TITHES-2. Commutation-Adjoining parishes-Boundary- Tithe
Commissioners
Prohibition. In re Ystradgynlais Tithe

Commissioners

- Jurisdiction

830

Perry

TRADE NAME-Imitation-Tendency to deceive-Misrepresentation
by plaintiff-Injunction-Property in trade name or trade mark.
v. Truefitt, 11; Gout v. Aleploglu

13, n.
TRESPASS-1. Forcible entry-Distress for rent. See Landlord and
Tenant, 4.

2. Wrongful distress-Trespass ab initio. See Landlord and

Tenant, 3.

and annoyance

-

Entering dwelling-house

Disturbance

- Personal injury - Action by bankrupt - Right of
action not passing to assignee. Spence v. Rogers .

5. Asportation of goods of intestate.
Administrator, 2.

TRUST-1. Trustee - Breach of trust Produce of sale of real
estate - Neglect to invest in stock. Money advanced on personal
security-Liability for stock which money would have produced at time
Watts v. Girdlestone

of sale.

2.

49

Loan to tenant for life Waiver of right to
impound life interest of tenant for life for purpose of replacing fund.
Fuller v. Knight

51
Investment in Exchequer bills-Bills left in hands
of broker-Misapplication by broker-Liability of trustee.

3.

Brise

4.

Matthews v.

69

Marriage settlement-Covenant by husband to pay
sum on given day-Neglect of trustee to enforce covenant-Ability of
husband to satisfy covenant-Reference to Master. Maitland v. Bateman

5.

206

Investment Exchequer bills, temporary investment
in justified. Matthews v. Brise,

69

6. Trust money-Investment by tenant for life in his own name
-Purchase of real estate-Trustees' lien on estate for trust money-
Lapse of time, lien not affected by, during lifetime of tenant for life.
Price v. Blakemore

VENDOR AND PURCHASER-1. Conditions of sale-Sale of two
houses held under one lease to separate purchasers-Conditions pro-
viding for apportionment of rent-No provision as to covenants in
lease-Completion decreed though one purchaser might be evicted for
default of the other Observations on special conditions of sale.
Paterson v. Long

2.

191

Title Copyholds-Mortgage-Premises not surrendered
Estoppel-Stamp duty. Sellick v. Trevor.

731

3. Delay in completion-Where time of essence of contract—-
Waiver. King v. Wilson

32

4. Misdescription-Error as to quantity-Purchase by tenant in
possession-Abatement. King v. Within

5. Sale under decree-Juurisdicton of Court-Infant-Trustee-
Costs-11 Geo. IV. & 1 Will. IV. c. 60. Calvert v. Godfrey.

24

R.R.-VOL. LXIII.

55

VENDOR AND PURCHASER-6. Tithes-Contract not signed by
party chargeable-Statute of Frauds. Blachford v. Kirkpatrick

69

7. Title-Sale under decree-Irregularity of process-Purchaser
discharged with costs and expenses where good title not shown
Calvert v. Godfrey

8.

Specific performance-Title manifestly bad-Delay and
acquiescence. Blachford v. Kirkpatrick .

9.

65

Sale of trust property-Stipulation that purchaser
should retain out of purchase-money private debt due from trustee-
Specific performance not decreed on bill by trustee. Thompson v.
Blackstone

10.

147

Personal indemnity against incumbrances by
trustees-Purchase-money probably insufficient to discharge incum-
brances-Discretion of Court-Plaintiff left to remedy by action for
damages at law. Wedgwood v. Adams
195

11.

Railway Company-Statutory right to sell surplus
lands-Right of pre-exemption of owners of adjoining lands-Lands
offered to and declined by adjoining owners after sale to third party-
Question of conveyance only-Costs. London and Greenwich Ry. Co. v.
Goodchild

12.

Conditions of sale-Descriptions in documents and in
particulars not agreeing-Proof of identity-General exception to title
not pointing out objections. Flower v. Hartopp.

WAGER. See Gaming.

149

WARRANT OF ATTORNEY-1. Application to set aside warrant
Warrant not duly attested-Application must be made by party himself
or by his solicitor specially authorised. Lewis v. Lord Tankerville

2. Cognovit - Omission to file - Judgment not signed within
21 days-Execution void against assignees of bankrupt. Biffin v. Yorke

337

WILL-1. Alteration in will-Erasure of word-Gift of annuity-
Subsequent change in amount-Memorandum recognising alteration
not properly attested. Locke v. James .

2. Charge of debts and legacies - Creation of mixed fund of
realty and personalty- Charitable legacies- Direction to pay out of
pure personalty Fund for payment of annuities and to aid in
payment of charitable legacies on death of annuitants-Demonstrative
fund of pure personalty for payment of charitable gifts. Sturge v.
Dimsdale
143

3. Charitable gift-Gift to erect monument and to build organ
gallery-Statute of Mortmain-First object valid and second invalid-
Apportionment of gift. Adnam v. Cole.

. 107
4. Devise-Estate for life-Devise to A. for life-Limitation over
to "the issue of the body of A. share and share alike as tenants in
common and the heirs of such issue." Greenwood v. Rothwell
423

Power of sale-Charge of debts-Sale by surviving
executor-Uncertainty as to whether debts remaining unpaid. Forbes

v. Peacock

694

6. Estate Quasi estate tail-Devise of leaseholds to A. for life-
Limitation over to male issue according to seniority. Jordan v. Low

7. Gift over on contingency-De
- Prior life
interest-Contingency limited to death w issue before death of
tenant for life. Barker v. Cocks

17

WILL-8. Gift to class-Residue-Period of distribution postponed
by will-Children born after death of testator, inclusion of in class.
Gardner v. James

44

9. "Heirs "Next of kin-Ultimate limitation of personalty to
"heirs of B."- Next of kin held entitled. Evans v. Salt.
76

10. "Lawful heirs" held to mean "heirs of the body." Simpson
V. Ashworth
130
11. Substitution-Gift to testator's "four children, the survivor
or survivors of them equally or to their heirs "-Death of one child in
lifetime of testator-Right of children of deceased child to one-fourth
by way of substitution. Price v. Lockley
46

12.

Gift to wife for life subject to payment of annuity to A.
for life-Gift of specific sum of stock to A. for life on death of wife-
Dividends held to be in substitution for annuity. Adnam v. Cole . 107
13.
Gift to wife for life-Limitation over to children then
living-Gift to issue of deceased children-Issue to take only "the
share their father or mother would have been entitled to "-Issue held
to take by substitution on surviving tenant for life.
Bennett v.
Merriman .
110

14. Uncertainty-Gift over-Residue-Gift to A. for life "and
whatever she can transfer to go to her daughters B. and C."
Flint v.
Hughes

102

END OF VOL. LXIII

BRADBURY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBRIDGE.