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CORRIGENDA ET ADDENDA.

Page 26, note (c). In connection with Paton v. Sheppard, see Finney v. Grice,

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30, note.

33, note (i).

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10 Ch. D. 13, referred to p. 221, note.

After In re Davies' Trusts, add In re Pinède, 12 Ch. D. 667.
After Harloe v. Harloe, add Penny v. Penny, 11 Ch. D. 440.
As to what is included under the term "executorship
expenses," see Sharp v. Lush, 10 Ch. D. 468.

34, note (i). As to whether a direction for payment of debts by the execu-
tors, coupled with a devise of real estate to them, will
charge the debts on the real estate, see In re Bailey,
12 Ch. D. 268.

,, 35, note. In Re Wedderburn, 9 Ch. D. 112, it was held that the Act 23 & 24 Vict. c. 38, s. 11, operated to enlarge the powers of investment contained in a settlement (made before the Act), notwithstanding express words prohibiting any investments other than those specifically authorised. Id. In connection with form 9 a, see Cadett v. Earle, 5 Ch. D. 710, in which a power to invest in securities of any foreign government was held to extend to securities of any one of the States comprising the United States of America. With reference to the power to invest on heritable securities in Scotland, it should be noted that such securities, which were formerly real estate, are now, under 31 & 32 Vict. c. 101, s. 117 (referred to p. 350, note), in general personal estate.

,, 45, note. It should be pointed out that in Re Cotton the bequest was resi

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duary, and that the decision in that case has no application to a contingent gift (as of a specific fund) which would not carry the intermediate income. See p. 183, note (d); and as to the right to the intermediate income, see p. 310, note (a), p. 311, note.

50. As to the rights of a tenant for life in respect of a reversionary interest in the absence of such a provision as that at the

foot of the page, see Wright v. Lambert, 6 Ch. D. 649.

63. Dele the words "and testament," in the testimonium and attestation

clauses.

72, note (c). In connection with Cockayne v. Harrison, add a reference to Breton v. Mockett, 9 Ch. D. 95.

Page 72, note (e). That marriage with the consent of the surviving parent is a

sufficient compliance with a condition requiring the consent of the "parents," see Dawson v. Oliver-Massey, 2 Ch. D. 753. That a clause of forfeiture on the donee marrying a person of another religion or changing his religion is valid, see Hodgson v. Halford, 11 Ch. D. 959. 73, note (g). As to the capacity of infants to exercise powers, see also In re D'Angibau, Weekly N. 1879, 173.

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100, note.

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Add a reference to Hopkins v. Abbott, L. R. 19 Eq. 222, deciding that money placed in a bank on deposit notes, although it will pass under a bequest of "money," will not pass under a bequest of "securities for money." As to what is included in a gift of "securities for money," see 1 Jarm. Wills, 3rd ed. 731, n., Hawkins, Constr. Wills, 48.

103, note (c). The presumption in favour of an advancement being intended for the wife was in Re Eykyn, 6 Ch. D. 115, held to apply where the fund was invested by the husband in the joint names of himself and his wife and a third party. In connection with the case of Dyer v. Dyer, in the same note, add a reference to Bennet v. Bennet, 10 Ch. D. 474, where it was decided that the presumption which arises in favour of an advancement where a purchase or investment is made by a father in the name of a child, does not arise in the case of a mother.

105, note.

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111, note.

د,

113.

As to the duration of an annuity given pur autre vie, see In re

Ord, 12 Ch. D. 22.

To the cases as to the right of an annuitant to have the deficiency in the income of a fund appropriated to pay the annuity made good out of the corpus, add Gee v. Mahood, 9 Ch. D. 151, on app. 11 Ch. D. 891.

In connection with the clause in the note, see In re Roper, 11 Ch. D. 272, where a direction that the income of a fund given to infants should be paid to their mother, to be applied for their benefit at her discretion, was held not to exclude the interference of the Court where the discretion was not properly exercised.

,, 127, note (m). On the subject of clauses of forfeiture on bankruptcy or alienation, see Samuel v. Samuel, 12 Ch. D., 152, showing that the Court will in construing such a clause be guided by the manifest intention that the gift should be for the personal enjoyment of the donee, so as not to hold the interest to be forfeited by a charge or incumbrance which is vacated before it comes into possession. See the remarks in the judgment as to the effect of the donee charging so far as he has power" to do so.

66

128, note, line 18 after "Royal Geographical Society," add "Beaumont v. Oliveira." To the cases as to what constitutes a charit

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