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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
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
and setting up a false title (under co- husband during his life, ibid.
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-
by deed, and to the survivor by will of motions afterwards; notice of such
children. Wilkie v. Holmes, (note) 60 troul it shall be superseded. Le88cc
nothing is done. Defective execution require relief which cannot be had bý
are granted, if cause be not shewn on
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
178 surprise. Executors of Fergus v.
178 suit, for the purpose of appealing.
237 WILLS, (proving of) 1.
parties are out of the jurisdiction and SOLICITOR, 1.
allowed, the bill shall be dismissed,
heretofore. General Rule, 304 QUASI ESTATE TAIL.
mental bill in order to state that an See WILL, 1.
şion changed, pending the cause, 306
ought not to be brought to a hearing ;
has a right to have his costs, tho' he See CREDITOR, 2, 3.
ibid. 1. The registry of deeds, &c. under the
would be mischierous so to consider
amongst the poor relations of testator :
gives to all deeds registered as thereby testator's death, but became rich be-
92, 98 2. Poor relation dying before distribution,
not being contained in the English re- personal representative, - 11
98, 160 tribution among poor relations, he
101 tious however remote : But where the
given even to articles, if registered, ure of the person so empowered, it
ration of the registry act 6 Ann. c. 2,
Dunsany v. Latouche, : 137, 157 giving him notice of his intention to
orities between deeds under this act, against the remainder-man. Shannon
templation of the act, • 137, 160 remainder-man shall not turn 'round
ute, sect. 4. “ according to the right, gainst the assets of tenant for life, 74
by the registry act, except where pri. 1. A renewal of a lcase for lives taken
161 benefit of those in remainder. Bowles
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
the grounds on which it is sought to ces previous as well as subsequent to
398 the demand, are to be taken into the
consideration. Therefore, where the
der on the 20th of March following
more than what is necessary to give 1. A solicitor is bound to give evidence
454 relief from the fraud; and he shall be
liable to costs if the principal be not
3. Where plaintiff changes his solicitor,
there has been a taking of the goods stop him from proceeding until his
goods wrongfully from B. and B. ap- suffers another person to become the
321 solvency. O'Herlihy v. Hedges, 123
non in replevin v. Shannon, - 324
1. Suppression of deeds is tantamount to
spoliation, in respect of raising pre-
ing. Bowles v. Stewart, •
See PRACTICE, 15.
STATUTE OF FRAUDS.
payment of debts, the statute of limi.
tationsruns not in equity after the death
of testator, against debts not barred
Fergus v. Gore,
1. The rule that " a trustee shall gain
“ 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
the trustee, and on the credit of his
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
4. Renewal of a lease taken by a trustee,
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
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-
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.
223 applying to such transactions, it ought