« PreviousContinue »
See ADMINISTRATOR pendente lite, 1 2. As to time for shewing cause against
3. Personal interrogatories, when to be
settled by the master, (See Practice,
5. On demurrer to the whole bill being
allowed, (See Practice, 11) - 304
228 1. A grand-father having taken the chil.
person having notice of the trust, shall educated them entirely, and by his will
and then gave legacies to the children.
father had put himself in loco parentis,
379 2. So, per Lord Rosslyn, where a testa-
bound by an equitable right, cannot, dren of his son, payable at a future
380 they should be educated, and attempt-
ed to make testamentary guardians,
981 is not sufficient to found a grant of
lands in Ireland. There must be an
thority of the great seal in Ireland.
Matter of the Duchess of Chandois, e
not acted, the mode of proceeding in
order to have a guardian appointed is
by petition ; it is not necessary to file
a bill. Secus, if after acting, he has
misconducted' himself. O'Keeffe v.
not altered : Por
tion, an answer is put in, swearing in
not be maintained on it; if the answer
be afterwards falsified, the court will
put the plaintiff in the same situation
as if the answer had been originally
See LANDLORD and Tenant, 1, 2.
PRACTICE, 1, 8.
See GREAT SEAL, 1.
See Costs, 4.
1. Purchase money remaining in the pur-
chaser's hands to pay off incumbrances,
shall bear interest. Hughes v. Kear-
2. Interest on the arrear of an annuity
bequeathed to a married woman for
her sole and separate use, not given,
though the fund was productive, and
though there was a large residuum. An-
derson v. Dwyer,
1. To be settled by the master,
See MARRIAGE ARTICLE, 1, 2
from an assignee, is bound to look to
the assignment to him : if he neglects
to do so, and it prove that such assign-
ment was in trust for the conusor, the
judgment being satisfied, A. cannot set
it up against creditors. But if A.took
it without knowing of the fraud, he
See PAPIST, 3.
REGISTRY, 6, 7.
“ if she does not marry without the
consent of her trustees, the sum of
“ 400l. one moiety to be paid her upon
“ her marriage with such consent, the
“ other moiety in one year after : but
“ if said M. was then married or should
“ marry without such consent, said
" sum to sink into his personal fortune."
M. being unmarried, is not entitled
immediately either to principal or in-
terest : not to principal, because mar-
riage is a condition precedent, and the
nor to interest, because the legacy is
payable in fuiuro, and there is no suf-
ficient ground of implication that in-
terest was intended in the mean time.
Ellis v. Ellis,
queathed generally, without assigning
any time for payment, bears interest
only from a year after the death of the
testator, though the fund out of which
it is to be paid consist of stock and
other matters yielding immediate pre-
fit. Pearson v. Pearson, 10
3. In such case, interest is payable from
the end of the year, though the fund
does not come to be disposable for the
payment of the legacies until long after ;
and if the fund is productive within the
year, the intermediate profits belong
to the residuary legatee,
4. But if the legacy be charged on Jands,
interest is payable from the death of the
testator, or not at all,
5. Legacy to executor, to be distributed
amongst the poor relations of testator.
A relation who was poor at the time of
testators death, but became rich before
distribution, not entitled. Mahony
6. A specific legacy cannot, in a subse-
quent part of the will be charged with
payment of debts and legacies, 339
GRANDFATHER and GRANDCHILD,
PARENT and CHILD, 1.
eldest son, bequeaths him a trifling an- 1. Purchase money unpaid, ispirimafacie,
alien on the lands sold ; and if a secu.
the vendee to shew that the vendor ing in such a situation that the de-
132 thought fit: he shall not avail himself
tee for part of the purchase money, out ceeding in bar of the relief sought.
2. Where lands are divided in trust for
payment of debts, the statute of lim-
107 MARRIAGE, (ARTICLES ON)
death of testator, it may be set up; 1. By articles previous to the marriage
of W. T. with R. F the father of W.
ibid. 7. “ bound the whole of the farm of,
limitations, as applied to títles to land, “ to his son W. T. along with R. F.
one half of said farm to be the right
413 “ the body of R. F. by W. 7:9 The
issue take as tenants in common. Tag-
for life, subject to annuities for the
lives of B. and C. and a charge for a
&c.: The limitation to the issue is not
person who has title, while seeking a but they are to take upon the death of
D. Bushell v. Bushell, 90, 95
Of changes on the Bench, &c. 136, 239
See EVIDENCE, 3, 4.
6 at any time thereafter during his
“ life be qualified by law sa to do.”
take an accourt of what was due for defeat the intent of the parties, by giv-
costs at law and in equity, 177 passing of that statute they were
deeds being delivered up, ibid. glect are removed by statute 33 Geo.
ed from enforciog payment, and the quisites therein mentioned, 355, 381.
1. In case of a legacy left by father to
child, the child having no other pro-
that the legacy shall bear interest :
but this implication is ousted if he pro-
llowever small the maintenance, and
however large the legacy. Ellis v.
See EVIDENCE, 1, 2.
1. Part-performance does not take a case
out of the statute of frauds at law,
though it does in equity. O'Herlihy