See Agreement. Purchaser, 3. Will, 40. CONTRIBUTION. See Bankrupt, 15. Jurisdiction, 8. COPYHOLD. 1. The want of a surrender of copyhold estate to the use of the will supplied in favour of a widow against co-heiresses, daughters of the devisor, married, and infant granddaughters by deceased daughters. The Lord Chancellor was of opinion, that in supplying a surrender the Court is to look only to the object, not to the circumstances of the parties; as, whether the heir has a provision or not. Hills v. Downton. 557 2. The ground of supplying the want of a surrender of copy hold estate is a legal or moral obligation. 563 COPYRIGHT. COSTS-continued. by an unconscientious use of legal process, was deprived of costs subsequent to the payment of money into Court. Lord Cranstown v. Johnston. Page 277 See Laches, 2. Lunatic, 6. Practice, 19, 26, 27. Trust, 7. Will, 39. COUNSEL. See Bankrupt, 1. Practice, 20. COURT, PREROGATIVE. Construction, 2, 3. See Agreement. See Bankrupt. Baron and Féme, 10. D. DEATH.-See Domicil, 2. DECLARATIONS.-See Evidence. 1. The Plaintiff published a book of COSTS. 24 709 1. No costs to a trustee, whose neglect occasioned the suit. O'Callaghan v. Cooper, 117 DEED. A deed not to be varied by parol evidence of the actual agreement Jackson v. Cator. See Will, 1, 39. DELIVERY OF POSSESSION. DEMURRER. See Pleading. Practice, 27. 2. A creditor being decreed to reconvey on payment of what was due on DEPOSITIONS.-See Practice, 13. an estate in the West Indies, acquired DEVASTAVIT.-See Retainer, 1. 688 DEVISE.-See Will. 1. The succession to the personal es- ib. EAST INDIES.-See Infant Trustee, 1. EAST INDIA SHIP (Sale of Command.) The command of an East India ship is 3. In the case of Lord Somerville, of some purposes. ib. See Pleading, 3. See Jurisdiction, 1. 786 EJECTMENT.-See Landlord, 1. 5. Distinction upon cotemporary domicils in the case of a nobleman or gentleman, generally, the domicil is the mansion-house in the country: that of a merchant is at his residence in, town. 789 787 6. A new domicil cannot be acquired during pupilage, or until the person is sui juris. DOUBLE LEGACIES, PORTIONS, &c.-See Portion. Will, 14, 15, 16, 17, 18. DOWER. 1. A provision previous to the marriage of a female infant in bar of dower, thirds, and all claim upon the personal estate of the husband, if precarious and uncertain, as, that the personal estate shall go according to the custom of London, does not bar her. Smith v. Smith. 189 2. Dower established against assignees under a joint commission of bankruptcy upon the estates purchased 181 1. Parties having claims under and against a will must elect. Wollen v. Tanner. 218 2. Whether the infant issue of tenant in tail was bound by the election of his parent, Quære. Long v. Long. 445 3. Election decreed between two claims under and against a will. Blount v. Bestland. 515 See Laches, 1. EQUITY OF REDEMPTION. See Account, Practice, 18, 19. FACTOR.-See Lien. See Jurisdiction, 6, 7. 670 1. A bill in equity not sufficient to prevent the operation of a fine at law. 238 2. Remainder under an old settlement barred by a fine and non-claim; the fine also working a discontinuance. The Defendants producing the lease for a year and a copy of the release, the original not being forthcoming, the bill was retained, with liberty to bring an ejectment; and in default the bill to be dismissed with costs. Snell v. Silcock. See Costs, 1. FORFEITURE.-See Pleading, 3. FRANCHISE.-See Jurisdiction, 6. FRAUD. 469 1. On the ground of fraud a general account was decreed; and the secu rities to stand only for the balance; though the vouchers had been de stroyed by general consent. Wharton v. May. 27 FRAUD-continued. 2. Bill to set aside the sale of a reversion dismissed with costs; the only ground on the evidence being inadequacy of price; and no fraud, &c.; and the bill filed twelve years after the sale. Moth v. Atwood. Page 845 See Bankrupt, 13. Construction, 2, 3. Costs, 2. Evidence, 2, 3. Principal and Agent, 1, 4. FRAUDS (STATUTE OF). See Trust, 3. Will, 11, 39. FRAUDULENT SETTLEMENT. To impeach a settlement after marriage under the Statute 13th Elizabeth the husband must be proved to have been indebted at the time, and to the extent of insolvency. The creditor not producing any evidence, his bill was dismissed; with liberty to file another. Lush v. Wilkinson. G. 384 See Exoneration, 2. Will. INDIA-SHIP (SALE OF COMMAND). INFANT.-See Construction, 2. Domi- GENERAL ORDER-In Bankruptcy, INFANT TRUSTEE. see page 578. 1. An infant trustee ordered to convey an estate in Calcutta under the Statute 7 Ann. c. 19. Ex parte Ander son. 240 INSURANCE. See Annuity, 9, 10. Bankrupt, 9. A written undertaking to pay at a day See Trust, 7. Will, 7. INTEREST, EQUITABLE. INTEREST, VESTED. ISSUE (dying without). ISSUE IN TAIL.-See Election, 2. 5. The cases, in which equity orders instruments, to which there is a legal 693 6. Bill by the bailiff of the city London, entitled under a grant ef Edward VI, of the execution and return of all process in the borough of Southwark, against the sheriff of Surrey for an account of the fees, 7. Upon a bill by the deputy meters of oysters at Billingsgate, appointed by the city of London, the allowance claimed for metage, &c. of the car- goes brought to market being esta- blished as reasonable by the verdict upon an issue, an account and pay- 8. Though contribution among part- ners is now enforced at law, the jurisdiction of Courts of Equity is not ousted; and therefore though the bill was dismissed, the object having been obtained in an action |