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3. Testator devised to A. for life, and
after her death to B. for life, and at
the decease of A. and B., or the sur-
vivor, gave all his real estate to C. if
he should live to attain 21; but in
case he should die before that age,
and D. should survive him, in that
case to D., if he should live to attain
21, but not otherwise; but in case
both C. and D. should die before
either of them should attain 21, then
to E. in fee. Held that C. took a
vested remainder. Bromfield v. Crow-
der, T. 45 Geo. 3.

Page 313

4. The devisor, after using these intro-
ductory words, as touching such
worldly and personal estates where-
with it has pleased God to bless me,
I give and dispose of the same in the
following manner," gave an estate
for life to his wife in all his freehold,
leasehold, and copyhold, and, after
her death, gave "all his lands,
houses, &c. in manner following;"

to A., one of his grandsons, he gave
"all his lands, freehold, copyhold,
and leasehold in E.," and proceeded
"also I devise all my estate, freehold
and copyhold, in H." to him; to B,
another grandson, he gave all his
estate, lands, &c. called or known,
&c., with 500l.; and to C., his re-
maining grandson and his heir at law
"the house I now live in, with all
the lands, &c. belonging to the same,
and also my houses and lands com-
monly called or known, &c., and
also 500l." Held that A. took only
an estate for life in remainder in the
devisor's estate in E. Doe d. Wright
y, Child, T. 45 Geo. 3.

5. Devise of real and personal estate to
trustecs, their heirs, executors, and
administrators, in trust to lay out the
personalty in land, and during the
lives of the testator's sons A. B., and
C., and of his grandson D., the son
of A., and of such other sons
as A.
then had or might have, and of such
issue as D. might have, and of such
issue as any other sons of A. might have,
and of such sons as B., C., and D.
might have, and of such issue as such
sons might have, as should be living
at the time of the testator's decease,
or born in due time afterwards, and
during the lives and life of the sur-
vivors or survivor, to receive the
rents and profits of the real estate de-
vised and to be purchased, and lay
out the same, from time to time, as
they should arise, in land; and after
the death of the survivor of such
persons, to divide the whole into three
lots, and to convey one to the eldest
male lineal descendant of each of his
three sons in tail male, with remain-
ders to the second and third, aud
every elder male lineal descendant,
with cross remainders in tail male;
remainder to the trustees in fee, upon
trust to sell and pay the produce to
the king, to be applied to the use of
the sinking fuud, as should be directed
by parliament. This is a good de-
vise at law, and equity will enforce the
trusts. Thellusson v. Woodford, T. 45
Geo. 3.
Page 357

DISCONTINUANCE,

See RIGHT, Writ of,
DISTRESS.

335 See ASSESSMENT 1.

E.
EJECTMENT.

I. A copyholder demised his copyhold
to J. S. to hold for one year, and at
the end thereof from year to year,
for 13 years more, in all 14 years, if
the lord would grant licence, but so
as not to create a forfeiture; and co-
venanted that the lessee should quietly
enjoy during the term aforesaid; and
the lease contained many covenants
and provisoes applicable only to
lease for several years. After the
expiration of the first year the copy-
hold was purchased by the lord, and
surrendered to a trustee for him, who
immediately gave a regular notice to
quit to J. S., no licence to let having
been obtained. Held that, upon the
expiration of the notice, the trustee
might maintain an actiion of eject-
ment, though the contents of the
lease were known to the lord before
he completed his purchase, and
though the covenant of the vendor
against incumbrances contained an
exception of the subsisting leases un-
der which the tenants then held.
Luff kin v. Nunn, H. 45. Geo. 3.

Page 163

EVIDENCE.

1, 2. PLEADING
RELEASE 2. VARIANCE 1.

2. Service of a declaration in ejectment, See DETInue
by nailing it on the barn-door of the
premises, in which barn the tenant
had occasionally slept, there being no
dwelling-house, and the 'tenant not be-
ing to be found at his last place of abode,
was allowed to
be good service.
Fenn v. Roe, T. 45 Geo. 3.

293

3. The Court held service of the decla-
ration in ejectment on the wife of the

ib.

1. Upon an indictment for disposing of
and putting away a forged bank note
knowing it to be forged, the prose-
cutor may give evidence of other
forged notes having been uttered by
the prisoner, in order to prove his
knowledge of the forgery. Rex v.
Wylie, T. 44. Geo. 3.

2. In

2. In an action on the statute for usury
in discounting a bill, it was proved
that one B. demanded payment of
the acceptor, and commenced an ac-
tion against him, and afterwards re-
Iceived the amount of the bill and

be afterwards legally executed, the
warranty cannot by proved by pa-
rol. Hodges v. Drakeford, E. 45 Geo. 3.
Page 270

ESTOPPELL.

EXECUTORS AND ADMINI,
STRATORS.

the costs of those proceedings on pro- See COVENANT 2.
ducing the bill, and gave a receipt
as attorney of the present Defendant;
this without further evidence of B.
being the agent of the Defendant,
and without the production of the
proceedings against the acceptor, was
held good prima facie evidence to be
left to a jury of the Defendant
having received the usurious interest. See PRACTICE 6.
Owen v. Barrow, M. 45 Geo. 3.

Page 101.

3. Action for these words spoken by
Defendant of the Plaintiff in his pro-
fession of a physician; "Dr. S. has
upset all we have done, and die he
(the patient) must."
It was proved
that the Plaintiff had practised several
years as a physician, and having been
called in during the absence of a
physician, who, with the Defendant,
attended the patient; the Defendant,
as apothecary, made up the medicines
prescribed by the Plaintiff, for the
patient in question, Quære, Whether,
on this declaration, it was necessary
for the Plaintiff to produce a diploma,
or other direct evidence, that he had
taken a degree in physic, in order to
maintain the action, the Court being
equally divided. Smith v. Taylor,

1. Debt does not lie against an admini-
strator upon a simple contract of his
intestate. Barry v. Robinson, T. 45
Geo. 3.
293

EXECUTION.

FELONY.

See EMBEZZLEMENT 1. EVIDENCE
1. FORGERY 1.

FEME COVERT.
See BARON and FEME 1. FINE 1.

1, The Court will discharge a feme
covert Defendant upon a common
appearance, though she contracted
the debt as a feme sole, and was en-
trusted by the Plaintiff as such, unless
she represented herself to be single,
Collins v. Rowed, T. 44. Geo. 3°
2. To a plea of coverture the Plaintiff
replied, that the Defendant's husband
"lived and resided in parts beyond
the seas, viz. in Ireland; and that
the Defendant lived in this kingdom
separate and apart from her husband
as a single woman; and as such single

woman

ance executed by him, and the pur- See INSURANCE 3. 6.
chase-money paid, the Court of C. B.

will not prevent the wife from levying

a fine because her husband has since

become non compos, Stead v. Izard, T.
45 Geo. 3,

312

another, but an original contract to See BASTARd 1.

HOUSE TAX.

See TAXES 1.

INDEMNITY BOND.

See CONDITION 1. RELEASE 2.

INCORPORATION.

See CONDITION 1.

INSOLVENT.

See LORD'S ACT.

INSURANCE.

1. Action on a policy on goods from
Berderygge to London, effected by the
consignees on the 13th of December
without communicating a letter re-
ceived by them the day before, but
dated the 30th November, informing
them that the captain would sail the
next day, and directing them, if he
should not be arrived, to effect the
insurance as low as possible; held a
material concealment, though the ship
did not in fact set sail till the 24th of
December. Willis v. Glover, E. 44
Geo. 3.
Page 14
2. Action on a policy on goods "until
the cargo should be discharged and
safely landed;" on the arrival of the
ship the goods insured were put on
board a lighter, hired in the usual
way, and brought to the Plaintiff's
wharf in the evening, but not landed
on account of the rough weather;
the Plaintiff then undertook to see

the landing himself, but, n the night,
the lighter, by an unavoidable acci-
dent, was sunk, and the goods were
lost: held that the underwriters were
discharged. Strong v. Natally, E 44
Geo. 3.
Page 16

3. Policy on freight valued at 500l. on
a voyage at and from Demerara, Ber-
bice, and the Windward and Leeward
Islands to London. The ship being
at Demerara, an agreement was en-
tered into by the master with a house
there for a freight from Berbice to
London, the cargo to be put on board
at Berbice, and the ship to take a
cargo of bricks and planks from De-
merara to Berbice, and deliver them
there;
while proceeding from Deme-
rara to Berbice, with the bricks and
planks on board, she met with an
accident, and in consequence never
earned her freight. Held that it was
not a loss within the policy. Seller v.
M'Vicar, E. 44 Geo. 3.

4. In effecting a policy on the 8th of
January, at Whitehaven, on a ship "at
and from Barbadoes to Liverpool,"
a broker's letter was produced, stating
that the ship insured was not cop-
pered, but a slow sailer; was expected
to have sailed on the 28th November;
and that the Barton, a coppered ves-
sel, and very fleet, which had sailed
the 24th from Barbadoes, had arrived
on the 5th January, but no notice
was taken of the Agreeable, another
coppered and fleet vessel, which sailed
the 29th November, having also ar-
rived on the same day as the Barton.
After verdict for the Plaintiff, the
Court refused to grant a new trial on

the

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