INDEX OF SUBJECTS.

Or

ALL REPORTED CASES,

IN THE

Law Reports, Law Journal Reports, Law Times Reports, and Weekly Reporter,

FOR AUGUST, SEPTEMBER, AND OCTOBER, 1880.* By HENRY M. KEARY, of Lincoln's Inn, Barrister-at-Law.

Administration:

(i.) Ch. Div. V. C. H.-Costs of Probate Action-Legacy Paid into Court -Set-off-Legatees who had brought an action against an executrix, who was residuary legatee, to set aside probate, were ordered to pay the executrix her costs of action. The executrix having paid into Court in an administration action the legacies, afterwards obtained a charging order against the share of one of the legatees in respect of her costs. The shares of the legatees had been assigned or incumbered: Held that the executrix was entitled to be paid the costs of the probate action out of the shares of the legatees in priority to incumbrancers.-Knapman v. Wreford, 43 L.T. 25.

(ii.) Ch. Div. F. J.-Executor-Assent to Legacy-Debt of Legatee.Executors who have appropriated assets to meet a legacy cannot retain or impound any part of the appropriated assets to meet a debt due from the legatee to the general estate of the testator.-Ballard v. Marsden, 49 L.J. Ch. 614; 28 W.R. 914.

(iii.) Ch. Div. M. R.-Intestacy-Inquiry as to Advances-Form of Order -22 & 23 Car. II., c. 10, s. 5.—In administering the estate of an intestate the inquiry as to advances should follow the words of sec. 5 of the Statute of Distributions.-Waterton v. Ennis, 28 W.R. 885.

(iv.) Ch. Div. M. R.-Intestacy-Next-of-Kin-Legitimacy-Domicil.-The words "brothers' and sisters' children," in the Statute of Distributions, mean children legitimate according to English law.-Re Goodman's Trusts, L.R. 14 Ch. D. 619; 43 L.T. 14; 28 W.R. 902.

(v.) Ch. Div. V.C.M.—Intestacy—Next-of-Kin Found―Right to Interest.— When money of an estate has been paid to the Solicitor of the Treasury in default of next-of-kin, and afterwards an applicant establishes his

* Cases reported only in the Law Times Reports or Weekly Reporter for October 30th, are postponed till the February Digest.

A

right to the money as a next-of-kin, he is entitled to interest on the balances from time to time in the hands of the Crown.-Re Gosman, 49 L.J. Ch. 590; 42 L.T. 804.

(vi.) C. P. Div.-Judyment Creditor-Priority-Judicature Act, 1875, s. 10.—The priority of a judgment creditor over simple contract creditors in the administration of assets under an administration decree is not affected by sec. 10 of the Judicature Act, 1875.-Smith v. Morgan, L.R. 5 C.P.D. 337.

Agreements and Contracts :

(i.) Ch. Div. F. J.-Agreement to withdraw from Prosecution—Public Policy. An agreement to withdraw from a prosecution for any felony or any misdemeanour of a public nature, with a view to private benefit is bad; and where a party had deposited deeds to secure the carrying out of such an agreement, he was held entitled to have them returned.Whitmore v. Farley, 43 L.T. 192; 28 W.R. 908.

(ii.) C. A.-Foreign Loan-Failure of Object of Loan-Right of Majority of Bondholders.-A foreign loan having been raised on bonds with the express object of subsidising a company to construct certain railway and other works, and with a provision that £600,000 of the loan should be placed in the hands of trustees to be applied from time to time in pay. ment for the works: an action was brought by the majority of the bondholders claiming a return of the £600,000. The Court being of opinion that the carrying out of the works had become impossible: Held that the majority of the bondholders had a right, in spite of the dissent of a minority, to insist on a return of the £600,000.-National Bolivian Navigation Co. v. Wilson, 43 L.T. 60.

(iii.) H. L.-Guarantee against Loss by Embezzlement — Prosecution Condition Precedent.-A company agreed to reimburse F. any pecuniary loss up to £1000, which might arise from any such fraud or dishonesty of A., in his employment by F., as should amount to embezzlement, and it was provided that the employer should, if and when required by the company, prosecute the employed to conviction for any fraud or dis. honesty in consequence of which a claim should be made on the company: Held that the prosecution of A. for embezzlement was a condition precedent to F.'s right of action against the company. — London Guarantee Co. v. Fearnley, 28 W.R. 893.

(iv.) C. P. Div.-Infant-Promise of Marriage-Ratification-37 & 38 Vict., c. 62. In 1875 plaintiff and defendant agreed to marry: being then infants. After they both came of age defendant asked plaintiff to fix the wedding day, which she did, and he assented: Held that there was a fresh promise made after defendant came of age, and upon good consideration.-Ditcham v. Worrall, L.R. 5 C.P.D. 410; 49 L.J. C.P. 688. (v.) Ch. Div. V. C. M.-Promise to leave by Will-Marriage on Faith of Promise.-B. wrote a letter to A. to the effect that a settlement proposed by A. to be made on his marriage with B.'s daughter, was satisfactory, and that he had by his will settled his money equally on his daughters. A. married B.'s daughter, but never made a settlement, and his wife died leaving children. B. died subsequently, having made a fresh will by which he left all his property to another daughter: Held that there was no contract by B. to leave anything to A.'s wife which A. could enforce.-Hinks v. Allen, 49 L.J. Ch. 553.

(vi.) Ch. Div. V. C. M.-Release-Construction-Knowledge of Parties.-A release will not be construed to apply to circumstances which could not have been within the knowledge of the parties at the time it was executed.-Turner v. Turner, L.R. 14 Ch. D. 829; 28 W.R. 859.