served on the tree in both 
 cases). 
 
 2. (1) Affidavit (an) of service should he filed, and (2) an office copy 
 procured. 
 
 3. Order (when) obtained: — it is (1) drawn up, (2) passed, and (3) 
 entered in the usual way, and (4) served on the tree (Freeman v. 
 Cox, 8 Ch. Div. 148). 
 
 2 — ApiJoi7itment of (a) a 7iew tree, or (b) neiv trees of (1) a deed, or (2) 
 will resply : — as to the (a) various modes wherehy, and (b) persons 
 on whose appln he, or they, is, or are, apptahle. Vide " Tmstee 
 Act, 1893," ante. 
 
 3 — Appointment, <^c. : — pcde ivhere it is (1) difficult, or (2) impracticable 
 to appt neiv trees (e.g., ivhen the last surviving tree of realty died 
 without any legal personal repre). 
 
 1. Cestui must (a) j^resent a petition, or (h) issue a Summons, 
 intituled (1) under " the Trustee Act 1893," and (2) in the matter 
 of the trust. 
 
 2. Service on the old tree of a copy of (a) petition (with Registrar's 
 marginal note of day for hearing), or (h) Summons (Re Filling's 
 Trusts, 26 Ch. Div. 432 ; 32 W. R. 853; Re RacTcstraivs Trusts, 52 
 L. 612 ; 33 W. R. 559). 
 
 3. Evidence required (a) on, and (b) in s^ipport of appln: — (1) due 
 service of petition, or summons, hefore hearing; (2) consent 
 (written) of, and (3) fitness of new trees.
 
 468 PROCEDURE (miscellaneous) : — TRUSTS. 
 
 4. Order {an) may thereupon be made by the Court appointing them. 
 
 5. Order {directions in (1) sd, or (2) a suhseqtient) : — 
 
 1. Conveyance (a) to them by a person nominated, or 
 
 2. Vested (trust ppty may be effectually) in them (Tree Acts, 50/2 ; 
 Re Tweedy, 28 Ch. Div. 529 ; 52 L. 65 ; C. A., Order Deer., '88, 
 rr. 11-12) ; vide now the " Trustee Act, 1893," ante. 
 
 6. Tree (a) heneficially interested in fund : — Ct can interfere by force 
 of 13/14 V. c. 60, s. 2. 
 
 4 — Appointment, SfC. : — reftisal to act by a sole s^irviving tree, tvlio alone 
 can, 2i7ider settlement , appt a 7iew tree. 
 
 1. Ap'pt {to) neiu trees of realty and pslty, according to trusts of settlt 
 (s. 9). 
 
 2. Transfer {to) settled realty and pslty (shares or stock) to them {vide 
 par. 3 for pcde) . 
 
 h — " Conversion'' of Bank 3 per cent. Annuities into any funds, securities, 
 
 or stocks ^lnder Court's control. 
 Petition {service of a) therefor upon (1) trees, if any, of such Bank 
 
 3 per cent. A, and (2) such other persons, if any, as the Ct may 
 
 direct. 
 6 — Funds {pcde on behalf of persons {a) betieficially entitled to, or {h) 
 
 interested in) in Ct, to enable them to obtain payment thereout : — 
 
 1. Petition (any of them may apply by), as occasion requires, 
 respecting the (1) distribution, (2) investment, or (3) payment out 
 of {a) such funds, or {b) the dividends therefrom, or (c) int 
 thereof. 
 
 2. Summons {when sd appln may be by) : — where the fund does not 
 exceed ^1000 (1) cash, or (2) stock (Ord. 55, r. 2 (5) ). 
 
 7- — Infant {how an) is to convey for trust purposes where trust estate 
 devolves upon him. 
 
 1. " Order {vesting) " — Ct will {on petition), msiVQ an order vesting the 
 lands in such (1) person or jis, and (2) manner, and (3) for such 
 estate as it directs. 
 
 2. Order {effect of sd vesting) : — same as if such infant had (1) been 
 21, and (2) duly executed (a) an assnt, or (fc) cyce of the laud for, 
 and in same estate and manner. 
 
 3. Transferor : — if more convenient, a person may be apptd to convey 
 (13/14 V. c 60, &s. 7, 20), but vide 7iow the " Trustee Act, 1893 " 
 {ante). 
 
 la — Infant { {a) pcde and (b) rights where an) is apptd sole tree of 
 realty: —
 
 PROCEDURE (miscellaneous) : — TRUSTS. 4-(VJ 
 
 1. Ch. (the) Div. would appt a substitute to act {during minority) in his 
 stead. 
 
 2. Majority (rights on atfj his) : — he may elect to (1) enter u])()n, (2) 
 continue, and (3) execute the trust (vide In re (a) Cant., 10 Ves. 
 554, and (b) Skelmerdine, 33 L. J. Ch. 474). 
 
 8 — Lxmatic-trustee : — relief obtainable by cestui, if a tree becomes CI) 
 incapable to act in the trust, or (2) a lunatic, 
 (a) Petition (on), or (b) Summons under "Trustee Act, 1893," Ct may 
 oi'der as follows : — 
 
 1. Appointment (the) of new trustees: — vide said "Act" (ante). 
 
 2. Conveyance (a) of the trust lands (if more convenient), by a 
 person apptd to convey : — vide said " Act " (ante), or 
 
 3. Order (an) vesting them in sucli (a) person or ps, and (b) 
 manner, and (c) for such estate as the Court directs : — vide sd 
 "Act" (ante). 
 
 4. Stock (if) be standing in sd tree's name: — order to (1) transfer 
 same, or to (2) receive the dividends or income thereof, or (3) sue, 
 and (4) recover choses in action, &c., may be made : — vide sd Act 
 (ante). 
 
 9 — Hissing (relief grantable tvhen a) sole tree cannot be found. 
 
 1. Petition (presentation of a) to the Lords Justices of Appeal, entitled 
 in (1) lunacy, (2) act, and (3) trust, &c., whereupon, by order. 
 
 2. (1) Trustee (a new) may be appointed, and (2) a vesting order 
 made. 
 
 3. (1) Statutes, and (2) cases relating thereto : — (1) 13/14 V. c. 60, 
 ss. 3, 5, 32 ; (2) 15/16 V. c. 55, s. 11 ; (3) 38/9 V. c. 77, s. 7 ; but 
 see 7WIV (4) the " Trustee Act, 1893 " (a7ite) ; (5) Be Martin, 56 L. 
 241 ; 34 Ch. Div. 618, C. A. ; (6) Be Peel, 55 L. 554 ; 35 W. R. 81, 
 C. A.). 
 
 10 — Money (requisite before payment out of Court ivill be ordered of) 
 therein, standing to a sole trustee's credit : — Ct will require the con- 
 sent of all the beneficiaries, unless, perhaps, where some of them 
 are abroad. 
 
 11 — Mortgage (assignment, by tvay of) of a fund in trustees' hands: — 
 steps necessary for the lender's effecttial security. 
 
 1. (1) Charge (any previous), or (2) sale: — ask them if tlioy have had 
 notice thereof. 
 
 2. Notice to the trustees must be given immediately after exon of 
 assnt. 
 
 2a. Notice (reason for such) : — because, in all assnts of equitable 
 
 I I
 
 470 PEOCEDURE (miscellaneous) : TRUSTS. W 
 
 interests, other ihan equitable estates, he who gives notice to the 
 holder of the fund has priority over him who does not. 
 12 — Purchaser (a trustee) : the only safe course where a tree for sale wishes 
 to purchase the estate vested in him is as folloics : — 
 
 1. Writ (a) should be issued hy him in the Ch. Div., to carry the 
 trusts into execution under the Court's direction, and 
 
 2. Trustee should apply to become a pchr, on offering to give more than 
 any other person. 
 
 13 — Sales by (1) private treaty, and (2) public auction respectively: — vide 
 App. 8., pp. 319-321 {pars. 1-24 incl). 
 
 14 — Trustee (pcde by a) apptd by (a) deed or (b) ivill, who has (1) not 
 acted, and (2) wishes to (a) disclaim the trust, and (6) divest himself 
 of the estate : — to execute a deed of " Disclaimer,'^ not a conveyance, 
 which latter (1) transmits estate, and (2) implies a previous accept- _ 
 
 ance of the trust. ■ 
 
 Cases (Table of) cited in the " Procedure " section. 
 
 1. Cant {re), p. 468-9, par. 7a, suh-par. 2, a. 
 
 2. Freeman v. Cox, p. 467, par. 1 (3). 
 
 3. Martin (re), p. 469, par. 9, sub-par. 3 (5). 
 
 4. Peel (re), p. 469, par. 9, sub-par. 3 (6). 
 
 5. Pilling's (re) Trusts, p. 467, par. 3 (2). 
 
 6. Eachstrau/s (re) Trusts, p. 467, par. 3 (2). 
 
 7. Skelmerdine, pp. 468 9, par. 7a, sub-par. 2, h. 
 
 8. Tweedy (re), p, 468, par. 3, sub-par. 5 (2). 
 N.B. — Appendix A. P. referred to on p. 431 (par. No. 4a) is omitted.
 
 4