ABSTRACT No. 18.

(Leasehold for Years.)

LATHAM'S TITLE.

Requisitions on part of a Purchaser.

1. In what office have the houses been insured, in whose names, and in what amount? The policy must be produced, and the receipt for the last premium.

2. By the will of Robert Thornton, these leasehold houses were specifically bequeathed to the testator's daughter, Mary Robinson, for life, and after her death in trust for her children.

Is Mary Robinson living, or, if dead, had she any children ?

For what reason were the leaseholds sold by Pember, the executor? Inquiry should be made whether Pember (the executor) assented to the specific bequest of the leaseholds.

It appears that Pember never proved the will of Robert Thornton, and that the other executor renounced probate. Mrs. Catherine Thornton, the administratrix with the will annexed, should now concur in the assignment to the purchaser. What amount of stamp duty was paid on the letters of administration?

3. The receipt for the succession duty which became payable on the leaseholds on the death of Robert Thornton must be produced.

Searches for judgments, &c. should be made as against Robert Thornton or Jonathan Latham.

[See General Observations and Requisitions, post, and add such as are applicable to this title.]

Replies by Vendor's Solicitor.

To Requisition 2-It is a general rule of law and equity, that an executor has an absolute power of disposal over the whole personal estate of his testator, and that it cannot be followed by legatees, either general or specific, into the hands of the alienee. The principle is that the executor in many instances must sell in order to perform his duty in paying debts, &c., and no one would deal with an executor, if liable afterwards to be called to account. In this case the sale was made by the executor very soon after the death of the testator. See Williams on Executors, 8th ed. 942.

ABSTRACT No. 19.

(Leasehold for Years.)

HARTON'S TITLE.

Requisitions on title on behalf of purchaser or intended mortgagee, and replies of vendor's solicitor.

Requisitions.

1. The ground comprised in the lease of 1st July, 1830, is described as a piece of ground situate in the parish of St. in the county of Middlesex. Evidence (by statutory declaration) must be produced, identifying the ground on which the ten houses sold have been built with the ground as described and com

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prised in the lease, and also as being the ground which has been laid out and is now known as part of Augusta Square, and the ten houses sold as being Nos. 1 to 10 in Augusta Square.

2. Office copies of the proceedings in the bankruptcy of Robert Chard and of the appointments of the official and creditors' assignees, must be produced and handed to the purchaser.

3. Under the covenant in the lease, no assignment was to be made without the written licence of the lessor. The written consent of the lessor to the assignment of the lease to Thomas Parker must be produced and handed to the purchaser.

4. Has the assignment of the lease to Thomas Parker been registered in Middlesex? If not, it must now be registered.

5. Have any of the parties named in the abstract (besides Robert Chard), to the knowledge of the vendor or her solicitor, been bankrupt, or taken the benefit of any of the Insolvent Acts?

Did Robert Chard take the benefit of any of the Insolvent Debtors Acts? and if so, when?

6. It must be shown that the will of Matthew Parker was signed by him and attested by two witnesses. The probates of the wills of Thomas Parker and Matthew Parker must be produced.

7. What amount of probate duty was paid on the two wills abstracted? It must be ascertained to be to the full amount of the property sold. If not, a further probate duty must be paid.

8. Have the wills of Thomas Parker and Matthew Parker been registered in Middlesex? If not, they should be registered, and the particulars of the registry should be furnished to the purchaser's solicitor.

[Reply. These wills have not been registered. In this title the lease was registered, and the assignment to Thomas Parker will be registered; and a further title cannot be made without giving notice of the wills, unless something should appear on search of the registry.*]

9. Are the annuitants, Maria Watson and Clara Parker, named in the will of Thomas Parker, or either of them, now living? If living, they must join in the assignment and release the property. If both, or either of them, be dead, certificates of their deaths and evidence of their identity should be furnished, and receipts or admissions must be produced of the payment of the annuities, and receipts from the representatives of each or either annuitant (if dead) for a proportionate part of the annuity, up to the date of their respective deaths, must be produced.

10. The succession accounts and receipts for duty, in respect of the devolution of the property from Thomas Parker to his son, Matthew

*This would have more point if the title referred to freeholds. See the Vendor and Purchaser Act, 1874, 37 & 38 Vict. c. 78, s. 8; whereby it is now made safe to rely upon a title under an unregistered will, provided it is ascertained by search that no assurance by the heir-at-law of the testator has been registered. But in the case of leaseholds, no question of secret assurances by the heir-atlaw can arise.

Parker, and in respect of the devolution of the property from Matthew Parker to his sister, Martha Harton, must be produced; and also the succession accounts and receipts for duty in respect of such of the annuities as have ceased, or the succession duties in respect of the annuities must be commuted for, if the annuitants be living.

11. The usual search should be made in the Middlesex Registry to ascertain that the abstract is complete, and for registered incumbrances.

[See General Observations and Requisitions, post, and add such as are applicable to the title.]

ABSTRACT No. 20.

(Leasehold for Years.)

DORNTON'S TITLE TO LEASEHOLD ESTATE.

1. Was Heinrich von Kohn, the lessee in the lease of 29th September, 1840, an alien? If so, had he been naturalized?

Vendor's answer:·

Heinrich von Kohn was an alien, but obtained a certificate of naturalization from the Secretary of State under the provisions of 7 & 8 Vict. c. 66. This will be produced. See also the Naturalization Act, 1870, 33 Vict. c. 14, s. 2.

2. It appears that Radford and Hensley, the mortgagees, were trustees of the Perma