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See Baron and Fême, 10. | ELECTION—continued.

Election, 1, 2.

DURESS.-See Injunction, 2.

E.

ECCLESIASTICAL COURT.
See Marriage, 4.

EDUCATION.-See Maintenance.
ELECTION.

1. To compel a widow to elect to take
under a will or dower, her claim to
dower must be inconsistent with the
will. Strahan v. Sutton. Page 249
2. Devisee dies in the life of the de-
visor, and the estate descends: the
devisor's widow being entitled by the
will to a provision in bar of dower
must elect.
337
3. A., tenant in tail with power to lease,
remainder to B., wife of C. in tail,
conceiving himself to have obtained
the fee under a void execution of a
power, made leases exceeding his
power; reciting, that he was seised
of the freehold and inheritance, and
covenanting for quiet enjoyment
against any act or default of himself
or those claiming under him; A. de-
vised the said estates and others to
B. for life; remainder to trustees to
preserve contingent remainders; re-
mainder to her first and other sons
in tail male; remainder to her
daughter and her first and other sons,
and to D. and his first and other
sons, successively in the same man-
ner; and gave to B. and C. other
benefits by his will; and gave the re-
sidue to D.; who filed a bill to have
the will established: B. elected to
take her estate tail in opposition to
the will; which the Master reported
to be for her benefit: After her
death C., who had taken under the
will, claimed as tenant by the cur-
tesy, and brought ejectments against
the lessees; some of whom had ex-
pended considerable sums upon their
tenements: Upon bills by D. and the
lessees the Lord Chancellor was of
opinion as to the form of D.'s bill,
there was great weight in the objec-
tion, that the whole was arranged in
the former cause; and if there was

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.
See Trust, 4.

276

EQUITY OF REDEMPTION.

See Mortgage.

ESCHEAT.-See Trust, 16.
EVIDENCE.

1. Legacy to Mrs. G. Evidence ad-
mitted. Abbot v. Massie. Page 148
2. A declaration of uses by the founder
of a charity presumed from an entry
in an antient book, purporting to be
such declaration, but without signa-
ture or date: the book being kept
by the trustees for entering their
proceedings; and containing an or-
der by the trustees, dated six years
after creation of the trust, that the
declaration be then entered as a di-
rection to the trustees. Attorney Ge-
neral v.
Boultbee.

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
subject of the gift, is void.
See Practice, 4, 5.

EXCHEQUER (COURT OF.).
See Practice, 19.

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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

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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

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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

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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.

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