LUNATIC. 1. Upon a search of precedents, it was held no objection to the return of an inquisition finding a person lunatic, that it does not state, that the lunatic has or has not lucid intervals. Ex parte Wragg, Ex parte Ferne.

Page 450 2. A traverse to the return to an inquisition finding a person lunatic is a right by law though the Lord Chancellor is not dissatisfied with the return upon the evidence. The order was therefore suspended for the purpose of taking the traverse. Ex parte Wragg, Ex parte Ferne.

450

3. Manner of pleading a traverse to an inquisition finding a person lunatic.

556

452 4. The Lord Chancellor cannot upon a petition in lunacy order part of the lunatic's real estate to be sold for payment of his debts, to prevent a bill by the creditors. Ex parte Smith. 5. (Ante, 450.) Upon the return of the traverse to the inquisition of lunacy, finding, that the party was a lunatic at the time of her marriage and at the time of taking the inquisition, but at that time (the verdict) was not a lunatic, the commission was superseded: but the Lord Chancellor doubted the propriety of such a double issue. Ex parte Ferne.

832

MAINTENANCE-continued.

195,

father being dead, having left all his property, which was considerable, to his wife, who married a person in low circumstances, maintenance was decreed, without an inquiry, whether it was for the benefit of the infants; the Court judging of that. Greenwell v. Greenwell. Page 194 2. Residuary bequest to a very large amount in favor of infant grandchildren, payable at twenty-one or marriage, with survivorship; the interest to accumulate, and be paid with the capital; and in case of the death of all before the time of pay ment, over to their mother abso lutely. The father's income, though considerable, bearing no proportion to the fortune bequeathed, and there being several children, the Court directed maintenance, taking the consent of the mother. Cavendish v. Mercer. 3. Residuary bequest in favor of infant grand-children, payable at twenty-one or marriage, or to the issue of those dead, with survivorship, aud accumulation till the time of payment, and a limitation over absolutely in case of the death of all without issue before that time. The father in consequence of bankruptcy being wholly unable to maintain his children, maintenance was directed by the Court, taking the consent of the persons, to whom the property was given over. Fendall v. Nash. 197, R. 4. Irregular to confirm reports as to maintenance on motion. 5. A direction by will to apply so much interest as might be necessary towards the maintenance and education of the testator's grand-children upon the decease of their respective mothers, the residue to accumulate for them all, was con fined to so much as should be ac tually necessary, regard being had to their situation at the death of their mother: their father having by his will left them a considerable property, with a provision for maintenance. Rawlins v. Goldfrap. 440 See Parent and Child,

199

Féme. MARRIAGE.

1. Trust term by will to raise out of real estate portions for daughters, to be paid on marriage, upon condition, that they should be married with consent of their mother, or, after her death, of the trustees, and that the husband should previously make a settlement, the residue of the personal estate, subject to debts. and legacies, to be applied in discharging the portions in ease of the real estate, or for any purpose the trustees might judge most beneficial for the devisee. A marriage having taken place with the consent of the mother and the privity of the trustee, but without any settlement, by the neglect of the trustee, the husband having before and after the marriage offered all, that was required of him, and been ready to execute a settlement within the condition, relief was given upon those circumstances by raising the portion upon executing the settlement.O'Callaghan v.Cooper. Page 117 2. Whether marriage of a widower with the sister of his deceased wife, in England voidable, in Scotland is void, Quære. Snelham v. Bayley,

4. Under a conveyance of a West India estate, in effect a mortgage, though expressed as a trust, an assignee was held liable to account as a mortgagee, and not entitled to charge as trustee or agent. Therefore the accounts settled with the executors of the mortgagor since his death in 1791 were declared not to be considered settled: the prior accounts to stand; with liberty to surcharge and falsify; but not farther back than 1785. Chambers v. Goldwin.

834 See Bankrupt, 3, 11. Chancery. Exoneration, 1. Insolvent Act, Will, 12, 41.

N.

NATURAL CHILD.-See Will, 36.

tate.

MORTGAGE,

1. Mortgagee having permitted the tenaut for life to run in arrear for the

1. Affidavit to support a writ of Ne ereat Regno must be positive. Roddam v. Hetherington..

91

2. Writ of Ne exeat Regno, obtained by a resident here against a resident

NE EXEAT REGNO-continued. in the West Indies upon a demand arising there, when the answer came in, was discharged under the circumstances, with costs against the prochein amy of the infant Plaintiff': but upon the admissions in the answer the Defendant was ordered to give security to abide the decree. Roddam v. Hetherington. Page 91 3. The writ of Ne exeat Regno issued properly the subject being matter of account. A general affidavit of belief of the Defendant's intention to quit the kingdom is sufficient, without the circumstances, upon which that belief is founded. Russell v. Asby.

96

4. Upon an application for the writ of Ne exeat Regno no subpœna is served: but upon personal service of the writ the party is bound to appear and to put in his answer; and then he may apply to supersede the writ; but not upon his affidavit. Russell v. Asby.

96

5. Analogy between the applications for the writ of Ne exeat Regno and to a Judge to hold to special bail.

ORNAMENTAL TREES.
See Landlord and Tenant, 3.
OYSTER METERS.
See Jurisdiction, 7.

ecutor.

P.

PARENT AND CHILD. 1. A father may leave his children without a maintenance; and the paIrish have no remedy against the exPage 444 2. A son, tenant in tail in remainder, when just of age, in 1769, joined his father, tenant for life, in a recovery, for the purpose of raising 30001. for the father, and re-selling the estate, the son taking back only an estate for life, with remainder to his first and other sons, &c. What ever equity he might have had against that settlement was lost by his marriage and acquiescence till after the death of his father in 1793; though under the circumstances there was no probability of issue. Upon that ground a bill by the trustees under a general trust for his creditors, claiming as purchasers under the stat. 27 Eliz. c. 4, was dismissed, without deciding, whether they could sustain that character; or, how far a settlement, merely as being voluntary is affected by the statutes of Elizabeth. Brown v. Carter. 862 See Advancement. Construction, 3. Election, 2. Power, 5. PAROL AGREEMENT. See Agreement. Evidence. PAROL EVIDENCE. See Evidence. Satisfaction, 1. PARTITION.

Agreement for partition established against a conveyance, and against a devise; operating as a revocation, by depriving the testatrix of all interest in the estate devised. Knollys V. Alcock. PARTNER.

648

PARTNER-continued.

2. Profits, accrued after the death of one partner, are joint property. Hammond v. Douglas.

Page 539 See Bankrupt, 2, 4, 5. Dower, 2. Jurisdiction, 8. Trust, 3.

PARTY.

Devise to trustees and their heirs to the use of other trustees for 1000 years: upon trust by sale, lease, mortgage, or otherwise, to raise and pay such sum as the personal estate should fall short of the debts; and after raising and paying thereof then in strict settlement. A bill being filed by creditors, the personal estate proving deficient, and the trustees of the inheritance having con. tracted to sell under a power, upon their supplemental bill, praying the benefit of the accounts against the surviving trustee of the term, though no party to the original 'cause, that the debts may be paid out of the purchase-money, and that on payment the term may be assigned to the purchasers, it was so decreed; the Defendants not objecting. Fletcher v. Hoghton.

550

PERPETUITY-continued.

die without issue: a vested interest in the grand-children; and the limitation over is too remote. Rawlins v. Goldfrap. Page 440 2. Trust by deed, creating estates tail, after any contract for alienation to raise a sum of money for the persons next in the course of limitation, declared void, as tending to a perpetuity, and inconsistent with the rights of the tenant in tail. Mainwaring v. Baxter. PERSONAL ESTATE. Personal estate is so fluctuating in its nature, that it is impossible to make every specific article the subject of settlement.

458

274 See Construction, 2, 3. Domicil. Perpetuity, 1. Power, 9. Will,

11.

PERSONAL REPRESENTATIVE. See Executor. Representative, 1. PLEADING.

1. Forty-six years after a decree directing in execution of the trusts of the will a conveyance in fee to the tenant in tail male, having also the reversion in fee, with consent of the only intermediate remainder-man in tail male, a bill was filed against their devisee; the Plaintiffs claiming under an old voluntary grant out of the reversion, the estates tail being spent and no recovery; and praying a discovery and conveyance. A general demurrer was allowed; though the decree and conveyance were stated only by way of pretence, not expressly charged: the whole right as against the Defendants, being founded on that conveyance. Fletcher v. Tollet. 2. Admission of assets prevents the necessity of setting forth the accounts. Pullen v. Smith.

3

21 3. Bill by the East India Company claiming from a part-owner of a ship, freighted by them double the sum received by him for the sale of the command, to be paid or allowed under the charter-party, and a bye-law of the Company, one