long as the power should be permitted to remain; or whether her receipt of the dividends flowed from an equitable interest she was to have ab origine. So upon such a bill after her death, if she had died, leaving him surviving, it would have been competent to him to show by evidence, upon what footing she received the dividends. Upon the evidence, the utmost intended was to secure to her an income; and, if that only was intended, it by no means destroys the existence of trust; for if the intention was to give her an estate for life, not depending upon his will, still the capital would be his. It might turn out upon inquiry, that she had enjoyed the income from it in this sense; that it was nothing more than income of his gift from time to time; as being revocable under the power of attorney; and the manner, in which the banker's accounts were kept, may prove that. It will be proper therefore to direct inquiries as to all the circumstances.

[His Lordship did not think it necessary to decide the question whether the stock could be attached under the Statute of Elizabeth.] Enquiries were accordingly directed, and the stock was afterwards ordered to be transferred.

13 Ves. 123.]

[See 12 Ves. 202;

NEW YORK

INDEX.

ACCORD AND SATISFACTION. See Partnership.

ACCUMULATION. See Will, 1.

ACQUIESCENCE-Ignorance of rights –Lapse of time. See Landlord and Tenant, 2.

And see Easement; Fraud and Misrepresentation, 2, 3.

ACTION-On case for misfeasance independent of contract. See Negligence, 2.

And see Easement.

ARBITRATION-Purchase by arbitrator of claims under reference cannot be supported. Blennerhassett v. Day 79 BANKRUPTCY-1. Bankruptcy of lessee-Breach of covenant. See Landlord and Tenant, 3.

2. Fraudulent preference-Delivery of goods on eve of bankruptcy-Accommodation acceptance-Mutual credit-Set-off. Smith v. 93

Hodson

3. Protected payment-Money advanced to bankrupt for purpose of settling with creditors-Failure of purpose-Repayment by bankrupt of money so advanced for specific purpose. Toovey v. Milne 147

BOND-1. Condition-Intention of parties-Implied obligation to pay only in event of obligor still carrying on business. Beswick v. Swindells 196

2. Whether payable on day certain No date named for payment-Interest payable though not expressly reserved. Farquhar v. Morris.

261

CHARITY-Annual sum payable by corporation out of revenues of charity-Conveyance of lands in satisfaction-Subsequent increase in value of lands so conveyed-Information to set aside conveyanceLapse of more than two centuries. Att.-Gen. v. Pembroke Hall

52

COMMON-1. Custom for lord to dig clay-pits, or empower others to do so, without leaving sufficient herbage for commoners-Evidence of immemorial custom. Bateson v. Green . 99

— 2. Approvement-Erection of buildings-Custom-Grant by lord with consent of homage. Folkard v. Hemmett 103

CONDITION. See Power; Will, 3.

CONFLICT OF LAWS-Domicil-British subject trading abroadDomicil in neutral State Limited stay in England for temporary purpose Status under treaty with neutral State. Wilson v. Marryat 104

CONTEMPT OF COURT-Breach of injunction—Committal—Notice of motion-Personal service-Production of original writ. Ellerton v. Thirsk

41

CONTRACT —1. Consideration, adequacy of Benefit to promisor immaterial, Bainbridge v. Firmstone.

234

2. No specific class of contracts in writing known to the Common Law. Rann v. Hughes

262

COSTS. See Practice.

DISCOVERY-1. Production of documents-Deed in possession of defendant's solicitor, who has lien for costs-Production for benefit of third party. Furlong v. Howard

2.

79

Hunter v.

Marine insurance Action on policy-Broker having lien for premium-Production in action against underwriters. Leathley

3.

relating to cause.

179

Order for production by assured of all papers Goldschmidt v. Marryat

DISTRESS. See Landlord and Tenant, 4; Receiver, 1.

268

EASEMENT-Light-Enlargement of house-Addition of new wing -No right in respect of new windows-Acquiescence in new situation— Derogation from grant. Blanchard v. Bridges

And see Watercourse.

208

ECCLESIASTICAL LAW-Church-Repair-Liability of inhabitants to rate levied for repair-New chapels built in aid of parish church— Prohibition. Craven v. Sanderson . 222

EVIDENCE-Broker having lien on policy of insurance on shipProduction in suit against underwriters-Competency of broker to give evidence (notwithstanding his lien) to prove matters connected with policy. Hunter v. Leathley

. 179

EXECUTOR AND ADMINISTRATOR-1. Debt-Parol promise to pay - Attempt to charge executor personally — Promise in writing insufficient without new consideration. Rann v. Hughes . 262

2. Interest on legacy-Payment for 17 years without deduction of income tax-Right to deduct arrears of income tax out of future interest. Currie v. Goold

33

And see Limitations, Statute of, 1.

FOREIGN CURRENCY-Rate of exchange-Legacy expressed in foreign currency-Allowance for exchange and costs of remittance. Cockerell v. Barber

27

FORFEITURE-Equitable relief-A Court of Equity will, if it can, relieve against forfeiture. Blennerhassett v. Day.

79

FRAUD AND MISREPRESENTATION 1. Fiduciary relation Purchase by arbitrator-Purchase of claims under reference. Bleunerhassett v. Day

2.

79

Lapse of time-Knowledge of party-Acquiescence— Laches. Blennerhassett v. Day.

79

FRAUD AND MISREPRESENTATION — 3. Fiduciary relation Misrepresentation - Purchase of shares - Misrepresentation by sellerBuyer dealing with shares as his own after discovery of fraud-Recovery back of purchase-money-Acquiescence. Campbell v. Fleming . 194 Undue influence-Deed, suit to set aside-Conveyance by inmate of private asylum to keeper and his daughter. Wright v. Proud 22

4.

Deed of gift-Donor very old and nearly blind.

34

6. Grant of annuity for life to doctor- Consideration Doctor to live with patient during his life-Knowledge of probability that patient would not live long. Popham v. Brooke .

60

INCOME TAX-Arrears-Right of executor to deduct out of future interest. See Executor and Administrator, 2.

INSURANCE (MARINE)—1. Broker-Lien for premium-Production of policy on trial of action against underwriters. Hunter v. Leathley 179 2. Deviation-Call at port not in course of voyage insured. Hunter v. Leathley 179 3. Warranty of neutrality-Illegal voyage-Provisions of commercial treaty-Illegality as to part of voyage insured-DomicilBritish subject domiciled in neutral State. Wilson v. Marryat . 104

4. Action on policy-Production of documents. See Discovery, 3. INTEREST. See Executor and Administrator, 2; Tenant for Life.

JOINT-TENANCY-1. Severance-Residuary bequest of leaseholds and in money used in business to sons-Severance implied by conduct. Jackson v. Jackson 13

2. Devise of real and personal estates-Estates enjoyed and business carried on in common-Purchase of further estates with joint moneys. Morris v. Barrett 246

LANDLORD AND TENANT-1. Agreement-Pleading-Claim averring that defendant was tenant to A., B. and C.-Demise by A. and B. Variance. only Subsequent receipt of rent by C. Saunderson v. Griffiths.

161

2. Breach of covenant-Non-payment of rent-Ejectment-Relief -Imputation of fraud - Lapse of time Acquiescence - Ignorance of rights. Blenner hassett v. Day.

3.

79

Bankruptcy of lessee--Liability of surety joined in lease with lessee for breaches committed after adjudication. Tuck v. Fyson

4. Distress for rent

235

Rent in arrear Enforcement of claim against assignees after seizure under fi. fa.-Necessity of distraining. Gethin v. Wilks

254