See Baron and Fême, 10. | ELECTION—continued. Election, 1, 2. DURESS.-See Injunction, 2. E. ECCLESIASTICAL COURT. EDUCATION.-See Maintenance. 1. To compel a widow to elect to take any omission in the decree, that was not the subject of an original bill: As to the merits, that though the assets of A. would be liable to the lessees upon eviction, the benefit of putting a party to election does not extend to a residuary legatee; and that neither D., as a disappointed devisee, nor à fortiori the lessees, could raise that equity against C. holding as tenant by the curtesy under the election, that B. had made, to take her estate tail against the will of A. The bill of D. therefore was dismissed; and that of the lessees retained, in order that, when they should have ascertained their damages, they might have satisfaction from the assets of A.; part of which had been received under his will by C. Earl of Darlington v. Pulteney. Lady Cavan v. Pulteney. Page 384 See Bankrupt, 1. Will, 4, 16. EQUITABLE ESTATE. See Equitable Recovery, 3. Merger. Trust, 3, 4, 5. EQUITABLE RECOVERY. 1. An equitable recovery will not bar a legal estate. 125 2. A legal estate in the equitable tenant to the præcipe is no objection to an equitable recovery. 126 3. Devise to trustees and their heirs in trust to receive and pay over rents and profits to A., a féme covert, for life, for her separate use; and after her decease to convey to her daughters, as tenants in common in tail; remainder over: A. takes an equitable estate for life; and may by lease and release make a tenant to the præcipe for an equitable recovery: each daughter takes a vested estate, when she comes in esse; subject to be devested, as the number increases; the conveyance in execution of the trust need not wait the death of A. Burnaby v. Griffin. 266 4. Analogy between legal and equitable recoveries. See Trust, 4. EQUITABLE REMAINDER. 276 EQUITY OF REDEMPTION. See Mortgage. ESCHEAT.-See Trust, 16. 1. Legacy to Mrs. G. Evidence ad- See Agreement, 3. tute of), 1, 2. Practice, 3, 18, faction, 2. EXCEPTION. 220 Frauds (StaLegacy, 3, 6. 19, 20. Satis 325 An exception of the thing that is the EXCHEQUER (COURT OF.). FIRE.-See Landlord: FORECLOSURE.-See Infant. Mortgage, 7. Practice, 8. FOREIGN STATE. See Jurisdiction, 3, 4. Trust, 11. FRAUD. 1. Bill for specific performance of an agreement to grant a lease to the Plaintiff would, on evidence of his fraud, misrepresentation, and insolvency, have been dismissed with costs, if not compromised. Willingham v. Joyce. Page 168 2. This Court having jurisdiction in personam upon equity arising out of transactions concerning lands abroad, particularly if in the British dominions, a purchase of an estate in the West Indies by a creditor under his own execution was, upon the circumstances, held only a security for the debt, the expences of the proceeding, and incumbrances paid by him, with interest; and subject thereto a Lord reconveyance was decreed. Cranstown v. Johnston. 170 3. Upon a deed of composition, one creditor was prevailed upon by the debtor to represent his debt below the real amount; receiving notes for the dividend upon the remainder, and bonds for the remainder of his debt beyond the amount of the dividend upon the bill of the debtor and a creditor, party to the deed, the bonds were decreed to be delivered up: but the Court was of opinion the Defendant would be entitled to the benefit of the notes, after all the trusts of the deed were satisfied; though not as against the creditors; and directed an inquiry as to that, reserving the question. Eastabrook v. Scott. 456 4. Creditor, at the desire of his debtor, about to marry, gives in a false account of his demand to the father of the intended wife: after the marriage the creditor is bound even as against the debtor. See Bankrupt, 2. Frauds (Statute of), 2. Voluntary Settle ment. 461 FRAUDS (STATUTE OF.) 1. Agreement in writing between landlord and tenant, signed by the landlord, for a new lease to be granted at any time after the completion of repairs to be made by the tenant with all convenient speed: but blanks were left for the day of the commencement: the repairs being completed, the landlord tendered a lease to commence from that time; and on refusal filed a bill: the answer admitted, that the agreement was accepted; but insisted, that the new lease was not to commence till the expiration of the old; and so it was decreed; parol evidence being refused. Pym v. Blackburn. Page 34 2. Provision by will increased upon evidence of the testator's request to the executor and residuary legatee and his promise; upon which the testator refused to make a new will; and said, he would leave it to the generosity of the executor. Barrow v. Greenough. 152 3. Bill by the tenant of a farm for a specific performance of a parol agreement for a new lease, stating improvements made at a considerable expence, and continuance of possession after the expiration of the old lease and payment of an increased rent under the agreement: plea of the Statute of Frauds ordered to stand for an answer with liberty to except. Wills v. Stradling. 378 4. Trust raised by implication from letters, and a paper referred to by them, and in the hand-writing of the party, though not signed or dated; and by operation of law from advances of money. Forster v. Hale. 696 5. The Statute of Frauds requires, not that a trust shall be created by writing, but that it shall be proved by writing; which may be subsequent to the commencement of it. Forster v. Hale. 696 6. The Court has gone too far in taking cases out of the Statute of Frauds on the ground of part-performance of an agreement: the relief ought to have been confined to compensation. 712 2. A. employed by B. to buy smuggled goods pays for them; and they come to the hands of B.: B. shall not pay for them. 373 552 3. Stock transferred as a security for a floating balance, and under an agreement to continue it transferred and re-transferred by the creditor by way of loan: held a sale. Er parte Denison. 4. Contract to be jointly concerned in ship insurances is void by Statute 6 Geo. I, c. 18, s. 12, though the policies are subscribed by the underwriters in their separate names: but though the contract could not be executed, the Court would not exclude the result of it in decreeing a general account(*). Watts v. Brooks. (*) The latter decision over-ruled. 612 INTEREST-continued. shall have the legacy immediately: if not, he must wait, till the legatee would have been twenty-one; and cannot then have the interest. 16 Page 13 4. A wife as well as a child is within the exception to the rule, that a legacy does not bear interest, till it is payable. 5. Legacy from parent to child payable in futuro: if maintenance is given generally, it shall carry interest: but if an annual sum less than the interest is given for maintenance, the executor paying that shall have the rest. 17 6. Interest allowed upon a written agreement to pay by instalments. Parker v. Hutchinson. 133 7. Interest given at law upon a written undertaking to pay, or notes payable, on a day certain: not upon notes payable at a day uncertain, shop debts, &c. 135 8. Upon the ground of an express, maintenance and other indications of the intention the Lord Chancellor inclined to the opinion, that the rule for interest upon a legacy, given by a parent to a child, till the time of payment was not applicable: but the bill of the children was dismissed upon circumstances of acquiescence, laches, and the consequent difficulty of taking the accounts. Mitchell v. Bower. 283 9. Portions under a settlement for younger children were increased by the will of the father: there being an express maintenance of 2 per cent. upon the original portion, the rule for interest upon the legacies does not apply: but the Court continued the 2 per cent. upon them. Long v. Long. 286 10. Interest by way of maintenance upon a legacy in the case of parent and child only. 287 11. Bond and judgment assigned: interest must be calculated to the date of the report, so as not to exceed the penalty. Sharpe v. Earl of Scarborough. INTESTACY.-See Assets, 6. London, (Custom of). Representatives. 557 See Bankrupt, 7, 8, 10, 11, 13. 1. Covenant by joint-tenant to sell 2. Notwithstanding the leaning of late to a tenancy in common, an interest given to two or more either by way of legacy or otherwise is joint, un- less there are words of severance, as equally among" &c. or an in- ference of that sort arises in Equity from the nature of the transaction; as in partnerships, a joint mort- 3. Bequest to two without words of 1. Legacy payable at twenty-one; be- fore which time the legatee dies: a person claiming by limitation over takes immediately: but the adminis- trator of the infant must wait till the time, at which the legacy is payable, unless the whole interest is given. 15 2. Legacy charged upon real estate and payable at a future day sinks as to the real estate by the death of the legatee before the time of pay- |