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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

ELFORD.

END OF VOL. I.

G. M.

The Mode of Citation of the Volumes of the Law Reports, commencing January 1, 1910,
will be as follows:-

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Testatrix by her will, after giving certain
pecuniary legacies, bequeathed to her husband
an annuity of one pound a week during his life,
and directed her trustees to appropriate and set
apart and invest such sum of money as would
when invested produce by the income thereof an
annual sum equal to the amount of the annuity
and to apply the income or (if necessary) the
corpus of the fund so appropriated in payment
of the annuity, which sum should on the drop-
ping of the annuity fall into and form part of
her residuary trust estate. And she devised and
bequeathed the residue of her real and personal
estate to her trustees upon trust for sale and
conversion and payment of her debts, funeral
and testamentary expenses, and legacies, and to
invest the moneys which should remain in
certain investments, and to hold such invest-
ments upon certain trusts for the benefit of her

son.

The estate of the testatrix was insufficient to
pay the pecuniary legacies and to set apart a
sum sufficient to answer the annuity to her
husband in full. It was, however, sufficient to
pay the pecuniary legacies and the value of the
annuity as at the date of her death :-

Held, that the proper course for the trustees
to adopt was to value the annuity as at the date
of the death of the testatrix according to the
Government scale and to pay the amount of such
valuation to the annuitant or invest it in the
VOL. I. 1910.

ADMINISTRATION—continued.

purchase of an annuity, as he should choose, and
to pay the pecuniary legacies in full.
Wright v. Callender, (1852) 2 D. M. & G. 652,
applied. In re COTTRELL. BUCKLAND
BEDINGFIELD

Warrington J. 402

Erecutor- Imperfect Gift of Per-
sonalty-Indefinite Gift-Promise to pay in the
Future. Continuing Intention to Give Donee
appointed one of Donor's Executors-Perfected
Gift.

The plaintiff lived with and kept house for
her father, and frequently asked him to pay her
a salary as housekeeper. In 1902 he gave her a
document, whereby he declared that from and
after September 30, 1902, she should receive from
his business 27. per week, or about fifty-two sums
of equal amount per annum, and also an addi-
tional sum of 21. a week, to remain in the busi-
ness and to be withdrawn by her, if necessary,
after an investment lasting for five years, with
increase of 5 per cent. per annum. The 21. a
week was never paid, but she received from her
father various sums amounting to 787. 10s. In
1905, at his request, she gave back the document
so that he might consult a solicitor about it and
see that there should be no doubt of her getting
the money; and she found it amongst his papers
after his death. By his will the father appointed
the plaintiff to be an executrix and directed that
his estate should be equally divided between his
children.

The plaintiff issued this summons for a
declaration that she was entitled as a creditor
to have the amounts specified in the document
paid to her out of the estate, or that her father
had constituted himself a trustee of the property
specified in the document, or, thirdly, that the
gift of the document coupled with her appoint-
ment as executrix was a complete gift of the
amounts specified in the document :-

Held, on the evidence, that the plaintiff was
not a creditor of the testator's estate in respect
of the sums mentioned in the document; that
the testator had not constituted himself a trustee
of them for her; and, on the third point, that
3 K
1

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