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tion, an answer is put in, swearing in
such a manner that an injunction can-
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
PRACTICE, 1, 8.
See GREAT ŞEAL, 1.
See Costs, 4.
1. Purchase money remaining in the pur-
chaser's hands to pay off incumbrances,
infancy to excuse the non-assertion of 2. Interest on the arrear of an annuity
bequeathed to a married woman for
her sole and separate use, not giverf,
though the fund was productive, and
though there was a large residuum.An-
derson v. Dwyer,
1. To be settled by the master,
8 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 prote that such assign-
ment was in trust for the conusor, the
judgment being satisfied, A.cannot set
it up against creditors. But if A.tock
it without knowing of the fraud, hve
shall be satisfied by the person who
See PAPIST, 3.
REGISTRY, 6, 7.
“ if she does not marry without the
6c consent of her frustees, the sum of
“ 4001. 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
legacy therefore contingent until then :
nor to interest, because the legacy is
ficient ground of implication that in-
terest was intended in the mean time.
Ellis v. Ellis,
out of a personal fund, be-
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 pro-
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 ofthe legacies untillong after ;
and if the fund is productive within the
year, the intermediate profits belong
4. But if the legacy be charged on lands,
interest is payable from the death of the
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. Mahon v
6. A specific legacy cannot, in a subse-
quent part of the will be charged with
payment of debts and legacies,
GRANDFATHER and GRANDCHILD,
PARENT and CHILD, 1.
eldest son, bequeaths him a trifling an- 1. Purchase money unpaid, is prima facie,
a lien on the lands sold ; and if a secu.
rity is taken for that money, it lies on
the vendee to shew that the vendor ing in such a situation that the de-
thought fit: he shall not avail himself
tee for part of the purchase money, out ceeding in bar of the relief sought.
LIMITATIONS, (STATUTE OF) See GREAT SEAL, 1.
1. 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 titles 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.” The
venient mode of settlement,
lives of B. and C. and a charge for a
&c.: The limitation to the issue is not
to await the deaths of A. B. C. and D.
A. subject to the charges for B. C. and
D. Bushell v. Bushell,
Of changes on the Bench, &c. 136, 239
See EVIDENCE, 3, 4,
“ at any time thereafter during his
“ life be qualified by law so to do."
mortgagor's title deeds, lodged them carry these articles into execution.
take an account 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 enforcing 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-
however small the maintenance, and
however large the legacy. Elie 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
*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
right. Bond x. 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
shall be quashed; if beyond its con-
nothing is done. Defective execution require relief which cannot be had by
63 are granted, if cause be not shewn on