present motion.

order, and of the
[Hibberson v. Cooke]

DECREE.

See tit. PRACTICE, 15.

DEMURRER.

See tit. Bill to perPETUATE TES-
TIMONY.-VEndor and Vendee.

248
7. Cestuis que trust, bringing an ac-
tion in trustee's name, ordered to
give security for costs. [Annesley
v. Sir John Simeon]
390
8. Solicitor has no lien, on a fund
decreed to his client, beyond his
costs in that suit; semble, he can- 1.
not claim the amount of other
costs due to him in other suits.
[Lann v. Church]
391
9. A petition for an order to tax a
solicitor's bill of costs, in bank-
ruptcy, up to the choice of assig-
nees, after it has been taxed by the
commissioners, will not be granted, 2.
unless specific errors are stated.
[Ex parte Brereton, in re Sutton]

COVENANT.

479

See tit.SATISFACTION OF COVENANT.

CROSS-BILL.

See tit. DEMURRER, 2.-PRAC-
TICE, 27.

CROWN.

See tit. TRAVerse.

CUSTOM.

See tit. TOLL.

DEBTS.

See tit. Devises and BeqUESTS, 10
-TRADERS.

On a bill being filed in the Ex-
chequer for tithes, the defendant
filed a cross-bill in the Court of
Chancery for a discovery of the
plaintiff's title to the tithes, and
whether he had not conveyed them
away; and on demurrer, it was
held, that the defendant was not
entitled to a discovery of the plain-
tiff's title to the tithes, but was
entitled to a discovery whether he
had conveyed them away. A doubt
was entertained, whether a cross-
bill could be filed in Chancery
when the original bill was in the
Court of Exchequer; but the de-
fendant having answered part of
the bill, was considered as pre-
cluded from raising the objection.
[Glegg v. Legh]
193
3. On a demurrer by a witness to an
interrogatory, the same was over-
ruled, it being too general; but
leave was given to put in a written

Held, that M. J. took an 5.
estate for life with remainder to
her children, as tenants in common
in fee. [Jeffery and others v. Hony-
wood]

-

bequest of the residue for her own
use and benefit. The residue held
not to be separate estate of the wife.
[Wills v. Sayers]
- 409
7. Heritable bonds, together with
English securities, were given on a
loan of money to a domiciled
Englishman. Held, that a will,
disposing of the money due on such
securities, was effectual; and that
the heir at law of the testator had
no claim in respect of the heritable
bonds. [Dutchess Dowager of Buc-
cleuch, &c. and another v. Hoare
and others]
- 467
8. Devise of lands to testator's wife
for life, with a direction, that after
her death the same should be sold,
and the produce divided among his
nephews and nieces; the children
of such of them as should be then
dead, to stand in the place of their
father and mother deceased. A
niece and nephew died in the tes-
tator's life-time, leaving children.
Held, that the benefit of the be-
quest extended only to such of the
testator's nephews and nieces as
were in esse at the testator's death,
and to the children of such of them
as should die after the testator, and
before the testator's wife. [Thorn-
hill v. Thornhill]
- 377
9. Bequest to M. S. of "2,000l.
stock of my four per cent. and
in case of her death, the said 2,000l.
stock shall then be equally divided
between her children." Held, that
M. S. being alive at the death of

10. In order to exempt the personal
estate from the payment of debts
and funeral expenses, there must
be a clear intention, either express-
ed, or to be extracted from the
whole will, that the real estate is
to be applied as the primary fund
for those purposes. [Greene v.
Greene]

148
11. Devise to M. J. and to all and

mon.

every the child and children, whe-
ther male or female, of her body
lawfully issuing, and unto his, her
and their heirs, as tenants in com-
Held, that M. J. took an
estate for life, with remainder to
her children, as tenants in common
in fee. [Jeffery v. Honywood] 398
12. Where land is devised to be sold,
and there is a partial failure of the
purpose of the devisor as to the
price, but there remains some pur-
pose
of the devisor to be answered
by a sale, there the heir takes the
benefit of the partial failure as
money, and not as land. But if
there be a total failure of the pur-
poses of the devisor as to the price,
his intention as to a sale is to be
considered as not applying to
the events which have happened,
and the heir takes the land as
real estate. [Smith v. Claxton and
others]
- 484
13. The testator gave to his wife all
his ready-money and banknotes
which he should have about his

to the question of bankruptcy, by
the production of the commission,
&c. under the 49 G. 3, c. 121, s. 11,
although no notice has been given
on their part of an intention to dis-
pute the commission. [Bell and
another v. Tinney and others] 372
2. If the bill states a defendant to be
out of the jurisdiction, and it is
admitted by infant defendants,
proof of the fact is nevertheless
necessary. [Wilkinson v. Beal and
others] -

paid to her children; and upon
further trust, to pay his daughter,
N. V. an annuity of 100l. for her
life, and to permit her to use, oc-
cupy, and enjoy a certain messuage
for her life, and after her decease
to raise 2,000l. for her children;
and after giving legacies to his
other children, the testator gave
the residue of his real and personal
estate amongst his children, and
gave the usual power of sale to his
trustees. Held, that the wife, claim-
ing dower, must be put to an elec-3.
tion. [Brain v. Miall and others] 119
2. The defendant agreed to take
a lease from the plaintiff, and was
let into possession. The plaintiff
filed a bill for a specific perform-
ance of the agreement, and brought
an action for use and occupation.
It was referred to the Master, to
see if the defendant was proceed-
ing at law, and in equity for the
same matter he reported in the
affirmative, and an exception to his 4.
report was overruled. [Carrick v.
Young]

437

-

408
A. mortgages to B., C. is the only
witness to such mortgage. B. dies
and bequeaths to the wife of C.
and also to others the mortgage.
C. and wife, and the others, file a
bill of foreclosure against A. and
subsequent incumbrancers. Proof:
C.'s hand writing by a third person
was held sufficient proof of the
execution of the mortgage made
by A. to B. [Inman v. Parsons]

1. On appeal to the House of Lords,
it was held, that if the Master re-
ports that certain admissions were
made before him, and exceptions
are taken to such statements of