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5. Power of appointment in such shares

and proportions as husband and wife

should by any deed in writing direct,

not well executed by appointment by

the will of the husband with a written

endorsement thereon made by the wife
See RELATIONS, 1, 2, 3.

after his death, expressing her appro-

bation. Bushell v. Bushell, 90, 96.

6. Nor would it have been better if the

wife had ratified it at the time of the
1. Parties obtaining wrongful possession execution, it being revocable by the

and setting up a false title (under co- husband during his life, ibid.
lour of instruments finally condemned) See AGREEMENT, 6, 7, 8.
during the investigation of which they COVENANT, 1.
are protected in their possession by
the court, shall not avail themselves of

any length of possession, pending the
investigation, as a bar to the person 1. Where an injunction is obtained for
who ultimately proves to have the want of an answer, defendant may dis.

right. Bond v. Hopkins, 413 solve it by giving the rule to dissolve,

and the second rule in six days after,

which shall be absolute without further

order, unless plaintiff files exceptions

in four days, or moves on equity con-
1. Power was given to husband and wife fessed in cight days, or on the first day

by deed, and to the survivor by will of motions afterwards; notice of such
duly executed, to charge settled lands motion having been entered with the
for payment of debts or for younger register; and all such motions shall be
children. The wife surviving charged listed and called on at the sitting of the
the estate by will executed in the pre- court on such motion day. General
sence of two witnesses only. Lord Rule,

HARDWICKE held that though the 2. Writ improvidently issued, it within
will was not duly executed within the the controul of the court (either as not
meaning of the power, the court ought having gone out of the custody of the
to aid the defective execution in fa- . officer, or as having been returned)
vour of the creditors and younger shall be quashed; if beyond its con-

children. Wilkie v. Holmes, (note) 60 troul it shall be superseded. Le88cc
2. Power to make leases is to be con- of Lawlor v. Murray,

strued as liberally as powers of join- 3. The writ commanding judges' to seal
turing, charging, &c.; and a contract a bill of exceptions, ought to be made
to make a lease pursuant to a power out by the clerk of the crown, and not
shall be as binding as a contract to by the cursitor,

75, 80
make a jointure or charge pursuant to 4. Such writ ought not to issue without
a power.
Shannon v. Bradstreet, special order from the person þolding

52, 61.
the Great Seal,

75, 80
3. Non-execution of a power is where 5. If a creditor coming in under a decree,

nothing is done. Defective execution require relief which cannot be had bý
is, where there has been an intention re-hearing the original cause, he ought
to execute, and that intention suffi- to file a cross bill. Latouche v. Ld.
ciently declared ; but the act declar. Dunsany,

ing the intention is not an execution in 6. In all cases where conditional orders
the form prescribed.


are granted, if cause be not shewn on
4. A contract to execute such power is the motion day next after the expira-

a sufficient declaration of intent, ibid. . tion of the time limited by such order,

or a notice of shewing cause served court cannot open the bidding merely
(which is to be entered with the re- on a suggestion of there being persons
gister) the register shall give a certi- ready to bid in advance, without first
hcate of no cause. Notices so entered setting aside the order confirming the
to have precedence of all other mo- sale. And that order ought not to be
tions save injunction motions, General set aside but on grounds of fraud or

178 surprise. Executors of Fergus v.
7. In all cases where personal interro. Gore,

gatories for examinations before the 16. Where a decree has been had against
master are exhibited, such interroga- a prior tenant in tail, affecting the
tories shall be settled and approved rights of tenant in tail in remainder,
by the master, if the party to be exa- the latter may file a supplemental bill
mined shall require the same. Gene- to make himself party to the former
ral Rule,

178 suit, for the purpose of appealing.
8. Injunction raised pending notice of a Giffard v. Hort,

386, 412
motion for a dedimus, is dissolved of See Costs, 2, 3. GREAT SEAL, 1.
course on the dedimus being granted. GUARDIAN, 1, RE-HEARING, 1.
M Mahon v. O'Brien,

237 WILLS, (proving of) 1.
9. Substitution of service of subpæna to
appear and answer, on a person to PRINCIPAL & AGENT.
whom defendant, residing out of the
jurisdiction, had given a power of at- See AGENT, 3.
torney to act for him in the manage
ment of his affairs; refused. Smith

v. Hibernian Mine Company, 238
10. The practice in England, when some See BANKRUT, 5, 6.

parties are out of the jurisdiction and SOLICITOR, 1.
others within it, is, to charge the fact
in the bill, that such parties are out of

the jurisdiction, and then the court
can proceed, without prejudice to the See BANKRUPT, 5, 6.
rights of such parties, .

11. On demurrer to the whole bill being

allowed, the bill shall be dismissed,
and costs shall be taxed as upon a dis-
missall; except the costs upon the de-

murirer, which shall be allowed as

heretofore. General Rule, 304 QUASI ESTATE TAIL.
12. It is not necessary to file a supple-

mental bill in order to state that an See WILL, 1.
habere has been executed and posses-

şion changed, pending the cause, 306
13. Bill to perpetuate testimony merely,

ought not to be brought to a hearing ;
but if it pray relief, the defendant may

set it down for a dismiss. Vaughan v.


14. Heir at law, defendant in such bill,

has a right to have his costs, tho' he See CREDITOR, 2, 3.
cross-examine plaintiff's witnesses ;
but if he examine witnesses on his own

part, he shall not have costs as to that,

ibid. 1. The registry of deeds, &c. under the
15. After a sale regalarly confirmed, the stat. 6 Ann. 6. 2, is not notice. It

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would be mischierous so to consider

it. Bushell v. Bushell, 92, 97, 103.
Latouche v. Lord Dunsany, and e 1. Legacy to executors to be distributed

137, 157

amongst the poor relations of testator :
2. But the fourth clause of that statute a relation who was poor at the time of

gives to all deeds registered as thereby testator's death, but became rich be-
directed, efficacy in law and equity fore distribution, not entitled. Mahon
according to the priority of the time of v. Savage,


92, 98 2. Poor relation dying before distribution,
3. The provision in this clause (Sect, 4.) his claim is not transmissible to bis

not being contained in the English re- personal representative, - 11
gistry acts, has produced a difference 3. Where a person has a power of dis-
in the decisions,

98, 160 tribution among poor relations, he
(The English cases examined) 99, may distribute among all poor rela-

101 tious however remote : But where the
4. This provision in the Irish act has court is called on to distribute in fail-

given even to articles, if registered, ure of the person so empowered, it
against à legal conveyance, a force will confine itself to relations within
and effect which they have not in the statute of distributions,

5. A mortgage is prevented by the ope- REMAINDER-MAN.

ration of the registry act 6 Ann. c. 2,
from tacking, so as to gain a priority 1. Remainder-man lying by and suffering
against mesne registered incumbran- a tenant to lay out money under an
ces. Latouche v. Ld. Dunsany ; Ld. agreement with tenant for life, without

Dunsany v. Latouche, : 137, 157 giving him notice of his intention to
6. For the purpose of adjusting the pri- impeach his title; a ground of relief

orities between deeds under this act, against the remainder-man. Shannon
judgments also obtain priorities, al- v. Bradstreet,

52, 73
though not generally within the con- 2. After lying by for a length of time,

templation of the act, • 137, 160 remainder-man shall not turn 'round
7. Construction of the words in this stat- the tenant to seek compensation a-

ute, sect. 4. “ according to the right, gainst the assets of tenant for life, 74
“ title, and interest of the person so
“ conveying,"


8. Judgment creditors have no priority

by the registry act, except where pri. 1. A renewal of a lcase for lives taken
ority between deeds is to be adjusted, by tenant for life, iš a trust for the

161 benefit of those in remainder. Bowles
(Sed nota. This position has been de- v. Stewart,

nied by the court of Exchequer. See 2. Renewal of a lease taken by a trustee,
D'Arcy, executor of Burke v. the shall enure to the benefit of cestui que
heir and ter-tenants of Chambers ; trust. Griffin v. Griffin, 352
Appendix, 467)

3. Under the tenantry act, 19 & 20 Geo.

3, c. 30, what shall be deemed rea-

sonable time after demand for paying

renewal fines, must in all cases depend
1. Petition for a re-hearing ought to state on the cricumstances; and circumstan-

the grounds on which it is sought to ces previous as well as subsequent to
re-hear the cause,

398 the demand, are to be taken into the

consideration. Therefore, where the
demand was on the 6th of Oct. a ten-

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der on the 20th of March following

was not within reasonable time; the (SUBSTITUTION OF]
tenant having had intimation for two
years before that payment of the fine See PRACTICE, 9.
was expected, and having neglected to
pay it. Jackson v. Saunders, 443

4, Reasonable time within the act is no

more than what is necessary to give 1. A solicitor is bound to give evidence
the tenant full opportunity for ascer. of his client's hand writing, if requir.
taining when the cestui que vies died, ed; it is no breach of the confidence
for computing the amount of the fine reposed in him by his client, - 226
due, and for preparing leases and ten. 2. A solicitor assisting his client in ob-
dering them for execution : Seinble. taining a fraudulent release, is pro-
* Per Lord CLARE, Freeman v. Lord perly made a party to a bill seeking
Waterford, (note)

454 relief from the fraud; and he shall be

liable to costs if the principal be not


3. Where plaintiff changes his solicitor,
1. Writ of replevin does not lie, unless the former solicitor has no right to

there has been a taking of the goods stop him from proceeding until his
out of the possession of the person who costs are paid. O'Dea v. O'Dea, 315
sues it forth. Ex parte Chamberlain,

2. The writ of replevin is merely meant
: to apply to the case where A. takes 1. A. being in insolvent circumstances,

goods wrongfully from B. and B. ap- suffers another person to become the
plies to have them re-delivered to apparent owner of his farm, though
him, upon giving security, until it shall under a secret trust for him : A. shall
appear whether A. has taken them not have, against the landlord, a spe-
rightfully. But if A, be in possession cific execution of an agreement made
of goods in which B. claims a property, by him with the trustee, the landlord
this is not the proper writ to try that supposing the trustee to have been the
right. Matter of Wilsons, Bankrupts, rightful owner, and confiding in his
! (note): -

321 solvency. O'Herlihy v. Hedges, 123
3. Writ of replevin lies only where there See AGREEMENTS, 1, 2, 3.
: has been an actual taking out of the
a possession of the party suing it. Shan- SPECIFIC LEGACY.

non in replevin v. Shannon, - 324
4. But it lies upon any taking, and not See LEGACY, 6.
merely upon a distress, ibid. 327



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1. Suppression of deeds is tantamount to

spoliation, in respect of raising pre-
sumption against the party suppress-

ing. Bowles v. Stewart,
See ÉQUITY, 5.




else frient:


See AGREEMENTS, 3, 4, 5, 6, 7, 8, 9, 1. Where lands are devised in trust for
10, 12.

payment of debts, the statute of limi.

tationsruns not in equity after the death

of testator, against debts not barred
STATUTE OF LIMITATIONS. thereby at his death. Executors of

Fergus v. Gore,



1. The rule that " a trustee shall gain
See RELATIONS, 2, 3.

“ no benefit for himself,” shall not en-

title a cestui que trust to compel a

party who knew nothing of the trust,

to execute an agreement made with
Sec USURY, 1, 2, 3.

the trustee, and on the credit of his
solvency. O'Herlihy v. Hedges, 123,

2. All persons coming into possession of

property bound by a trust with notice

of the trust, are chargeable in equity as


3. Trustees and their representatives

are chargeable in equity for a breach
1. Tacking prevented by the registry of trust, whether they derived benefit
act in Ireland,

from it or not,


4. Renewal of a lease taken by a trustee,
See REGISTRY, 5, 6.

shall enure to the benefit of the cestui

que trust. Griffin v. Griffin, 352

5. If a trustee conveys to a person with

notice, and takes a re-conveyance, it
See APPEAL, 1. DECREE, 3. operates nothing,

6. So, if the person to whom he conveyed
TENANTS IN COMMON. had no notice, yet on the re-convey:

ance the trust would attach, though it

did not attach on the person to whom

he conveyed : nor would have attach-

ed if that person had conveyed to ano-
ther without notice,

1. The demand required by the tenantry
* act, 19 & 20 Geo. 3, need not be in

writing ; nor is any precise form pre-
scribed for it. Jackson v. Saunders, 443 1. A beneficial lease granted at the same

time with a loan of money by lessee to

lessor, held fraudulent and void, as

affording to the lender, a profit on the

money lent, beyond legal interest.
Browne v. O'Dea,

1. Tenant for life is entitled to the pos- 2. In order to prevent the statute of usury
sossion of the title deeds,

223 applying to such transactions, it ought

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