ASSETS-continued. being otherwise disposed of than by 2. Under a devise to sell and pay debts and funeral expences the per- sonal estate was exempted without any express words upon the evident intention. Burton v. Knowlton. 107 3. Where there is an express direction in a will, that the debts, &c. shall be paid out of the real estate, the person, to whom the personal is 4. To exempt the personal estate under a devise for payment of debts the intention must appear plainly on the will and the Court cannot look to 114 5. Though a general charge of debts upon a devised estate will not pre- vent the previous application of an estate descended, yet if the devised estate is selected and appropriated to the debts, it is liable before the estate descended: but this arrange- ment does not bind the creditor. 6. The personal property of an intes- tate, where situated, must be dis- tributed by the law of the country, where his domicil was; which is prima facie the place of his resi- dence: but that may be rebutted 8. To exempt personal estate from debts the intention must be manifest. 9. Real estates devised held liable to simple-contract debts under a direc- tion in the beginning of the will, that debts and funeral expences should be first paid: that, which descended to the heir by the failure AUCTION. 1. At an auction one person only bids 624 BANKRUPT-continued. ceeded for two terms; the Plaintiff then proved his debt under the commission; and before a dividend took the bankrupt in execution in a fresh action: the bankrupt's petition for an order on the Plaintiff to release him was dismissed. Ex parte Callow. Page 1 2. Costs personally against an uncertificated bankrupt in a case of fraud and misconduct. Lock v. Bromley. 40 3. Security made by a debtor insolvent, his effects under execution, and not two months before bankruptcy, upon a previous application of a creditor ignorant of those circumstances; the Lord Chancellor thought it valid; but permitted the assignees to bring an action. Ex parte Scudamore. 85 4. Delivery of effects in contemplation of bankruptcy to a creditor, though standing perfectly bona fide, is bad, if voluntary and without pressure. 88 5. Annuity by will charged upon real estate for A. for life, payable to him only, upon his own receipt and no other, and to cease immediately on alienation, ceases by the bankruptcy and bargain and sale of the estate of A. Dommett v. Bedford. 149 6. Assignees of bankrupt taking his wife's fortune out of the Court must make a provision for her. They consented to give her half. Brown v. Clark. 167 7. Upon petition of joint creditors to be admitted to prove under a separate commission it was ordered, that they shall be admitted; but not to receive a dividend; and that the dividend shall be reserved, till an account is taken of what they have or might have received from the partnership effects. Ex parte Elton. 238 8. Joint creditor a good petitioning creditor under a separate commission. 239 9. Commission of bankruptcy is not now treated as an execution at law; for the distribution is equitable. 239 10. Separate creditors cannot take a dividend upon the joint estate rate BANKRUPT-continued. ably with the joint creditors: each estate is applicable to its own debts. Page 240 11. In bankruptcy the usual directions. are to apply the funds, respectively; the joint to the joint debts, the separate to the separate debts; the surplus of each to the creditors remaining on the other. 241 12. Accommodation bills upon the bankruptcy of the drawer were fully paid by the acceptors to the holder; who having a farther demand under the commission proved for the whole, including the bills: he may take out of the dividend upon the bills the proportion, he would have received upon the residue of his debt beyond the bills, if the debt for the bills had been expunged: the rest of the dividend on the bills belongs to the acceptor. Ex parte Turner. 243 13. Separate commission of bankruptcy against one partner: the other paid the joint debts: a debtor to the partnership being also a separate creditor of the bankrupt was allowed upon petition to set off against the bankrupt's share of the joint debt, and to prove the residue of his separate debt, the solvent partner consenting to receive his share. Er parte Quintin. 248 14. Bankruptcy of a person, who has agreed to purchase, does not discharge the contract. 255 4. Trust in a deed of separation to permit A. to receive the dividends of stock for the maintenance and support of the wife, with a covenant of indemnity to her husband: a grant by her of an annuity out of the dividends was held void. Hyde 5. Qu. Whether a married woman, having a separate maintenance, can 6. A married woman living apart from 1. Husband claiming his wife's fortune 3. Testator gave 1000l. stock to a mar- ried woman for her separate use, and whenever she should die, to be absolutely in her own power to dis- pose of by will or writing purporting to be her will to any person or per- sons, purpose or purposes, she should think proper: but in case of failure of any such disposition or appointment, to go over: this is not a power, but an absolute gift, qua- lified only to exclude the husband upon the death of his wife: there- 445 7. Settlement upon marriage of the 467 8. Husband's interest by marriage in his wife's personal property, chose in action, or equitable interest. 469 9. Settlement of the property of a Court, and of all the dividends and interest accrued, directed in opposi- tion to an assignment by the husband for valuable consideration. Like v. 10. Dower barred by settlement pre- vious to marriage, but during the infancy of the wife, of stock and leasehold property, partly the hus- 1. Where a charity cannot be execut- ed, as directed, but the general pur- pose appears distinct, and may be in substance attained by another mode, it shall be executed Cy pres: but a personal bequest attached to a void charity, as an endowment, 155 2. The Court will not execute a power given by the testator to trustees to continue his charities or to give any others, they should think fit. Coxe 3. In administering a charity, though a particular intention fails, the ral intention shall be executed Cy 4. A college, devisee in remainder after estates for lives, in trust for purposes partly for their own bene- fit, and very specific with respect to them, held not to have accepted the devise by acts done merely to pre- serve the fund; and refusing to ac- cept after the death of the tenants for life, the Master was directed to receive a proposal, in order to have it determined, whether it could be 633 CHESTER. Chester not having been within the pro- 203 To entitle the widow of an officer in the East India Company's service to Lord Clive's bounty, the marriage must have taken place before he re- tired from the service. M'Kenny 1. A condition inconsistent with the gift is void; therefore upon a bequest to A. for life; and at his decease to his heirs, executors, &c. but if he attempts to dispose of the principal, over, he takes the absolute interest; CONDITION-continued. 2. Condition, that tenant in fee shall not alien, or that tenant in tail shall not suffer a recovery, is void. Page 325 See Exception. Limitation over. Marriage, 1. CONSIGNEE.-See Practice, 2. CONSTRUCTION. A legal instrument is not to be construed by the acts of the parties. Baynham v. Guy's Hospital. 295,694 CONTINGENCY. See Legacy, 4, 5, 9. Will, 3, 5. COPYHOLD. 1. The idea of supplying a surrender began after the Statute of Charitable Uses. 69 2. Copyholder having power to bar the widow's free-bench by surrender, any act by him for valuable consideration will bar her in Equity: Brown v. Raindle. 256 3. Whether Mandamus to the lord to admit to a copy hold lies, quære. 754 See Parent, 1. Trust, 16. Will, 4, 15. COSTS. Revivor for costs only on the death of the Plaintiff, entitled to them, though before the Report, and they were not to come out of a particular fund. 195 Morgan v. Scudamore. See Bankrupt, 2. Practice, 5. COVENANT. Construction of covenants the same in Equity as at Law: but Equity will relieve against a strict performance upon equitable circumstances, and no wilful default. CREDITOR. 692 See Agreement, 4. Assets, 5. Bankrupt. CROSS REMAINDER. Cross remainders implied. Burnaby v. Griffin. See Will, 23. CROWN.-See Practice, 11, 12. CURTESY.-See Election, 3. 266 CUSTOM. See Chester. London. York. CY PRES.-See Charity, 1, 3, 4, 6. Though a formal mistake in a deed may be rectified by articles, of which it purports to be an execution, essential additions cannot be made to a conveyance from articles, of which it does not purport to be an execution: nor can the transaction be rescinded by the Court. Mosely v. Virgin. See Illegal Contract, 6. 184 Title The ground of a demurrer must be a short point; upon which it is clear, the bill would be dismissed with costs at the hearing; therefore upon a bill by assignees of a bankrupt for specific performance of an agreement previous to the bankruptcy to grant a lease, the case consisting of a combination of circumstances, the evidence might sustain the relief with some modification: upon which a demurrer was over-ruled. Brooke v. Hewitt. 253 See Pleading, 1, 2. DESCENDANTS.-See Issue, 1. DEVISE.-See Will. DISCOVERY. 1. Mortgagee of an estate, partly in settlement, must discover the boun225 daries. 2. Pawnee of a bailee must discover so as to enable the owner to bring an action. See Pleading, 1, 2. DISTRIBUTION. See Representatives, 2. Qualities of a donative.. 226 80 |