SURRENDER.-Continued.

No surrender whether of freehold or leasehold is

Vol. Page.

iii. 637

iv. 210

iii. 591

SURVIVORSHIP. Covenant that there shall be no

benefit of between lessees

Proviso of amongst children

vi. 445, 538, 586, 589, 680

If no such proviso, the interest of those dying will
sink into the estate for the benefit of the heir vi. 445

T.

TAIL: Leases by tenants in tail, how to be made
under the statute $2 Hen. 8. c. 28.

Extends only to freeholds

Are binding in the issue of tail only, and not on
the remainder-man

Form of lease from

TAXES. How far lessee bound to pay the same under

iii. 381

ib.

ib.

ib.

Where he has a leasing power, cautions respecting iv. 243

Conveyance of the reversion to

TENANT IN TAIL, leases by, only bind the issue, and

not those in remainder

Lease from

TENANT IN COMMON. Agreement to purchase the
estate of, may be stipulated to be vacated in
case of the death of either

i. 20 n.

Provision in an agreement for the purchase of pre-
mises by two or more in respect of payment of
the purchase-money

TENANT IN TAIL. Conveyance from to a purchaser i. 214
Mortgage by

TENANT TO THE PRÆCIPE. How made
Should execute the deed

iv. 145

i. 217, 225

i. 242

i. 10 n. 13.

TERMS. At whose expence to be assigned. Different

opinions thereon

TERMS.-Continued.

Vol. Page.

i. 10 n. 13

Once assigned, not an incumbrance, but actual pro-
tection of the inheritance
Observations on the assignment of

Ought not to be assigned to a purchaser, where the
fee is conveyed to a trustee

Form of creating one in a purchase deed, where
part of the purchase is to remain on mortgage
Declaration that outstanding terms shall attend the
trusts of a marriage settlement

ii. 70

ii. 119

i. 457

vi. 488, 562

To be created to raise an annuity by way of pin-

vi. 377

vi. 378

ib.

vi. 435, 452

Declaration of the trusts of a term of one theu-

sand years in a marriage settlement

vi. 436

To permit reversioner to receive rents, till default
in payment of an annuity

vi. 437

To raise portions for younger children

What powers are vested in trustees for this purpose,
and how the same should be executed

vi. 438

vi. 438, 439

TESTATUM. Of deeds and instruments executed by

attornies

By a corporation

TIMBER.

i. 23 n. 32
i. 103 n. 29

Power to fell timber must be expressly
given to a tenant for life, otherwise he cannot cut,
though there be a devise over

To be valued separately on an agreement for the
purchase of a real estate

vi. 752

. i. 5

i. 14 n. 19

TIME may be made essential to complete an agreement
for the purchase of an estate

ib.

TITLES. Conveyance of by bargain and sale inrolled i. 394
Observations on the modes of conveyance thereof
And whether by bargain and sale or not, should
be enrolled

Ecclesiastical persons may grant a lease of their
tithes, under 5 Geo. 3. c. 17.
Lease of

i. 404

iii. 289
iii. 289, 291

TITLE. Stipulation that lessor's title shall not be in-
spected, and reason thereof

Defect of; stipulations in conditions of sale by
auction, in respect thereof, reasonable

i. 87 n. 7.

i. 96
i. 120

TITLE DEEDS. Grant of in a deed of feoffinent
In a bargain and sale to be enrolled
In a release
Should be delivered to mortgagor, to prevent his
being postponed to subsequent incumbrancers iv. 69

169, 170, et plurim.

Vol. Page.

TRADE. All restrictions against the general exercise
of a trade are illegal; but a covenant not to exer-
cise a trade within a particular district, is good vi. 348
And a good consideration should be apparent on
the face of such a covenant
See also Copartnership, Debtor and Creditor, and

Leases.

TREES cannot be felled by lessor, without an excep-
tion in the lease, as the lessee has a right to the
shade for the benefit of his cattle

TRUSTEES to prevent dower, conveyance to

vi. 349

iii. 262

i. 515

Conveyance to trustees purchasing under a power i. 537
Where trustees are devisees under a will, all per-
sons beneficially interested should join in the

iv. 493

v. 154

Mortgage by for raising of portions for younger
children
Indemnity to on their joining in an annuity deed v. 324
For absolute sale, may convey without the owner ii. 232
Ought only to covenant against their own acts, and
not for further assurance
But in an assignment for the benefit of creditors
of leaseholds, they ought to covenant to pay the
rent, and indemnify the debtor

ii. 245, 246, 247

Are all liable, if they join in receipts
But not for casual loss, as by the failure of bankers,
or the like, unless it happened through their
gross negligence

They may retain their expences without any ex-
press clause for that purpose

vi. 78
vi. 119

ib.

vi. 121

To preserve contingent remainders, why necessary vi. 409
Power of appointing new trustees essential in every

marriage settlement

Care should be taken against permitting only

remain, as the place of such only survivor must be
supplied by a bill in equity, if he die leaving an
infant heir

vi. 489

ib.

Vol. Page.

TRUSTEES.-Continued.
To preserve contingent remainders, take vested in-

terests

vi. 493

Are liable without any actual privity or concur-
rence, unless there is a clause of indemnity vi. 494
Trustees are answerable for each other, unless there
is a clause to the contrary
Their receipts how far good

vi. 495
vi. 465
ib.

Purchasers may require all the trustees to join
Are responsible without any special clause for any
loss occasioned through negligence or want of care vi. 496
Have a right to retain and reimburse themselves
without any clause to that effect, and without be-
ing strictly limited to taxed costs
vi. 497
Cannot sell or exchange without an express power vi. 402
Cannot break in upon an infant's principal for the
purposes of advancement, without an express

vi. 449, 594

power
Observations on the powers of trustees for raising
monies for such purpose

vi. 438, 439

There should be three trustees appointed for monies
in the funds, and the reason

vi. 521

Trustees for raising portions should be different from
those to preserve remainders

vi. 390

The consideration of marriage is alone sufficient
to raise an use in trustees

vi. 398

Trustees to preserve contingent remainders not ne-
cessary in copy holds

vi. 409

What public funds they may invest trust monies

vi. 474

in

Power of appointing new trustees in marriage set-
tlements

vi. 489, 564, 611, 654
New trustees to have the same powers vi. 491, 566, 615
To be chargeable for their own acts only

And not for involuntary losses

vi. 495, 568,
616, 638, 710

vi. 495, 569, 617, 710

That they shall retain their expences vi. 497, 570, 618,

638, 711

Power to, to purchase lands to be settled to the

same uses

And in the mean time, to invest the monies upon
good securities

To preserve contingent remainders in a will, as to
the necessity of

And executors not bound to enter into any other
covenant as such, than that they have not in-
cumbered

vi. 474

ib.

vi. 753

i. 9 n. 12

But they may be required, in an agreement for
the purchase of an estate, to stipulate that they
will enter into all usual covenants according to
their respective estates

ib.

Vol. Page.

TRUSTEES—Continued.

Covenant that they have done no act to incumber ii. 44
Trustees to prevent dower in the new form, should
be made a party to a future conveyance
Lease from under a power

ii. 52
iii. 445

U.

UNFINISHED HOUSES. Mortgage of leases of

UNIVERSITY. Lease from a college in

UNLESS. The words unless, &c. in a præcipe and
concord, meaning thereof

USE. Cannot be limited upon a use

V. 88

iii. 350

i. 107, n. 6

i. 121, n. 18

USES. Limitation of to the use of intended husband

till marriage

The reason thereof

To the use of trustees to preserve contingent re-
mainders

To the use of the intended husband for life

Or until bankruptcy

vi. 406, 407, 532

vi.. 407

vi. 409, 533, 534

vi. 407

vi. 533

vi. 410

vi. 410, 534

To the use that wife may enjoy a rent charge by

way of jointure

To the use of intended wife for life

To the first and other sons in tail male

To the use of such child or children, as husband

In default of a joint appointment, as survivor shall
appoint

And in totul default, to the children equally
Limitation of in marriage settlements in default of
appointment to trustees to sell, and divide the
monies amongst children

If no children to the husband

ib.

vi. 540

Or of one moiety to the husband, and the other

Shifting uses, in case of sons coming to other es-

tates

vi. 421

To the daughters generally

To the first and other daughters in tail male
To the first and other sons in tail general
To the first and other daughters in general
Limitation of to such daughters as husband and
wife shall appoint