PRACTICE-continued. 9. A married woman living in America being entitled to a legacy, a commission to examine her would have been directed; but as she had been examined under a commission issued by the American Government, that was considered sufficient. Campbell v. French. 321 10. Where there is only one Defendant, after all the process of contempt for want of an answer the bill may be ordered to be taken pro confesso upon motion. Seagrave v. Edwards. 372 11. The Court cannot decree against a title in the Crown apparent on the record, though not insisted on at the hearing. Barclay v. Russell. 424 12. A Court of Law could not give judgment against the title of the Crown appearing on the record. |PRACTICE-continued. them before the examiner ; which is the same as a Subpæna to answer, but the label expresses the purpose; upon an examination in the country the body of the writ expresses, that it is to testify. Parkinson v. Ingram. 603 19. The decrees in the Exchequer always express, that the officer is to be armed with a commission to examine witnesses, and power to direct the same to the country; so formerly in Chancery. 607 After a decree, if the Master see cause for a commission to examine witnesses in the country, he certifies, that it is necessary; and the depositions, when returned, are filed by the Six Clerks but depositions taken before the Master are kept in their offices. 607 20. See Title. 436 PRESUMPTION.-See Evidence, 2. 13. Defendant in confinement under 15. Defendant on motion ordered to 572 16. Exception to the Master's appointment of a receiver disallowed. Wilkins v. Williams. 588 17. Under the order 18th June, 1668, regulating the office of Six Clerks they are entitled to receive their proportion of the fee from the sworn clerk, though he has given credit to the client. Ex parte The Six Clerks. 589 18. After a decree the Master may examine witnesses; but ought 2. 1. A party attending an arbitrator under an order of the Court is privileged from arrest. Moore v. Booth. 350 The privilege of a bankrupt from arrests during his examination extends to an attachment for not paying money under an award made a rule of Court. Ex parte Parker. 554 PURCHASE.-See Bankrupt, 14. Baron and Feme, 9. Jurisdiction, 1. Will, 43. PURCHASER, WITHOUT NOTICE. Bill by tenant for life in possession for discovery and delivery of the title-deeds: plea a mortgage in fee by a former tenant for life, alleging himself to be seised in fee, without notice, ordered to stand for an answer with liberty to except. Strode v. Blackburne. Q See Charity, 9. not to do so by his clerk; the QUEEN ANNE'S BOUNTY. 222 R REAL ESTATE.-See Assets. Charge. RECEIVER. The trustee cannot be receiver. Anonymous. 515 See Practice, 14, 16. Sequestration, 2. RECOMMENDATION BY WILL. See Vested Interest, 3. RECOVERY. See Equitable Recovery. Fine. REDEMPTION.-See Mortgage. REGISTER'S OFFICE. Qu. Whether the office of Register of the Court of Chancery is assignable.* 334 REGISTRY ACT. A registered conveyance of premises in Middlesex for valuable consideration established against a prior devise not registered; the evidence of notice, which ought| to amount to actual fraud, not being sufficient. Jolland v. Stainbridge. 478 RELATIONS.-See Will, 20, 21. REMAINDER. See Cross Remainder. Equi- table Recovery, 1. Limitation over. Tenant for Life, 1. REMOTE LIMITATION. See Perpetuity. RENEWAL. See Landlord and Tenant, 2, 3, 4. REPRESENTATIVES. 1. Money settled in trust to be paid according to the appointment of A. and in default thereof to his legal representatives according to the course of administration A. by will in pursuance of the power appoints to his legal representatives according to the course of administration; and makes a residuary legatee, whom he appoints one of his executors. Upon the will the next of kin are entitled. Jennings v. Gallimore 146 See post, vol. v. 433. REPRESENTATIVES-continued. 2. Testator gave his wife real and personal estate in bar, full satisfaction, and recompense of all dower or thirds, which she can have or claim in, out of, or to, all or any part of his real and personal estate, or either of them; he gave the residue to four persons; and afterwards by a codicil he directed them to dispose thereof in charities: part of the residue being invested in real securities goes according to the Statute as undisposed of; and the widow is not barred. Pickering v. Lord Stamford. 332, 492 3. Testator gave real and personal estate to one daughter in satisfaction of her child's part of whatsoever more she might have expected from him or out of his personal estate; he also gave a provision to his wife in full of her dower, thirds, or other claim at Law or in Equity or by any local custom to any other part of his real or personal estate : the residue to his other daughter: upon her death in his life he by codicil gave it according to the appointment of his wife: the power not being duly executed, the residue goes according to the Statue as undisposed of; and the widow and daughter are not barred. 335 4. Devise to A. and his wife for life; and after the death of the survivor, upon trust to sell and apply the produce to and among all and every the issue child or children of A. by his said wife and their representatives equally the fund belongs to the children surviving the testator, but the issue of a daughter, who died in the life of A. are entitled as representatives against the claim of their father as administrator. Horsepool v. Watson. 383 5. Neither an heir at law nor next of kin can be barred by any REVOCATION. Trust, 7. Cator. would repel the presumption of satisfaction between strangers, are not sufficient in the case of parent and child. Sparkes v. 530 5. A negotiable bill of exchange not satisfied by a legacy. Carr v. Eastabrooke. 561 6. Nothing presumed in favor of the rule, that a debt is satisfied by a legacy equal or greater. 564 SEPARATE CREDITORS. See Bankrupt, 10, 11, 13. Set-off. Costs, 1. SEPARATION. See Charity, 7. SATISFACTION. 1. Slight circumstances are laid hold of to get rid of the rule, that a legacy to a creditor extinguishes the debt: but a little difference between a portion and a legacy to a child as to the time of payment shall not prevail against the presumption of satisfaction. 466 2. Portions for children by the will of the parent presumed a satisfaction of a prior provision by settlement, unless clearly not so intended the presumption is not rebutted by slight circumstances accounts in the testa See Baron and Feme, 4, 5, 6. | SEQUESTRATION. 1. Bill for an account taken pro confesso against surviving executor and devisee in trust; and leasehold estates taken under a sequestration for want of an answer the Court would not order the sequestrators to sell; but directed them to apply the profits. The Court also ordered the dividends of money in the bank on the testator's account to be paid under the will; but could not order the bank to transfer before the Act 36 Geo. III. c. 90. Shaw v. Wright. 22 2. Appointment of a receiver in the place of the sequestrators discharges the sequestration. Ib. 3. The Court will sell perishable commodities, rents paid in kind, or the natural produce of a farm, under a sequestration. 23 tor's hand-writing were admit- SERVANT.-See Maintenance, 2. ted as evidence of the circum- SET-OFF. stances, under which he made 516 At law there can be no set-off between joint and separate debts. See bankrupt, 13, 15. 248 See Illegal Contract, 2, 7. 529 | SPECIFIC 3. The Court will lay hold of any SIX CLERKS.-See Practice, 17. circumstances to get out of the SMUGGLING. rule, that a debt is satisfied by an equal legacy. 4. Portions for children by the will of the parent held a satisfaction of a provision by settlement upon the intention : slight circumstances of difference, that QUEST. 1. Bequest of stock : if the testator has it at the time, it is specific; and any act destroying it proves an intention to revoke. If a SPECIFIC DEVISE AND BE-TITLE-continued. charges, were not parties to the suit the Lord Chancellor was of opinion, they ought not to be parties to the conveyance : and if they were, their covenant ought to extend only to their own acts and those of the devisor; not to a general warranty, without a special contract for it: but as the point must come properly upon objections to the conveyance, the exception was over-ruled upon the form. ception, that the persons entitled to the purchase-money subject to the charges, were not parties to the conveyance, over-ruled. Wakeman v. The Duchess of Rutland. 233, 504 TITLE-DEEDS. Ex Title-deeds are incident to the possession of a freehold estate. 225 See Pleading, 2. Purchaser, without Notice. TRUST AND TRUSTEE. 1. The Court will decree a specific chattel to be delivered up without measuring the value, where, from its nature, there can be no compensation by damages. In this instance, the Defendant retained possession after the expiration of a limited time, for which he had received it upon a special trust and an express engagement to restore; and an action, which had been brought, was rendered ineffectual by the release of two of the owners combining with the defendant. Fells v. Read. 70 2. Under a commission of charitable uses it was agreed, that copyhold lands formerly surrendered for maintenance of a minister in W. chapel should be let, and the rents employed towards maintenance of the minister to be chosen and appointed by the inhabitants, and presented and allowed by the lord of the manor; who upon com TRUST AND TRUSTEE tinued. con-TRUST AND TRUSTEE tinued. plaint might give the minister half a year's warning; and if he had not reformed by that time, might remove him; the information prayed that the lord might be decreed to allow and approve the candidate, who had the majority of votes: which was refused on the ground of misconduct; and the evidence clearly proving it, a new election was directed; upon which the same candidate being returned, and producing strong affidavits of good conduct for the last six years, the decree stating the affidavits declared, that in consequence of them the relator deserved the approbation of the trustees. Attorney General v. The Marquis of Stafford. 77 3. A limitation that will create an intail at law, will have the same effect upon an equitable estate; therefore a devise in fee to pay debts, and then to the use of A. in trust for B. for life, remainder to the heirs male of his body, is an estate-tail in B. Brydges v. Brydges. 120 4. To create a merger of the equitable in the legal estate by their union, the interest in each must be the same; an equitable recovery therefore barred an equitable remainder in tail in the person, who had the whole legal fee. Brydges v. Brydges. 120 5. Analogy between legal and equitable estates. 127 6. Trustees having laid out the fund upon a bad security obtained from the debtor under circumstances unfavorable and to the prejudice of other creditors a charge on his estate under a power; their bill to enforce the charge against the son, tenant in tail under the marriage settlement, was dismissed with costs. Bradbury v. Hunter. 187, 260 - con 8. Settlement of the wife's estate to such uses as the husband and wife or the survivor should appoint by deed or will with three witnesses; in default thereof, to the heirs of the husband: the wife surviving made a disposition by her will to a charity, and therefore void; decreed to the heir of the husband. Attorney General v. Ward. 327 9. No act of the trustee can vary the right of the cestuy que trust: but his situation may; as where the cestuy que trust is his heir, the right to dower depends upon which dies first. 341 10. Covenant in a marriage settle ment to settle leasehold estates in trust for such persons and such and the like estates, ends, intents, and purposes, as far as the law would allow, as declared concerning real estates limited to the first and other sons in tail male, with several remainders: the Court in executing the covenant declared, that no person should be entitled to the absolute property, unless he should attain twenty-one, or die under that age leaving issue male. Duke of Newcastle v. The Countess of Lincoln. 387 11. Bank stock was purchased by the Government of Maryland before the American war, and vested in trustees for the discharge of certain bills. After the peace upon a bill under an |