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to a safe anchorage : Held that the services rendered by the pilots were
salvage services.-Akerblom v. Price, 29 W.R. 797. (lii.) H. L.–Tug and Tow—Damage-Contributory Negligence.—When a
vessel in tow of a steam tug is damaged by collision in consequence of the conduct of the tug, the owners of the latter cannot set up contributory negligence on the part of the vessel on the ground that the injury would have been avoided if the latter had been cast off when the injury was imminent.-Spaight v. Tedcastle, L.R. 6 App. 217; 44 L.T. 589; 29
W.R. 761, Solicitor :(x.) Q. B. Div.-Lien for Costs--Charging Order—23 & 24 Vict., c. 127,
s. 28.-Defendant having paid money into Conrt, plaintiff's solicitor declined to proceed with the action except on terms to which plaintiff would not agree. Plaintiff obtained an order for change of solicitors, and afterwards his former solicitor obtained a Judge's order at Chambers charging the money in Court with his costs in the action : Held that the order was rightly made. — Clover v. Adams, L.R. 6
Q.B.D. 622. (xi.) Ch. Div. K. J.—Lien for Costs-Production of Marriage Settlement.
A solicitor who had prepared an ante-nuptual settlement on the instruc. tions of the wife, was summoned by her as a witness in an action in which the terms of the deed were in dispate, and refused to produce the deed till his costs of preparing it were paid : Held that he was
bound produce it.—Fowler v. Fowler, 29 W.R. 800. (xii.) Ch. Div. V. C. B.-Mortgage from Client-Unusual Provision.—A
client executed a mortgage to a solicitor containing unusual and onerous provisions. It appearing that the nature and effect of the provisions was fully explained to the client at the time: Held that they would not be set aside, but a bill of costs which had been signed by the client without independent advice was ordered to be re-opened and taxed.
Jones v. Linton, 44 L.T. 601. (xiii.) C. P. Div.–Negligence-Breach of Duty-Double Retainer.-When a
solicitor is acting for a client who has brought an action in which judgment is reserved, and another client, who has a claim on the defendant in the action, applies to him for advice as to enforcing his claim, it is the duty of the solicitor not to act for the second client, if by so doing he will be likely to injure the position of the first client in case
he recover judgment in the action.-Barber v. Stone, 50 L.J. C.P. 297. (xiv.) Ch. Div. K. J.-Notice--Constructive Trustee-Liability.—A solicitor
who wrongfully, but in good faith, sold settled property: Held not to have such notice of the settlement as to render him personally liable as a constructive trustee.-Williams v. Williams, L.R. 17 Ch.D. 437;
44 L.T. 573. Trade Mark:(xii.) C. A.-Trade Name-Infringement-Expired Patent.-- Defendant sold
sewing machines in England manufactured by a German company, and described them in his circulars as being on the “Singer" system, with explanations showing that the machines were made in Germany accord. ing to expired patents of the plaintiff company: Held that plaintiffs were not entitled to an injunction.—Singer Manufacturing Co. v. Loog,
29 W.R. 699. Trustee :(xviii.) Ch. Div. V. C. B.-Breach of Trust-Doubtful Question of Law
Acquiescence.-a trustee under a will having on the advice of counsel
paid a sum of money to E., and the Court having held on the construc. tion of the will five years afterwards (see Will lxxii., p. 142) that the money should have been paid to the residuary legatee; it was held that the latter was entitled to recover it from the trastee's estate, the amount to
be recouped by E.-Wilson v. Donald, 44 L.T. 467. (xix.) Ch. Div. K.J.-Covenant with Third Party-Obligation to Enforce
Devastavit.-C. and P. were appointed trustees under a marriage settle. ment by which husband covenanted to pay six months after his death, £500 to be held on trusts for wife and children. At the same time they had notice of the existence of a subsequent separation deed whereby S. covenanted to pay £500 immediately in substitution for the £500 payable under the first deed. C. and P. were S.'s executors, and paid the interest on the £500 to the person entitled under the settlement, but never transferred the £500. The husband died, and shortly after. wards the whole of Si's estate was lost : Held that C. and P. were entitled to enforce the covenant ander the settlement against the
husband's estate.-Collins v. Rhodes, 44 L.T. 414. (xx.) Ch. Div. F.J.-Direction to carry on Business-Debts Incurred
Execution against Trust Property-Deposit of Lease. -An executor, directed by his testator to carry on his business, did so and incurred debts, to pay off which he borrowed money from H., and deposited with him a lease forming part of the trust estate, but which the executor had renewed in his own name. H., having obtained judgment against the executor, seized goods which formed part of the trust estate under a fi. fa. : Held that H. had no claim against the trust property, and that his equity in respect of the leaseholds must be postponed to that of
testator's estate.—Pillgrem v. Pillgrem, 29 W.R. 733. Vendor and Purchaser (xv.) C. A.-Covenant by Purchaser-Non-execution of Deed.-D. agreed
with 8. in 1824 for the purchase of an estate, and that the parchase deed should contain a certain covenant by D. The deed was execated by S., but not by D., and D. took possession : Held that the execution by D. of the counterpart of the deed containing the covenant could
not be presumed.--Witham v. Vane, 44 L.T. 718. (xvi.) C. A.-Insurance by Vendor-Fire after Contract and before Completion.
Decision of M. R. (see Vendor and Purchaser, vi., p. 39) affirmed.-Rayner
v. Preston, 50 L.J. Ch. 472; 29 W.R. 547. (xvii.) Ch. Div. K.J.--Statute of Frauds-Description of Property---Auction.
-At a sale by auction a memorandum was added to the conditions of sale and signed by auctioneer that the property, of which no description was given, was daly sold to plaintiff, and a receipt for deposit money, mentioning the amount of the purchase-money, was also then signed and given him. Posters describing the property had been published, but there were none in the room at the sale: Held no sufficient description of the thing sold to satisfy Statute of Frauds.-Shardlow v.
Cotterill, 44 L.T. 549; 29 W.R. 737. Voluntary Gift :(ii.) C. A.-Fiduciary Relation-Medical Man.—The executors of G., a
widow, brought an action to recover £800 from defendant, her medical man, alleged to have been lent by her to him. The jury found that the money was advanced as a gift without undue influence, that the relation of medical man and patient ceased in 1872, and that after that time G. intentionally abode by what she had done : Held that judgment was rightly entered for defendant.-Mitchell v. Homfray, 50 L.J. Ex. 460 ; 29 W.R. 558.
Will:-(lx.) C. A.-Annuity-Continuing Charge.-Testator directed his trustees
to pay an annuity out of the rents and profits of a trust estate by half-yearly payments, and bequeathed the remainder of such rents and income to A. for life, remainder to children: Held that the annuity was not a continuing charge on the rents and profits.-Wormald v. Muzeen, L.R. 17 Ch. D. 167; 50 L.J. Ch. 482 ; 44 L.T. 409; 29 W.R.
753, 795. (lxi.) Ch. Div. F.J.-Construction - Contingent-Legacy-Lapse.—Testatrix
gave residue to the children of the late J. and fourteen other persons. J. was dead at date of will, and never had a child : Held that the
fourteen others took the whole residue.-Spiller v. Madge, 29 W.R. 782. (lxii.) C. A.-Construction-Gift on Marriage with consent of Guardian.
Testator appointed his wife to be guardian of his children during minority and bequeathed legacies to his daughter C. on her attaining twenty-one, or on her marriage with the consent of her guardian or guardians. After death of testator and wife, and while there was no guardian, C. married and died under twenty.one : Held that the legacies to C. failed.-- Re Brown's Trusts, 50 L.J. Ch. 507; 44 L.T.
340 ; 757; 29 W.R. 604. (lxiii.) Ch. Div. E. J.-Construction-Gift over on Marriage—Absolute Gift.
Testator gave C. £3,000, but in event of his marrying K., he directed his executors to retain the £3,000 on trust for C. and K. and their children. Three months after testator's death C. married K: Held that the £3,000 must be invested in trust for C. and K. and their
children.--Money v. Money, 44 L.T. 639; 29 W.R. 660. (lxiv.) Ch. Div. F. J.-Construction—Gift to Class-Gift Over-Other or
Others.-Held that a gift over of shares given to a class of such of the class as died without having issue before their shares had been paid, to the other or others of the class, meant those of the class other than those dying without issue, and related to accrued as well as original
shares.-Chaston v. Seago, 29 W.R. 778. (lxv.) Ch. Div. F. J.-Construction—Legacy charged on Real Estate
Residuary Bequest.—Testatrix, after a specific devise to C., and certain pecuniary legacies, bequeathed three legacies of £100 each with the proviso that if her estate would not produce those snms after the previous legacies were paid, then those sums were to abate, and she appointed C. residuary legatee : Held that the legacies were charged on residuary realty and personalty; and that C. took the real estate not
specifically devised.-Farrant v. Carter, 44 L.T. 603. (lxvi.) Ch. Div. F. J.-Construction-Legacy in Satisfaction of Covenant
Mistake-Double Portions.—Testator having covenanted on his daughter's marriage, that if he should die in her lifetime he would bequeath to the trustee of her settlement £5,000, to be held on the trusts thereof, and having survived his daughter, by a will made after her death gave £4,000 to the trustee to hold on the trusts of the settlement, the bequest being expressed to be made in pursuance of the covenant. He also gave £4,000 in trust for his daughter's children : Held that both
gifts took effect.--Dyke v. Dyke, 44 L.T. 568. (lxvii.) P. C.-Construction-Estate Tail-Born in my Lifetime.- Devise to
testator's six grandsons as tenants in common, in equal shares for life with remainders to their respective issue in tail male; with a proviso that, if any tenant in tail male should be born in testator's lifetime, he revoked the devise made to him and gave him a life estate only with
remainder to his issue in tail male. The eldest son of one grandson was born at date of will : Held that he took an estate tail.-Gibbons v.
Gibbons, L.R. 6 App. 471. (lxviii.) Ch. Div. F.J.-Construction-Period of Vesting.–Gift of a fund
to trustees on trust for C. for life after her death to pay and divide among her children on attaining twenty-one respectively, with a gift over to sar. vivors in case any of them should happen to die before their shares became payable, without leaving issue ; with a power of maintenance during minorities, and an ultimate trust on death of all children under twenty-one without leaving issue: Held that the shares of C.'s children became vested at twenty-one absolutely.-Partridge v. Baylis, 44 L.T.737;
29 W.R. 820. (lxix.) Ch. Div. M. R.-Construction-Residuary Legatee.— Testatrix gave
all she was possessed of to A. for life, and then gave certain pecuniary legacies and appointed M. residuary legatee. At date of will she had no real estate, but she had real estate at date of her death: Held that M. was only entitled to the personalty.-Re Methuen and Blore, L.R. 16
Ch. D. 696; 50 L.J. Ch. 464 ; 44 L.T. 332; 29 W.R. 656. (lxx.) Ch. Div. F. J.-Construction-Right to Reside in House.—Testator
directed that his wife might reside in his house, rent free, during her life. She lived in the house for some years and then let it: Held that she must hand over the rent to the trustees of the will.—May v. May,
44 L.T. 412. (lxxi.) C. A.-Construction—Second Cousins—Decision of M. R. (see Will
xxii., p. 43) affirmed.-Bentham v. Wilson, L.R. 17 Ch. D. 262. (lxxii.) Ch. Div. V. C. B.-Construction-Specific Devise-Land Contracted
to be Sold.—Testator devised to E. the land taken by him in exchange from S. At date of will part of this land was under contract of sale, but the conveyance was not completed till after testator's death: Held
that the parchase-money did not go to E.-Wilson v. Donald, 44 L.T. 467. (lxxiii.) Ch. Div. V. C. H.-Construction-Stock in Trade.—A barge-builder
specifically bequeathed his business and stock in trade : Held that old barges, which he had taken in part payment for new ones, and subse. quently let on hire, passed under the bequest.-— Richardson v. Pilliner,
50 L.J. Ch. 488; 44 L.T. 404. (lxxiv.) Q. B. Div.-Construction - T ncy in Common.—Testator gave
property to J. together with M. during their lifetime, but if M. should marry she should be liable to lose her share immediately: Held that J. and M. took as tenants in common.-Jones v. Jones, 44 L.T. 642;
29 W.R. 786. (lxxv.) Ch. Div. V. C. B.—Tenant for Life and Remainderman-Income
Apportionment. — Testator gave a sum to trustees for his wife for life with remainders over, to be raised out of his estate and invested with her consent. She received interest on the sum up to a certain day, when it was invested in stock with five months' accrued dividends : Held that she was entitled to these dividends.-Barker v. Perowne, 44 L.T. 736; 29 W.R. 730.
(Cases reported only in the Law Times Reports and Weekly Reporter for July 30th.)
Administration :(xxvi.) Ch. Div. F. J.-Executor— Retainer-Proceeds of Sale of Realty.
A fand arising from the sale of a testator's real estate not charged with debts is not subject to the execator's right of retainer.---Walters v.
Walters, 44 L.T. 769. Bankruptcy :(lxxxix.) C. J. B.-Act of Bankruptcy.—Where a bankruptcy petition has
been presented within six months, and other proceedings have been regular, a person may be adjudged bankrupt on an act of bankruptcy committed more than twelve months previously.—Ex parte Grepe, Re
Grepe, 29 W.R. 824. Mortgage : (xxx.) Ch. Div. V. C. B.-Power of Sale-Conveyance by Executors.
37 S. 38 Vict., c. 78, s. 4.- The executors of a deceased mortgagee, who has contracted to sell under a power of sale, cannot convey ander sec. 4 of Vendor and Purchaser Act, 1874.— Re White's Mortgage, 29 W.R. 820.
Practice :(clxxxvii.) Ch. Div. F. J.- Reference -- Objections to Report - Costs.
Objections may be made to the report of an official referee, to whom questions in an action have been referred, on further consideration; but notice of the objections should be given. Where plaintiffs in an administration action had made charges against the trustees which had largely increased the costs of a reference in the action, and which proved unfounded; they were ordered to pay the costs of the action, except such costs as would have been occasioned by a common administration
judgment.-Sykes v. Brook, 29 W.R. 821. (clxxxviii.) Q. B. Div.-Writ of Summons—Time.-A writ of summons in an
action does not date back to the earliest hour of the day on which it is
issued.-Clarke v. Bradlaugh, 44 L.T. 779; 29 W.R. 822. Ship: (liii.) C. A.-Foreign Judgment-Action in Rem.—The Admiralty Div. cannot
entertain a suit in rem on a foreign judgment in personam for damages arising out of a collision.- The City of Mecca, 44 L.T. 750.