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7. By a post-nuptial settlement A. conveys a. freehold house, of which he is seised in fee, to trustees, upon trusts for the benefit of his wife and children. He also, by the same instrument, declares that he stands possessed of a sum of stock standing in his name upon the like trusts. Subsequently, for valuable consideration, A. transfers the stock to B., and also for valuable consideration executes a deed purporting to convey the house to him. B., at the time of the consideration paid, has notice of the settlement. Have the wife and children of A. a remedy to any and what extent against B.?
8. Explain what is meant by the expression “marshalling assets.” A legacy having been ‘bequeathed to a charitable institution, will the doctrine of marshalling be applied in favour of the legacy? State the grounds on which the court proceeds in such cases.
9. A freehold estate is devised to A. and B. and their heirs. They take possession of the land, purchase stock (for the payment of which they contribute equally), and carry on the business of farmers upon the land. A. dies about twelve months afterwards, and before any settlement of accounts has taken place. The personal representative of A. requires that the land should .be sold and the proceeds equally divided between himself and B. C-an this claim be enforced ?
10. An estate is settled upon A. for life without impeachment of waste, remainder to B. for life, remainder to C. for life, remainder to D. in fee. A. cuts down ornamental timber on the estate, and threatens to cut down more. Is C. entitled to any and what relief in respect of the waste committed and to be committed; lstly, at law; 2ndly, in equity?
11. A. lends B. a. sum of money, the repayment of which is secured by the joint bond of B. and C. B. dies, the debt still remaining unpaid. C. then pays off the bond. Has C. any and what demand against the estate of B.? Has any change recently taken place in the law on this subject?
12. A., by his will, after directing that all his debts shall he paid, gives a freehold estate to B., upon trusts for sale and division of the proceeds between C. and D.; but the will does not expressly empower B. to give a receipt for the purchasc~money. Can a purchaser safely dispense with the concurrence of C. and D. in the conveyance?
13. A. mortgages an estate to B. C.‘ afterwards obtains judgment in an action of debt against A. in one of the superior courts, and the judgment is duly registered. D., without notice of C.’s judgment, then also obtains judgment in a similar action against A., and the second judgment is likewise registered. D. afterwards pays off B.’s mortgageand takes a conveyance from B. Which of the two judgments is entitled to priority?
i '14. A. bequeaths £1000 to B., upon trust for C. B. is also trustee under a deed of settlement, by which he declared that he would stand possessed of a sum of £500, upon trust for D. B. appropriates both sums to his own use, and dies possessed of personal property to the value of £750 only, and of no real property. He is at his death under no liabilities except those arising from the breaches of trust. A suit being instituted for the administration of his estate, claims are brought in on behalf of C. and D. How shall the assets be applied?
15. A., a feme sole, is lessee of certain lauds for a term of years. Other lands are vested in B. for a term of years as trustee for A.: and a sum of stock is standing in B.'s name, upon trust to pay the dividends to A. for life. A. marries without settlement, and afterwards concurs with her husband in mortgaging all her leasehold property and her interest in the stock. The mortgagee files a bill to enforce his security, but A. (who resides with and is supported by her husband) insists on her equity to a settlement. Will her claim be successful to any and what extent?
16. A. mortgages an estate to his bankers as a security for a balance then due to them from him, and for any future advances which they may make on his account. A. then mortgages the same estate to B., who has no notice of the bankers’ security. They, with notice of B.’s security, afterwards make further advances to A. Are the bankers entitled as regards these advances to priority over B.’s mortgage?
17. A married woman has an estate for life, for her separate use, in a sum of stock, and she has a general power of appointment by will over the stock itself. She signs several promissory notes for good consideration, bequeaths the stock to her children, and dies. Are the holders of the notes entitled to be paid out of the stock 1 . 18. A. conveys an est-ate to B. “in consideration of B. entering into the covenant. thereiuafter contained "-—that is to say, a covenant by B. to pay A. an annuity for the life of A. The annuity falls into arrear, and B. dies insolvent. Has A. any remedy against the est-ate?
N0'1‘E.—Where an opinion is required and given, the reasons on which it is founded must also be stated. It is not essential that authorities should be quoted, but whenever they are iemembered, this should be done.
On the Common Law.
1. Explain what is meant by an “executed consideration." And show how the rule is to be understood, that “an executed consideration,” even when moved by an antecedent request, will support no promise other than such as the law may imply.
2. What were the facts in Collins V. Blantern, and what principle is deducible from that case?
3. What do you understand by a plea. of “accord and satisfaction ?”
4. What is the meaning of the term “ accommodation bill ? ”~ What liability does the acceptor of such a bill incur towards the drawer? and towards an indorsee?
5. What is the duration of an ordinary writ of summons? And when should it be specially indorsed?
6. What is put in issue by pleading “non assumpsit” to a declaration on a special contract?
7. Distinguish between a judicial and an eastra-judicial confession. State the principal limitations to the admissibility of the latter in evidence against an accused.
8. Mention various modes in which a civil injury may be redressed by the mere act of the party aggrieved.
9. What provision is contained in the Common Law Procedure Act, 1854, having reference to an action upon a bill of exchange or other negotiable instrument which has been lost?
10. How may evidence of an act or a declaration, not otherwise admissible, sometimes be so, as forming part of the res gestee?
11. Cite cases illustrating the rule that “ a plaintiff is not entitled to recover in respect of any damage that is too remote."
12. How are the requirements of the 17th section of the Statute of Frauds ordinarily complied with, so that the purchaser of a. chattel at a sale by auction may be bound ?
13. State the period of limitation in an action of (1) detinue, (2) trover, (3) trespass for assault, (4) case for slander.
14-. How does a demurrer differ from a plea? Is it competent to a party to plead and demur to the same pleading?
15. What statutory provision is now in force regulating the
joinder of different causes of action in the same suit?
16 What time is allowed for pleading in bar? and in abatement ? ~
17. Define the ofi"ence of murder-—and of manslaughter-—and state the form of indictment in either case.
18. What point was decided in Dolby V. The India and London Life Assurance Company? and what earlier decision was overruled by that case?
19. In what respect does a pawn difi'er from a lien? and from a mortgage .7
20. Explain fully the rule of our Common Law, that “ a chose in action is not assignable." Specify various exceptions-statw tory or otherwise—t0 this rule. ' ‘ 10. Late cases have shown that it is possible for a. testator to evade the prohibitions of the so-called Mortmain Act. State the
21. How may a non-joinder of plaintiffs be amended before trial? 22. Illustrate the doctrine of estoppel by reference, (1) to the
judgment of a Court of Record, (2) to a bond, (3) to a bill of exchange.
On the Law of Real Property.
1. Into what two broad divisions is property in England divided? To which of those divisions will the following interests in land belong :—a term of 1000 years; a term of 99 years, if A. B. shall so long live; an estate for one’s own life; an estate for the life of another person; an estate during the widowhood of a woman ; the next presentation to a. living?
2. What words used in a will governed by the old law of wills would pass the fee-simple of land to a devisee without words of inheritance ? What is the new law on this point‘?
3. What length of title to real estate can be demanded by a purchaser on an unrestricted contract ? When is a title held to be “ marketable? ”
4. Where is the legal estate in the following limitations respectively :-— 1. Bargain and sale to or in favour of A. B. and his heirs, to the use of C. D. and his heirs. 2. Covenant to stand seised in favour of A. B. and his heirs, to the use of G. D. and his heirs. 3. Feoflinent or grant to A. B. and his heirs, to the use of C. D. and his heirs. 4. Appointment (under a power) to A. B. and his heirs, to the use of C. D. and his heirs? Give the reasons for your answers.
5. There are afew cases in which technical words are absolutely necessary in assurances of real estate. What are those cases?_
6. Classify assurances under the heads “ tortious” and “ innocent.” Explain these terms, and state how and by what means» the distinction has been abolished.
7. Can property be so settled upon a male in any, and, if any, what mode, that his creditors may have no claim either upon the corpus or the income l
8. What acts may tenants for life, impeachable and not impeachable for waste, do or permit in respect of the dealing with or management of the settled estate ?
9'. What property may, and what may not be legally given by will for charitable purposes? VVhat is the best forrn of gift for that purpose ‘l If a testator simply gives a legacy of £1000 to a charity, and dies leaving a freehold estate worth £5000, and consols worth £4000, what is the result as to the charitable legacy?
v0L. VII. NO. XIV. 2 E
plans adopted in the cases referred to, and explain the principle upon which the devises were upheld.
11. Under what circumstances may a purchaser, even with notice of a prior objection to title, obtain a good title‘?
12. l/V ho are the necessary parties to a deed barring an estate tail created by an ordinary marriage settlement? lrvhat additional ceremony is necessary for the perfecting of the disentailing deed‘? B., being mortgagee in fee of A.’s estate, dies intestate : who are the necessary parties to a re~conveyance or transfer of the mortgaged property, and for what reasons?
13. What are “springing uses” and “shifting uses” respectively? Give examples of each class, and show in what way they do not conform to the common law.
14. Define a contingent remainder, and give the three modes in which it might formerly have been destroyed. What is the effect of a late act upon the destructibility of contingent remain
ders ? 15 Explain the doctrine of tacking. What debts may be
tacked by a first mortgagee having the legal estate, and against what persons‘?
16. State the rule of Equity with respect to the marshalling of securities as between the mortgagees and incumbrancers of the same mortgagor.
17. Give instances in which the person entitled to the first charge upon an estate has lost the benefit of that charge by the efi'ect of merger. ‘
18. How are powers operating under the Statute of Uses divided? Which of those powers may, and which may not, be released or extinguished by the act of the donee?
19. In what cases do executors take an implied power to sell a testator’s real estate"? and if in those cases one of the executors named dies, can the survivors sell, and make a good title to the
real estate? 20. If the donor of a power wishes the discretion in the donees
to be transmissible, what is the best form of such a power?
Jurisprudence and the Civil Law.
1. What was the probable origin of the Praetor’s edictal jurisdiction? Give a brief account of the principles on which it was
2. Assuming that the jus honorarium of the Romans corresponded with the equity of the English Court of Chancery, explain how it was that law and equity were administered by the Roman tribunals without a conflict ofurisdictions.
3. Illustrate the distinction between res mancipi and res nee