included in a gift not of "the rents, profits, and income," but of "the income accruing" from unsold realty and unconverted personalty. On the first point, therefore, I do not think that the argument on behalf of the infant ought to prevail. As to the second point, the evidence satisfies me that the business has been retained solely because the trustees have hitherto found it impracticable to dispose of it. I think that the will shews that the testator clearly contemplated the possibility of such a contingency, and I do not see any sufficient grounds for limiting the application of the clause giving to the tenant for life the income of unconverted property, in terms which I have just held to be wide enough to include the profits of the business, to that part of the estate which is subject to the discretionary power to postpone. I think that the testator has shewn that he intends the income of the whole of his unconverted estate for the time being to be paid to the tenant for life, and accordingly I declare the widow to be entitled to the profits, and I direct the costs of all parties to be taxed as between solicitor and client and paid and retained out of the capital of the testator's residuary estate. Solicitors: Stokes & Lewis; C. J. Parker. EVE J. 1910 ELFORD, In re. ELFORD v. ELFORD. END OF VOL. I. G. M. The Mode of Citation of the Volumes of the Law Reports, commencing January 1, 1910, :- Testatrix by her will, after giving certain son. The estate of the testatrix was insufficient to Held, that the proper course for the trustees ADMINISTRATION—continued. purchase of an annuity, as he should choose, and 2. V. Warrington J. 402 Erecutor- Imperfect Gift of Per- The plaintiff lived with and kept house for The plaintiff issued this summons for a - Held, on the evidence, that the plaintiff was See under WILL. ADVOWSON-Union of Benefices-Single Patron -Act of Union-No Provision for alternate Presentation-Order of Exchange-Grant of old Advowson-Construction. By an act of union or deed of consolidation, dated in 1738, the rectory and parish of P. were incorporated with the vicarage and church of D. to all intents and purposes in law whatsoever, constituting and appointing the church of D. to be the mother church to which (together with the rectory of P.) all future incumbents should be promoted, instituted, and inducted. At the date of the union there was only one patron of the two benefices, and no provision was made by the deed for alternate presentation or otherwise. By an order of exchange made in 1890 by the Board of Agriculture under the Inclosure Acts, 1845 to 1878, and the Board of Agriculture Act, 1889, certain lands and hereditaments in the two parishes, including "the advowson of the vicarage of D.," were ordered to be exchanged: Held, affirming the decision of Neville J., that after the union the old advowsons ceased to exist, and that what passed by the order of exchange under the description of "the advowson of the vicarage of D." was the advowson of the new united benefice of D.-cum-P. Robinson v. Marquis of Bristol, (1851) 11 C. B. 241, distinguished. LORD ELCHO . C. A. 706 ANDREWS AFTER-ACQUIRED PROPERTY-Agreement to settle wife's-Gift from husband to wife APPEAL-continued. [1910] Time for appealing-Dismissal of action as frivolous and vexatious-Interlocutory or final order See PRACTICE. 1. APPOINTMENT-Power of. 489 See under POWER OF APPOINTMENT. APPROPRIATION-Bank-Mortgage to secure current account-Subsequent mortgage -Appropriation of payments-Rule in Clayton's Case See MORTGAGE. 1. 648 ASSURANCE. See under INSURANCE. ASSURANCE (LIFE) COMPANY. ATTORNEY. See under SOLICITOR. 12 ATTORNEY GENERAL-Local sanitary authoPollution rity Natural stream - Right of Attorney-General to injunction Discretion 701 See STREAM. 48 BANK-Company-Loan by bank-Insufficient| CASES-continued. Receiver's See COMPANY. 2. remuneration - 519 823 Breach of -262, 270, n. Bradshaw, In re, See LANDLORD AND TENANT. 3, 4. See under STOCK EXCHANGE. BUILDING SCHEME-Restrictive covenants- Right of purchasers inter se-Land transfer Registration - annexed to title Conditions - See VENDOR AND PURCHASER. 3. 325 [1910] 1 Ch. 354 Overruled by C. A. In re NASH [1910] 1 Ch. 1 |