THE CONVEYANCER. VOL. IV., No. 1. JULY. 1918. THE CONVEYANCER is published monthly and is obtainable through the Law Booksellers or Stationers, or direct from the Publishers. COMMUNICATIONS respecting matters of an Editorial nature should be addressed to The Editor of the Conveyancer," at 3 Chancery Lane, London, W.C. 2. CONTRIBUTIONS or manuscript forwarded with a view to insertion in the publication must be sent at the risk of the sender, although every effort will be made to return drafts or unsuitable copy. SUBSCRIPTION RATES:-Annual Subscription (payable in advance), £1 10s., inclusive of Inland Postage; Single Copies, 2s. 9d. (postage 2d. extra). EDITORIAL AND PUBLISHING OFFICES:-3 Chancery Lane, London, W.C. 2. Notes of Recent Cases. Relief will be granted to an underlessee under sec. 4 of the Conveyancing Act, 1892, where the lease has been forfeited as against the lessee for breaches of a covenant to repair, even though the underlessee has himself been guilty of breaches of a similar covenant. Hurd v. Whaley ([1918] 1 K. B. 448). In an action between a landlord and tenant on a covenant to repair, it was held that evidence of a custom which was inconsistent with the terms of the lease was inadmissible. Westacott v. Hahn ([1918] 1 K. B. 495). Where there is a gift for a particular charitable purpose, and that purpose fails, and no general paramount charitable intention is to be inferred from the will, then the cyprès doctrine is not applicable and the charitable bequest fails. Packe, In re ([1918] 1 Ch. 437; 87 L. J. Ch. 300). A testator, having by an antenuptial settlement covenanted that if his wife survived him his executors would make up the income derived by her from the settled property to £1,000, less income tax, by his will, directed his executors to pay his debts and legacies and invest his clear residuary estate," and pay the income to his wife for life. The income of the residuary estate with the settlement VOL. 4. income amounted to more than £1,000, less income tax. Astbury, J., applying Goldsmid v. Goldsmid (1 Swanst. 211), held (a) that the direction to pay debts did not include the liability under the covenant, and (b) that there had been a performance on the part of the husband's estate of all liability under the covenant. Hall, In re ([1918] 1 Ch. 562). The order of Eve, J., in Swain, In re (referred to on p. 89 (Mag.) of vol. 3), was discharged by the Court of Appeal upon the terms of a compromise which was sanctioned by the Court on behalf of infants ([1918] 1 Ch. 574). gage Interest (War Restrictions) Act, 1915, shall have effect as if at the end thereof the following provision was inserted: For the purposes of this sub-section the expression landlord" shall not include any person who since the thirtieth day of September nineteen hundred and seventeen has become landlord by the acquisition of the dwelling-house or any interest therein otherwise than by the devolution thereof to him under a settlement made before the said date, or under a testamentary disposition or an intestacy, and the provisions of the said sub-section with respect to orders made but not executed before the passing of that Act shall apply to orders made but not executed before the passing of this Act, as if this Act had been substituted for that Act in the said sub-section: Provided that this enactment shall not apply to any case where the Court is satisfied by certificate of the Board of Agriculture and Fisheries (or as regards premises in Scotland by the Board of Agriculture for Scotland, or in Ireland the Department of Agriculture and Technical Instruction for Ireland) that the premises in question are required for the occupation of a person engaged or employed in agricultural work of urgent national import ance. 2. Short title.-This Act may be cited as the Increase of Rent, &c. (Amendment) Act, 1918. [Section 1 (3) of the principal Act provides that no order for the recovery of possession of a dwelling-house to which the Act applies or for the ejectment of a tenant therefrom shall be made so long as the tenant continues to pay rent at the agreed rate as modified by the Act and performs the other conditions of the tenancy, except on the ground that the tenant has committed waste or has been guilty of conduct which is a nuisance or an annoyance to adjoining or neighbouring occupiers, or that the premises are reasonably required by the landlord for the occupation of himself or some other person in his employ or in the employ of some tenant from him, or on some other ground which may be deemed satisfactory by the Court making such order, and where such order has been made but not executed before the passing of the Act (that is, December 23, 1915), the Court by which the order was made may, if it is of opinion that the order would not have been made if that Act had been in operation at the date of the making of the order, rescind or vary the order in such manner as the Court may think fit for the purpose of giving effect to the Act.] Discretion of Trustees. As samples of dexterous draftsmanship, the clauses in the precedents of wills contained in Key and Elphinstone's Compendium (10th edit., p. 872 et seq.), conferring various powers on trustees, decidedly merit distinction. That eulogy may particularly be pronounced concerning the clauses which give power to allot specific property in satisfaction of a legacy and to postpone conversion, and which declare how the income of real and personal estate is to be treated until conversion. We refer to those especially, not only because they are of a common form variety, but also because their intent and meaning was recently the subject of much discussion in the Court of Appeal, consisting of Lords Justice Swinfen Eady, Bankes, and Warrington, on appeal from the decision of Mr. Justice Younger, in the case of Re Charteris; Charteris v. Biddulph ([1917] 1 Ch. 377; 86 L. J. Ch. 341; on app. [1917] W. N. 221). Provisions of the Will. In that case a testatrix devised and bequeathed to trustees her residuary real and personal property upon trust to sell and convert the same into money, and out of the money to arise from such sale and conversion to raise the clear sum of £230,000, and to invest in manner authorised the said sum; and she declared that "all or any part" of the said sum which should not for the time being have been raised or appropriated should bear interest from her death at the rate of 3 per cent. per annum; and she declared that her trustees should stand possessed of the said sum, and the investments for the time being representing the same (thereinafter designated the trust fund'), upon trust to pay, as from the date of her death, the income of the trust fund to her son Richard during his life, and after his death to hold the same on the trusts |