Where there is a general direction in a will to sell, although it is not stated by whom the sale is to be made, if the produce of the sale is to be applied by the executors, in the execution of their office, a power to sell will be implied to the executors, and they may sell without the concurrence of the testator's heir at law. (a) The concurrence of the heir at law, however, should always, if possible, be obtained.

An authority by will to a trustee and executor, to lay out money on security, includes an authority to do all acts essential to the trust, and consequently a power to give sufficient receipts to the borrowers. (b)

It must always be seen that the will has been proved in, or that the letters of administration have been granted by, the proper Ecclesiastical Court.

III. TITLES UNDER GUARDIANS.

A guardian by socage cannot convey lands absolutely, but he may dispose of those acquired by the heir by descent, during his guardianship, although he will be afterwards accountable to the heir. The whole estate and interest of the lands is in the guardian, during the guardianship, for the infant's use. (c) And it seems he may make admittance to copyholds in his own name. (d) Guardianship by socage ap

(a) Tylden v. Hyde, 2 Sim. & Stu. 238; and see Anon, 2 Leon. 220. Yates v. Compton, 2 P. W. 308. Dike v. Rake, W. Jones, 327. Warnford v. Thompson, 3 Ves. 512. Bentham v. Wiltshire, 4 Madd. 44. Sowarsby v. Lacy, 4 Madd. 142.

Patton v. Randall, 1 Jac. & W. 189. (b) Wood v. Harman, 5 Madd. 368. (c) Osborn v. Carden, 1 Plowd. 293. And see The King v. Oakley, 10 East, 491.

(d) Wade v. Baker, 1 Ld. Raym.

131.

plies only to the legal estate, and not to an equitable estate. (a)

A guardian in socage may make leases of the infant's lands, which may be either avoided or confirmed on the infant's attaining twenty-one. (b)

Guardians by nurture and nature have only power over the infant's person, and none over his property. (c)

A guardian appointed under the 12 Car. II. c. 24, (d) has the custody not only of the lands descended to the infant, but of all others, however acquired or purchased by him. (e)

A guardian cannot asssign his guardianship to another; (ƒ) nor will it pass to his executors or administrators, nor to the husband of a deceased wife; it absolutely determines by the death of the guardian.(g)

It seems that all guardians may make leases of the infant's lands, which will be valid during the guardianship, without resorting to the Lord Chancellor's authority, and a reference to the Master; (h) but quære as to the right of a guardian by nurture to any such power (i)

(a) Rex v. Inhabitants of Toddington, 1 B. & A. 560

(b) Shopland v. Ryder, Cro. Jac. 55.98. Brisden v. Hussey, 2 Roll. Ab. 41. Ante, p. 174, n. (d)

(c) Bro. Ab. Garde, pl. 70. Carth.

386.

(d) s. 8.

(e) 2 Fonbl. Eq. 223.

(f) Harg. Co. Litt. 88 b, n. 13; ib. 90 b, n. (1). Bedell v. Constable, Vaugh. 181. Mellish v. Costa, 2 Atk. 14, S. C.; 2 Swanst. 533 n. nom. Villareal v. Mellish.

(g) Vaugh. 185. Eyre v. C. of Shaftesbury, 2 P. Wms. 121; 1 Wood. Lec. 458.

(h) 4 Bac. Ab. 139; 1 Ld. Raym. 134; 1 Leon. 158; Vaugh. 182; Plowd. 293; 2 Lev. 219; 2 P. W. 105; 14 Vin. Ab. 185; 2 Watk. Cop. 105; sed contra Roe v. Hodgson, 2 Wils. 129, and 1 Wood. Lec. 459. And see post.

(i) Bedell v. Constable, Vaugh. 179. Duke of Beaufort v. Berty, 1 P. W. 703.

A guardian may also make leases of the infant's copyhold lands, if they are conformable with the custom of the manor, and do not exceed the minority of the ward. (a)

One of three persons who had been jointly appointed guardians of an infant having died, the ViceChancellor, without a reference to the Master, appointed the two survivors guardians of the infant. (b)

(a) 2 Watk. Cop. 105. See further, as to titles under guardians, Chap. XVI., Titles under infants; and

Index, word Infant.

(b) Hall v. Jones, 2 Sim. 41.

CHAPTER XII.

OF ABSTRACTS OF TITLE UNDER BANKRUPTCY AND

INSOLVENCY.

THIS chapter may be divided into,-I. Titles under assignees of bankrupt :-II. Titles under bankrupts : and III. Titles under assignees of insolvent debtors.

1. TITLES UNDER ASSIGNEES OF BANKRUPTS.

A title of this kind frequently depends on a choice of new assignees. Where such new assignees are appointed, it was formerly not sufficient that there should be an order for vacating the former conveyance, and an appointment of new assignees; there must also have been a bargain and sale, or a lease and release from the old to the new assignees. (a)

But by the 6 Geo. IV. c. 16, (b) it is enacted, that if a new conveyance be ordered, it will be valid without any conveyance from the former assignees; but no title of any purchaser under any conveyance prior to the order to vacate, will be affected thereby.

(a) Bloxam and others, assignees of Ward v. Hubbard, 5 East, 407. Aldritt v. Kettridge, 6 Moo. 599.

1 Prest. Abs. 178.

(b) s. 66.

N

Where lands are sold by assignees of bankrupts, the abstract must show the same title as if the lands belonged to them in their own right. (a)

If, however, the assignees advertise the bankrupt's property, to be sold "under such title as he lately held the same," and that an abstract thereof may be seen beforehand, it was held, that the purchaser could not demand any better title than the assignees had. (b)

By the 6 Geo. IV. c. 16, (c) the commissioners may by deed indented and enrolled, make sale of any lands or tenements whereof a bankrupt is seised of any estate tail in possession, reversion, or remainder, and such deed will be as effectual as a fine or recovery. And it was long a matter of doubt whether, under this provision, if a bankrupt at the time of his bankruptcy were entitled to a vested estate tail in remainder, expectant on an estate of freehold, the commissioners could transfer an absolute fee in remainder, expectant on the determination of the preceding estate; or only a base fee so expectant, determinable on failure of the issue of the bankrupt; but it has lately been decided, that the commissioners can make no better title to the lands than the bankrupt himself, and that a base fee only passes by their bargain and sale. (d)

It is a doubtful point whether the bargain and sale must not be enrolled before a term of years will vest