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proportions, subject to certain directions contained in the will, by which all the property was ordered to be invested in the public funds in the names of trustees to be appointed by his executors ; and that if all the legatees should die withqut issue, and under age, the property bequeathed to them should devolve to B. C. D, and E., to be equally divided between them, and to their heirs for ever ; which four persons the testator appointed as his executors, to see that every thing was duly executed and performed according to his will :He also appointed F. and G. as excutors, in addition to the above four, and requested the two latter to accept 50l. each, and to act as guardians in conjunction with the other four, for the care of the persons and property of the legatees. The will was duly executed and attested; but there was an unattested codicil, by which the testator directed that if either of his executors should refuse to accept the trust and act as executor, the bequest of property to every such person was to be totally annulled. The will and codicil were proved by B. C. and D. only ; E. F. and G. having renounced. The three former caused the testator's real estate to be put up to sale hy auction, in four lots,-the whole of which were purchased by G. who afterwards refused to complete his purchase, on the ground that the acting executors could not sell the property to one who had renounced. A suit was then instituted in Chancery; and upon reference to the Master, he certified that the contract of purchase entered into by G. was for the benefit of the persons interested in the estate, and that it should be completed and carried into execution. The
first lost was accordingly conveyeil by indentures of lease, appointment, and release, from B.C. D. E. F. and G. to P. T. in fee, in consideration of 2,0001. The second lot was conveyed by like instruments from B. C, and D. to P, T. in consideration of the sum of 2,3001. By another deed, P.T. declared that the purchase money mentioned in the two first
deeds of conveyance, belonged to G. ; that the name of P. T. was only used as a trustee for G.; and that he stood seised of the premises as trustee for him. The third lot was conveyed by lease, appointment, and release from B, C. and D. to G. jnfee, in consideration of 40001,,, and the fourth by a similar, conveyance from B.C. D. E. F. and G. to G. in fee, Held, that the legal estate in the first and second lots was well vested in P.T.; and that in the third and fourth, in G. by the conveyances made to them respectively-Held also, (in equity), that the memorandum, or codicil at the foot of the will, was not to be considered as part of the will, with reference to the testator's real estate, Mackintosh v. Barber, M. 3 G.4.
RECOVERY. 1. Where the proper documents for
levying a fine had been perfected two years ago, but it was not completed through the negligence of the attorney,
it ought to have been perfected, and the
name of one of the commissioners before whom it was acknowledged was obliterated; the Court would not allow it to pass, but left the parties to levy another finè. Fawcett, plaintiff; Slingsby, deforciant. M. 3 G. 4.
Page 338 2. The Court refused to suspend the
fiat of a fine, on an affidavit, which stated, that the deponent was in. formed and believed, that the deforciant, (a widow,) was more than ninety years of age, and in an imbecile state of mind ;-as it was not sworn that she was so when the acknowledgment was taken, and as if she died during the time of the suspension, it would have the effect of avoiding the fine altogether. Price, plaintiff ; Watkins (widow), deforciant. M. 30.4.
in onė, and partly in the other :Held, that the forging a Prussian treasury note for the payment of one dollar, is an offence within that statute: And where a prisoner was convicted of forging such an instrument, on an indictment charging him with forging a promissory note, undertaking, or order for the payment of money, purporting to be a Prussian treasury note; but no count contained an English translation;
- Held, that such translation was necessary; and as the instrument was only set out in the language in which it was alleged to be forged, the judgment was arrested.
FORCIBLE ENTRY. See LANDLORD AND TENANT, 1.
See Costs, 3.
FORGERY. 1. The statute 43 Geo. 3, c. 139, s. 1,
The King v. Goldstein, E. 3 G. 4.
Page 1 2. Where a person forged the name of his co-trustee to a power of attorney for the sale of stock standing in their joint names in the books of the Company of the Bank of England, and the forgery being discovered, the stock was not sold; -Held, on an indictment for forgery, that such co-trustee was a competent witness to prove that the signature of his name to the power was a forgery; and it seems, that according to the practice of the Bank, such a power is revocable without deed. The King v. Wait. H. 3 & 4 G. 4, 473
makes it felony to forge or utter any bill of exchange, promissory note, undertaking, or order for the payment of money, purporting to be the bill, note, undertaking, or order of any foreign prince, state, or country, whether in the English or any foreign language, br partly
FRAUDS, STATUTE OF.
See GUARANTIE. 1. Two distinct written instruments
may be coupled together, so as to constitute á mehiorandum of a contract, to satisfy the seventeenth section of the of frauds :Therefore, where the purchaser of flour gave a notice in writing to the seller, who had delivered part of it, that it was of a bad, quality and unsaleable, and required him
to take itaway, and in which notice the quantity, quality, price, and time of delivery were stated ; and the attorney for the vendor answered the notice, stating that the latter had performed his contract as far as it had gone, and was ready to complete the remainder : --Held, that these two documents were a sufficient memorandum or note in writing of the contract, to satisfy the terms of the statute. Jackson v. Lowe, T.3 G. 4.
Page 219 2. Where the plaintiff agreed to pur
chase from the defendants one hun-. dred sacks of good English seconds flour, at 458. a sack, twenty-two of which were delivered to the plaintiff, and he gave notice to the defendants that they were unsaleable, and of a bad quality, and required them to take away the sacks immediately, but it did not appear that the flour had ever been returned to them.- Quære, whether this was an acceptance by the plaintiff, so as to satisfy the terms of the statute ?
FREIGHT. See INSURANCE, 1.
GOODS SOLD AND DELIVERED.
See Bills OF EXCHANGE, 3.
See REPLEVIN, 1.
GUARANTIE. See FRAUDS, STATUTE OF. Where the defendant undertook to
guaranty to the plaintiffs, (assignees of a bankrupt), the payment of 1001. due to the estate of the bankrupt from J. S. for articles delivered to the latter for the use of his trade, so that the guarantie should not be put in force against the defendant for two whole years from the date thereof; and the defendant, previously to the guarantie, wrote a letter to the plaintiffs, proposing the terms on which it was to be given, and afterwards recognized it :-Held, that the correspondence and guarantie were to be taken together, and constituted a sufficient consideration for the promise within the fourth section of the statute of frauds; although it was objected that no consideration was expressed on the face of the guarantie itself. Coe v. Duffield. T. 3 G.4.
See PRISONER, 1.
HABERE FACIAS POSSES
See JURY, I.
LANDLORD AND Tenant, I.
INFERIOR COURT. Where the plaintiff declared in as
sumpsit for work and labour, in healing and curing the defendant's horses, within the jurisdiction of a county court, and for divers potions and medicines administered and applied on thosc Occasions ;-on a writ of false judgment, assigning that it did not appear that the potions, &c. were supplied by the plaintiff on thc occasions therein mentioned, within the jurisdiction of the Court, and that the consideration for the promises was not stated to have arisen there:-Held, that this amounted to a sufficient allegation, that the potions were administered within the jurisdiction. Dunn v. Crump, E. 3 G.4.
It was ordered, that after such notice given to any plaintiff, no prisoner should be superseded or discharged out of custody at the suit of such plaintiff, by reason of such plaintiff's forbearing to proceed against him according to the rules and practice of this Court, from the time of such notice given, until some rule or order should be made in the cause in that behalf by this Court, or one of the Judges thereof:-and it was further ordered, that a copy of this rule should be hung up in the Fleet Prison, the Chambers of the Judges, and in the Prothonotaries' office, in the place where rules of this Court are usually hung up. Reg. Gen. M. 3 G. 4.
Puige 459 2. Where a prisoner on being brought
up under the compulsory clause of the Lords' Act, delivered in a schedule, in which it was stated that he was entitled to an annuity after the death of his mother, secured on a freehold estate, which he had sold to his brother for 10001. which he had spent extravagantly and improvidently; the Court allowed him to be discharged, on his consenting to amend his schedule, by inserting, that "he was ready to assign his interest in the estate to the plaintiff, fif he had any), and that he would execute an assignment accordingingly;"—although he was lately remanded by the Insolvent Debtors' Court, for not having satisfactorily accounted for the disposition of his property. Goldsmith v. Taylor, M. 3 G. 4.
INSPECTION AND PRODUC
TION OF PAPERS.
See ATTORNEY, 8. 1. Where a commission of bankrupt deductions; and evidence is adniissible to shew, that although open policies on freight are of rare occurrence ;
still it is the practice at Lloyd's to pay the assured the amount of the gross, and not of the nett freight. Palmer v. Blackburn, M.3 G. 4, Page 339
IRREGULARITY. See Practice, 10.
JOINDER OF PARTIES.
See Waste, 1,
was sued out against the plaintiff and superseded, as being founded on a concerted act of hankruptcy, and a second commission was issued, and the plaintiff brought trespass against the messenger to try its validity : the Court would not order the bankrupt's books and papers to be produced to the assignees under the second commission, on an application by the defendant ;-as such application should have been made to the Lord Chancellor in the first instance. Wilson'v. Legge, M. 4 G. 4.
Page 400 2. The Court will not, in the exercise
of its discretionary power, compela defendant to produce certain bills of exchange, on which the action is brought, and which were set out in the plaintiff's declaration, in order that he might inspect or take copies of them ; on an affidavit by the plaintiff, stating that the defendant had obtained them from him by undue and fraudulent means, and which the defendant negatived by affidavits in general terms ;-on the grounds, that the plaintiff should have shewn by what means the defendant became possessed of them, and that the former had his remedy by an action of trover after demanding the bills; in whick case, the burthen of proof would lie on him, instead of his being enabled to make out a prima facie case, if the defendant were bound to produce them. Threlfall v, Webster, H. 8 & 4 G. 4.
INSURANCE. In the case of a total loss on an
open policy of insurance on freight, the assured is entitled to recover for the gross freight, free from all
LANDLORD AND TENANT.