6. (Same.) The mere circumstance of a defendant incorporating a deed in his answer, whether by reference to the schedule or otherwise, is not a ground for compelling its production, if in other respects such production would be inequitable. S. C. 7. (Impertinence.) Prolixity in an answer is impertinence, but it is a question of degree. Therefore, in a bill for an account of money transactions between the plaintiff and the defendant, it having been required that the defendant should set forth in a schedule a variety of minute particulars concerning certain securities which were alleged to have been deposited with him: Held, that setting forth the information required in a schedule with columns was not impertinent. (Bally v. Williams, 1 M'Clel. & Y. 334.) Gompertz v. Best, Y. & C. 114.

SPECIFIC PERFORMANCE.

In a correspondence between lessor and lessee respecting the granting of a new lease to the lessee, the latter having spoken of the renewal of the old lease, the lessor did not object to this expression, but adverted to other topics connected with the subject. On a bill filed for the specific performance of the agreement för renewal alleged to be contained in these letters: Held, that there was sufficient evidence to warrant the continuance of an injunction. Price v. Assheton, Y. & C. 82.

TENANT IN TAIL.

(Recovery-Resulting use.) A recovery by tenant in tail, without a declaration of use, enlarges the estate into a fee; and if uses are declared which cannot take effect, the tenant in tail takes an estate in fee. Tanner v. Radford, Sim. 21.

WILL.

1. (Construction.) A testator directed his real estates to be settled on certain persons in strict settlement, and that there should be inserted in the settlement so to be made, powers of leasing, sale, partition, and exchange. "And my will is, that in such intended settlement shall be inserted all such other proper and reasonable powers as are usually inserted in settlements of the like nature:" Held, that a power to appoint new trustees was proper and reasonable. Lindon v. Fleetwood, Sim. 152.

2. (Same.) A testator, after giving specific and pecuniary legacies, directed that A. and B. should divide, equally, any moneys which might remain to his account after payment of his debts and pecuniary legacies. The testator at the date of his will, and at his death, had money accounts subsisting between him and his bankers, and other persons: Held, that the general residue did not pass, but only the balance due on the accounts after payment of the debts and legacies Hastings v. Hane, Sim. 67.

3. (Same.) A testatrix devised all her messuages situate in Denmark

Court. She had five houses situate in the Court, and another which fronted towards the Strand, and formed one side of a covered passage leading to where the five were situate, and which had attached to the back of it an outbuilding abutting on ground in Denmark Court: Held, that as there were houses satisfying the description, the house fronting the Strand did not pass. (Doe v. Greening, 3 M. & S. 171. Newton v. Lucas, Sim. 54. 4. (Construction—Representatives.) A testator bequeathed to A., his daughter's husband, his executors and administrators, a sum of money, in trust to pay the interest to the daughter for life, and after her death to such persons as she should appoint by will, and in default of appointment to her personal representatives. The daughter died without having made any appointment, and afterwards A. died without having taken out administration to his wife: Held, that his executors and administrators were excluded from all beneficial interest in the fund. (Baines v. Otley, 1 M. & K. 485.) Robinson v. Smith, Sim. 47.

5. (Same.) "Representatives

were held to mean “descendants," the

context of the will requiring it. Styth v. Monro, Sim 49.

66

6. (Same.) A testator bequeathed the residue of his property to A. B. to dispose of among her children as she should think fit:" Held, that A. B. took no interest under the will. Blakeney v. Blakeney, Sim 52.

7. (Same.) A testator gave a sum of money to trustees, their executors and administrators, in trust for his son for life, and after his son's decease, to pay thereout two legacies to two of his daughters, and to pay the residue to the legal representatives of his son: Held, that legal representatives meant next of kin. Walter v. Makin, Sim. 148. 8. (Construction-Widow.) A rent charge settled on the marriage of a woman, "for her jointure, and in lieu of dower and thirds at common law:" Held, to apply only to a claim upon the husband's lands, and not to bar her right to a distributive share in his undisposed of personal estate. Colleton v. Garth, 6 Sim. 19.

9. (Revocation.) A testator devised his real estates to his children as tenants in common. After the date of his will he entered into contracts for the sale of the estates, which were not completed at the time of his death: Held, that the will was revoked by the contracts. (Bennett v. The Earl of Tankerville, 19 Ves. 179.) Tebbott v. Voules, Sim. 40.

10. (Legacy to executor.) A testatrix gave legacies of 100%. each to A. B. and C., and in a subsequent part of her will she appointed them her executors. In the preceding clauses she made devises and bequests "to her executors thereinafter named," and "to her executors and trustees." A. neither proved nor acted: Held, that he did not take his legacy. Pigott v. Green, Sim. 72.

11. (Legacy—Interest.) A testator gave a legacy to his daughter, and all his real and personal estate to his wife, and, after her death, he gave his real estate, subject to the legacy, to his son in fee. The wife survived the testator, and afterwards died: Held, that the personal estate was first liable, and interest was payable from the end of a year after the testator's death; and that it was raisable out of the real estate if the personal should prove deficient. (Davies v. Davies, Daniell, 84.) Freeman v. Simpson, Sim. 75.

12. (Legacy-Ademption.) A testator bequeathed 7000l. secured on mortgage of an estate at W. belonging to R. T. The 7000l. and interest were received, after the date of the will, by the testator's agent, on his account, and immediately afterwards 6000l., part of it, was invested in another mortgage, and the remainder was paid into a bank in which the testator had no other moneys, but was afterwards drawn out by a person to whom the testator had given a check for the amount: Held, that the legacy was specific, and that it was clearly adeemed by the testator receiving it. Gardner v. Hatton, Sim. 93.

13. (Legacy.) A testator who was betrothed to a lady, but who died before a marriage took place, by his will, after mentioning his intended marriage with her, bequeathed to his wife 2000l.: Held, that the legacy was not conditional on a marriage taking place, and that the lady took it absolutely. Schloss v. Stiebel, Sim. 1. 14. (Legacy-Satisfaction.) The father and husband of a lady gave, on the marriage, bonds of 3000l. each to the trustees of the settlement. The father died, having bequeathed 3000l. to his executors upon the same trusts as by the settlement were expressed of the moneys, stock, funds and securities comprised therein: Held, that the testator having referred to the settlement, could not be taken to have intended the bequest as a satisfaction of his bond, in the absence of a declaration to that effect. Foster v. Evans, Sim. 13. ́15. (Legacy-Ademption.) A testator gave to his wife the lease of his house in B., and the furniture and other articles therein. The lease expired-in his life-time, and he took another house and removed his furniture to it: Held, that the testator contemplated the enjoyment of the house and furniture, and that the bequest had failed by a change of circumstances. Colleton v. Garth, Sim. 19. 16. (Mortgage.) A testator, after several devises and bequests, gave, devised and bequeathed all his messuages, chattels-real, ready money, securities for money, debts and personal estate to A. and B., their heirs, executors, administrators and assigns, upon certain trusts : Held, that the legal estate in premises mortgaged to the testator in fee, passed by the words "securities for money." (Le Gros v. Cockerell, 5 Sim.; Re Tyas, ib. 451.) Mather v. Thomas, Sim. 115. 17. (Election.) A testator bequeathed a sum of stock, his property,

standing in the joint names of himself and wife, to trustees, upon trust to pay the interest and dividends to his wife for her life, and, after her decease, to distribute the capital amongst his grand-children by name; and he directed, that in case he had not that sum standing in his name at the time of his death, the same should be made up out of his other estate and effects: Held, that the stock belonged to the wife surviving, and that she must elect between this and the other benefits given under the will. Coates v. Stevens, Y. & C. 66.

WITNESS.

A witness is not disqualified from proving the payment of a modus, on the ground of being an owner of the lands in question, unless it be clearly proved that he is an owner at the time of his examination. Barnes v. Stuart, Y. & C. 119.

BANKRUPTCY.

[Principal cases in 2 Montague and Ayrton, Part 1, and 4 Deacon & Chitty, Part 1; omitting such cases as have appeared in former Digests.]

AGREEMENT.

An agreement on dissolution of partnership, to assign the partnership property in consideration of 50l. paid, and five bills for 100l. each delivered, is not executory, but executed. Exp. Gibson, M. & A.4. ASSIGNEES.

1. (Expenses.) Assignees are entitled to the expenses of journeys solely and properly undertaken for the benefit of the estate. Exp. Joyner, M. & A. 1.

2. (Purchase of debt.) Where a party purchases of a creditor all his right to the dividends and interest on his proof, semble, that such party cannot proceed against the assignees by petition for an order to pay to him the dividends on the proof, but must be left to the ordinary means of enforcing the contract by action at law, or suit in equity. Exp. Richards, D. & C. 190.

3. (Injunction.) An injunction will be granted to restrain assignees from proceeding in an action, where they have not an equitable as well as a legal right. Exp. Booth, D. & C. 211.

AWARD.

A bankrupt having conveyed real estate to trustees, (his creditors,)

upon certain trusts for the payment of his debts, subsequently entered into an agreement with them as to the sale, after which he took forcible possession of part of it, and the trustees brought an action of ejectment, which, with another action, was referred to the decision of an arbitrator. The award found, that the creditors were entitled to recover in the action of ejectment, and directed that a sum of money which was due to the trustees, for expenses incurred by them in the execution of the trusts, should be paid by instalments, and in default of payment that the property should be sold and the proceeds applied in discharge of the debt: Held, that the award, though it was no charge upon the land, did not destroy the lien thereon, given to the trustees for expenses in the execution of the trusts. Exp. Coppard, D. & C. 102.

BILL OF EXCHANGE.

1. H. and Co. drew bills on P. and Co., who accepted them for valuable consideration. H. and Co. indorsed them to Heaviside without consideration, and Heaviside discounted them with W. and Co. The parties became bankrupt. The assignees of H. and Co. are not entitled to have the bills delivered up by W. and Co. on paying their amount. Exp. Dickson, M. & A. 99.

2. (Proof.) An affidavit in support of a deposition of proof on a bill, must state the consideration. But if a defective affidavit be produced, the commissioner should not reject, but adjourn the proof for further evidence. Exp. Maberly, M. & A. 23.

3. (Proof.) B. and Co. accepted an accommodation bill for G. and Co., who indorsed it to V. and Co., and deposited it with them as a security for advances: Held, that V. and Co. might prove the amount against B. and Co. Exp. Vere, M. & A. 123.

EQUITABLE MORTGAGEE.

1. (Rent.) On the sale of equitable mortgage, the right to the rents accrues from the date of the order of sale. Exp. Bignold, M. & A. 16.

2. (Interest.) Where there has been an order made for the sale of mortgaged property, and the sale is afterwards deferred, the mortgagee is entitled to apply the rents and profits in reduction of the interest accruing subsequent to the order of sale, and up to the time of taking the account. (Ex parte Martin, 2 Rosc. 87.) Exp. Ramsbottom, D. & C. 198.

3. (Policy of Assurance.) On a deposit of a policy of assurance by way of equitable mortgage, the onus does not lie on the mortgagee to show that notice of the deposit was given to the office before the act of bankruptcy; but with the assignees, to show that it was not. Exp. Stevens, D. & C. 107.

MORTGAGE.

A mortgage given on the eve of bankruptcy, for a very old debt, is