to call for a transfer of the funds to themselves or to any purchasers, the trustees undertaking to hold the proceeds on the trusts of the settle. ment.-Re Peacock, 43 L.T. 99.

(iii.) Ch. Div. V. C. M.-New Trustee-Retiring Trustee-Trustee Act, 1850, s. 32. One of four trustees of a will desiring to retire, the Court appointed the three continuing trustees in the place of themselves and the fourth.-Re Shipperdson's Trusts, 49 L.J. Ch. 619.

(iv.) Ch. Div. M. R.-New Trustee-Vesting Order.-Form of vesting order of stock settled by will where the surviving trustee had died without legal personal representative, and new trustees had been appointed under the will.-Re Crowe's Trusts (2), L.R. 14 Ch.D. 610; 42 L.T. 822; 28 W.R. 885.

(v.) C. A.—Prize of War-Grant to Secretary of State on Trust for Persons Entitled.-Her Majesty, by Royal Warrant, granted certain booty of war to the Secretary of State for India in Council, in trust for the use of the persons entitled to share in it, as declared by the Admiralty Court on a reference to it from the Crown: Held that an action by one of the persons entitled against the Secretary for an account and distribution of the fund could not be maintained.-Kinloch v. Secretary of State for India, 49 L.J. Ch. 571.

Vendor and Purchaser :—

(i.) C. P. Div.-Conditional Sale of Horse-Death before Completion.—Plain. tiff sold to defendant a horse on condition that it should be taken away by defendant and tried for eight days and then returned if not approved of. The horse died on the third day without fault of either party: Held that plaintiff could not maintain an action for the price.-Elphick v. Barnes, L.R. 5 C.P.D. 321; 49 L.J. C.P. 698. (ii.) C. A.-Conditions of Sale-Leaseholds-Continuing Breach of Covenant. -Conditions of sale of leaseholds provided that the production of the last receipt of rent should be conclusive evidence of the performance of the covenants in the lease or waiver of any breaches. The lease contained a covenant not to carry on any trade on the premises without the license of the lessors. Part of the property had been under-let to persons carrying on trade there, and the lessors with knowledge of this had continued to receive the rent: Held that the purchaser was bound to accept the title.-Lawrie v. Lees, 49 L.J. Ch. 636. (iii.) Ch. Div. V. C. H.-Conditions of Sale-Right to Rescind.-Conditions of sale by auction incorporated the Common Form Conditions of the Birmingham Law Society. The abstract of title of the property sold led the purchaser to believe the title clear; but subsequently notice of an incumbrance, previously unknown to the vendor, was given to the purchaser, who required the vendor to discharge the same: Held that the 8th of the Common Form Conditions gave the vendor no right to rescind, and that the purchaser was entitled to have the incumbrance discharged out of the purchase-money.-Jackson to Oakshott, L.R. 14 Ch. D. 851; 49 L.J. Ch. 523.

(iv.) Ex. Div.—Covenant to inclose Land-Breach-Measure of Damages.— The deed conveying land purchased by defendant corporation contained a proviso giving the plaintiff a right of pre-emption in case defendants should re-sell the land within ten years, and covenants by defendants that any buildings erected on the land should be built in a certain style, and to inclose the land with a wall or railing of a certain height: Held that the covenant to inclose was an absolute covenant, and not conditional on the defendants building on the land, and that the measure of damages for breach of the covenant, was the cost of erecting a wall or railing of the

character prescribed. - Wigsell v. Corporation of School for Indigent Blind, 43 L.T. 218.

(v.) C. P. Div.-General Words—Right of Way—Private Road—Misrepresen. tation by Auctioneer.-At the sale of the lease of a public house the auctioneer, without authority from the vendor, by mistake stated that there was a right of way over a certain private road. The conditions of sale provided that no error or omission in the particulars should annul the sale or give a right to compensation: Held that no action could be maintained against the vendor after completion for compensation for the non-existence of the right of way: Held also that general words granting all easements and rights of way did not conclude a right of way over a private road which was not a way of necessity.-Brett v. Clowser, L.R. 5 C.P.D. 376.

(vi.) Ch. Div. M. R.-Insurance by Vendor-Fire after Contract and before Completion.-A vendor contracted to sell a house which he had insured against fire. After the contract, but before completion, the house was burnt, and the vendor received the insurance money: Held that the purchaser was not entitled to the benefit of the insurance.-Rayner v. Preston, L.R. 43 L.T. 18.

(vii.) Ch. Div. D. J.-Possession-Interest.-The putting up of a notice board by a purchaser for the purpose of letting or selling building land: Held to render him liable to pay interest on the purchase-money.Ballard v. Shutt, 49 L.J. Ch. 618; 43 L.T. 173.

(viii.) C. A.-Specific Performance-Misleading Particulars-Rescission.—Particulars of sale of leaseholds in Liverpool omitted to state that one lot was subject to a ground rent of £45: Held that the purchaser of the lot was entitled to be discharged.-Jones v. Rimmer, L.R. 14 Ch. D. 588; 43 L.T. 111. (ix.) Ch. Div. F. J.-Specific Performance-Purchase-Money Payable by Instalments.-Disputes which had arisen on an agreement for sale of leaseholds were referred to an arbitrator who directed by his award that the purchase-money should be paid by instalments. The vendor having brought an action for specific performance, the order directed an account of instalments due and the balance of purchase-money owing to be certi fied, and reserved liberty to apply at chambers fourteen days after certificate for an order for payment of the balance, declared a lien on the leaseholds for the balance, and gave liberty to apply in respect of future instalments as they became due.-Nives v. Nives, 42 L.T. 832. (x.) C. A.-Trust for Sale-Heir of Surviving Trustee-Power to Appoint New Trustee. The heir of the surviving trustee of a trust for sale, given to trustees and their heirs, has power to sell, though the instrument creating the trust contains a power for the surviving or continuing trustee to appoint new trustees.-Re Morton and Hallett, 49 L.J. Ch. 559; 28 W.R. 895.

(i.) Ch. Div. F. J.-Donatio Mortis Causa-Bill of Exchange.—A dying man in expectation of death stated his wish to give his wife £500 out of a sum of £2,700 on deposit at a bank, and he filled up a check form and withdrawal notice, on the back of the deposit note which he held, for £500 and sent it to the bank but died before the withdrawal was com. pleted. He also gave a bill of exchange, drawn by himself to his own order, but not endorsed, to a friend requesting him to present the bill and give the money to his wife. The friend gave the bill to the wife, who did not present it till after the testator's death: Held that the £500 did not pass by a donatio mortis causâ, but the bill did pass.-Austin v. Mead, 43 L.T. 117; 28 W.R. 891.

(i.) Q. B. Div.-Commanding Officer-Dismissal of Member.-The com. manding officer of a volunteer administrative regiment, when assembled for purposes of drill, has no power of dismissing any member of the divisional corps; but the commanding officers of the individual corps have power to dismiss members of their respective corps notwithstand. ing the presence of such commanding officer of the battalion.-Tombs v. Magrath, 49 L.J. M.C. 75.

Warranty:

(i.) C. A.-Sale of Horse-Conditions of Sale.-Plaintiff bought a horse by public auction warranted to be a good worker, under the condition that horses not answering to warranty must be returned the day after the sale, and should be tried by a person appointed by the auctioneer, whose decision should be final: Held that the plaintiff's only remedy was under the condition.-Hinchcliffe v. Barwick, 28 W.R. 940.

Waste:

(i.) Q. B. Div.-Permissive Waste-Liability of Tenant for Life-3 & 4 Will. IV., c. 42, s. 2.-A tenant for life of property under a devise to her, she keeping the houses thereon in repair, died leaving the houses out of repair: Heid that the immediate reversioner in fee was entitled to recover damages for permissive waste against the estate of the deceased tenant for life.-Woodhouse v. Walker, L.R. 5 Q.B.D. 404; 49 L.J. Q.B. 609.

Will:

(i.) Ch. Div. V. C. M.-Ademption-Execution of Power.-Testatrix in execution of a general power reserved in a settlement, made an appoint. ment of a specific sum of bank annuities. Subsequently a part of the annuities were, under a power in the settlement, sold, and the proceeds invested in railway stock: Held that there was no ademption.- Re Johnstone's Settlement, 49 L.J. Ch. 596.

(ii.) Ch. Div. V. C. H.-Ademption-Specific Gift.-Debenture stock which a testator has acquired after the date of his will in place of debentures which he possessed at that date, will not pass under a gift of debentures. -Luard v. Lane, L.R. 14 Ch. D. 856; 43 L.T. 87.

(iii.) H. L.-Annuity

Deficiency of Income - Arrears out of Corpus.Testator directed his trustee to sell his real and personal estate, and set apart a sufficient portion of the invested proceeds to produce an income of £1,200, which he bequeathed to his wife for life; the income of the whole estate proved insufficient to pay the annuity in full: Held that the widow was entitled to have the deficiency paid out of corpus.Carmichael v. Gee, L R. 5 App. 588.

(iv.) Ch. Div. M. R.-Charitable Bequest-Money Secured on Police Rates.Moneys secured by bonds of justices assembled either in general or quarter sessions, and charged on the police rates of a division of a county are pure personalty.-Jackson v. Governors of Queen Anne's Bounty, 43 L.T. 116.

(v.) C. A.—Charitable Bequest-Partnership Property-9 Geo. II., c. 36.-The proceeds of sale of real estate, part of testator's partnership property directed by him to be sold, are an interest in land within the Mortmain Act.-Ashworth v. Nunn, 28 W.R. 965.

(vi.) Ch. Div. V. C. B.-Codicil-Bequest to apply according to DirectionPersonalty such as Cash, &c."-Testatrix having made a will disposing

of all her property, sent for B. and told him that she wished to give certain further legacies, of which he made a memorandum, and she then executed a codicil bequeathing to B. all her personalty, such as cash, furniture, &c., to be applied "as I have requested him to do:" Held that all her personalty passed to B. under the codicil, who held it on trust for the objects specified in the will subject to the alterations contained in her directions to him.-Sidgreaves v. Brewer, 49 L.J. Ch. 514. (vii.) Ch. Div. V. C. M.-Construction-Appointment of Executors-No Residuary Gift. - Testatrix after directing her debts and funeral expenses to be paid by her executors, appointed B. and C. executors and gave a number of legacies including one of £1000 to B. and another of £100 to C.; but there was no gift of residue: Held that the executors took the residue beneficially.-Roose v. Chalk, 49 L.J. Ch. 625; 43 L.T. 152; 28 W.R. 975.

(viii.) Ch. Div. V. C. H.-Construction—" Bequeathed."-Testatrix, by will, in 1867, after exercising a power of appointment over certain funds, continued, "I appoint E. M. my residuary legatee to any property which has been bequeathed to me, and which is not mentioned in this will." Testatrix's father, by will, in 1873, bequeathed to her certain stock, but he afterwards transferred the stock to the trustees of her marriage settlement during his lifetime: Held that this stock did not pass to E. M. Marescaux v. Armstrong, 42 L.T. 823.

(ix.) Ch. Div. V. C. M.-Construction-Contingent Remainder of Equitable Estate Remoteness-Name and Arms Clause.-Devise of freeholds to trustees upon trusts during H.'s life, and after his death to convey to such son of W. as should first attain twenty-five; with a proviso that if any son of W. who should become entitled should not take the surname and arms of the testator within two years after becoming entitled, the estate and interest of such son should go over. Testator died in 1830. A son of W. attained twenty-five in 1836, and died 1865, without having assumed the testators name and arms. H. died in 1877: Held that the limitation to W.'s. son was a contingent remainder which had vested on his attaining twenty-five; and that the forfeiture clause did not take effect as the son had not become entitled to possession.-Abbiss v. Burney, 43 L.T. 20; 28 W.R. 903.

and

(x.) Ch. Div. V. C. M.--Construction-Description-Lapse-General Particular Residue.--Testator gave a bust, after the death of his wife, to "John, now Duke of B.," and certain pictures to the trustees of the National Gallery; and all the rest of his pictures and other effects not therein specifically bequeathed to the wife; and all the residue of his money and personal estate and effects not therein specifically be. queathed to trustees on certain trusts. There was no John, Duke of B. at the time of the will, but F. was then Duke of B.: Held that the bust belonged to F.'s executors. The trustees of the National Gallery declined the bequest to them: Held that the pictures passed to the trustees of the will under the general residuary bequest.-Patching v. Barnett, 43 L.T. 50; 28 W.R. 886.

(xi.) Ch. Div. M. R.-Construction-Direction that Share of Residue shall sink into Residue.-Testator gave his residuary real and personal estate to executors on trust to sell and divide among all his children in equal shares on their respectively attaining twenty-one, but to stand possessed of the share of his daughter I. on trust for her for life, and after her death for her children, and in default of children upon trust as to one moiety as she should appoint, and that the other moiety should fall into and become part of his residuary personal estate, and be applied according to the trusts of his will. Testator left seven children, who

all attained twenty-one, and I. died without issue, having appointed half her estate: Held that the other half was divisible equally among the other six children.--Crawshaw v. Crawshaw, L.R. 14 Ch. D. 817; 49 L.J. Ch. 662.

(xii.) H. L.- Construction ·

Estate Tail-Rule in Wild's Case.- Testator by a will made before the Wills Act, devised property to A. and his children, in the event of A. dying without children to B. and his children, in the event of B.'s death without children to C. and her children, and if she should have no children she should have the power of bequeathing the property to whom she pleased. The will also provided that either A., B., or C. on arriving at the possession of the property might dispose of it by will amongst their children in such proportions as they should think proper. A. executed a disentailing deed and died without ever having had children: Held that he took an estate tail.-Clifford v. Koe, L.R. 5 App. 447.

(xiii) Ch. Div. V. C. H.-Construction-Gift at Twenty-five-Vested or Contingent.-Gift of residue upon trust for testator's children who being sons should attain twenty-five, or being daughters should attain twenty. one or marry, to be divided on the youngest child attaining twenty-one; with a power to apply the income of the share to which any child should be entitled in expectancy for maintenance. Testator left two children, a son aged 23 and a daughter aged 21: Held that the interest of the son did not become vested till he attained twenty-five.-Dewar v. Brooke, L.R. 14 Ch. D. 529.

(xiv.) C. A.- Construction-Gift to Children-Illegitimate Child.-The reference by a testator to an illegitimate child of A. in a prior part of the will as his grandson the son of A., is not sufficient to rebut the presumption against such child being included in a gift to the children of A. as a class.-Megson v. Hindle, 28 W.R. 866.

(xv.) C. A.-Construction-Life Estate-Power to Dispose of Property-Gift Over.-Gift of real and personal estate to M. for life to be disposed of as she might think proper for her own use and benefit; and, in the event of her decease should there be anything remaining of the said property, the same should go to E. and F.: Held that M. took an estate for life only with a power to dispose of the capital during her life, but not by will. -Herring v. Barrow, 49 L.J. Ch. 622; 43 L.T. 35.

(xvi.) C. A.--Construction-Power of Appointment-Residuary Bequest.-By a voluntary deed testator settled certain property on such trusts as he should by deed or will appoint, and subject thereto on trust for his daughters and their children. By a will of subsequent date he bequeathed his personal residue on somewhat different trusts for his daughters and their issue, and in a codical he referred to the settlement as still subsisting and operative: Held that the residuary bequest was an effectual execution of the power of appointment.-Maddick v. Marks, L.R. 14 Ch. D. 422; 49 L.J. Ch. 586; 43 L.T. 40.

(xvii.) Ch. Div. M. R.-Construction-Power of Appointment-Sale and ReInvestment.-Land was settled to the use of such persons as B. should by will appoint, with power to the trustees with B.'s consent to sell and re-invest. The land was sold and the proceeds invested in consols. B. by her will gave legacies amounting to £30,000, and bequeathed all the residue of her personalty to two persons. Her own personal estate did not exceed £6,000: Held that the consols passed under the residuary gift.-Chandler v. Pocock, 43 L.T. 112.

(xviii.) Ch. Div. F. J.-Construction-Direction to Settle-Power of Sale.A direction to settle, contained in a will made in 1810: Held to authorise a power of sale. Wise v. Piper, 49 L.J. Ch. 611.