TRUST AND MORTGAGE ESTATE,

devolution of, on death, 70

devise of, now ineffectual, 71

vesting of trust estate on appointment of new trustees,
74, 77

on retirement of trustee, 76, 78

sale of trust estate with other property, 79

TRUSTEES,

when vendor is not a trustee, 18

implied covenant on conveyance by, 33

appointment of new, 73

petition for, where unnecessary, ib.

disclaiming trustee, ib.

bankrupt trustee, 74

number may be increased, 74

reduced, when, ib.

vesting of trust property in, 77, 78

declaration as to, 77, 78

applicable to all appointments of new trustees, 77

must be by deed, ib.

stamp on, ib.

chose in action, ib.

no declaration as to equities, ib.

effect of vesting clause, ib.

where there should be separate deed of convey-

ance, ib.

exceptions from vesting by declaration, 78
retirement and discharge of, 75

register searches for declarations of vesting, 78
powers of

to buy or sell under V. & P. A., 8

under C. A., 18

to sell by auction or private contract, 78

words sufficient to authorise sale, 79

to give receipts, ib.

to compound debts, 80

to manage infant's land, 82

to apply income of land and other property of

infant, 84, 85

and invest and accumulate surplus of income,
84, 86

TRUSTEES-continued.

powers of-continued.

of two or more, 80

of new trustees, 74

of trustees appointed by Court, 76
summary of statutory powers of, 72
survivorship of powers or trusts of, 80

adopting C. A. protected, 106

convey according to their estate, 189, n.

UNDERLEASE,

payment of rent and performance of covenants under,
evidence of, 16

title to

freehold not to be called for, in contract to grant or
assign, 7

nor title to leasehold reversion, in contract to sell and

UNDERLESSEE,

assign, 14

nor in contract to grant, 44

has notice of his lessor's title, 14

intended, not to call for his lessor's freehold title, 45
contra as to leasehold title, ib.

UNDERLESSOR'S TITLE,

underlessee has notice of, 14

UNDERTAKING

for safe custody of documents, 39

obligation under, 39
damages, 40

application to Court under, ib.

satisfies liability to give covenant for safe custody, ib.

stamp on, when by separate document, 41

to and by whom given, 42

VENDOR to be named or otherwise described in contract,

133 (b).

VENDOR & P. A. & Conv. A., effect of, on form and contents

of documents, 1-5

VESTING TRUST PROPERTY

on appointment or retirement of trustees, 77,
applies to all appointments of trustees, 77
declaration as to, must be by deed, ib.

none for equities, ib.

stamp on, ib.

register searches as to, 78

78

WIDOW, effect of words "without ever having been
married" in settlement on second marriage of, 167 (a)

WIFE: See MARRIED WOMAN; HUSBAND AND Wife.

WILL, non-registration of, in Middlesex and Yorkshire,
cured in certain cases, 9

time allowed for registration, ib.

INDEX OF FORMS.

ACKNOWLEDGMENT of right to production, 151
conditions as to, 145

ACTION

for sale of mortgaged property, endorsement on writ in,

270

judgment for sale in, ib.

ADMINISTRATOR: See PERSONAL REPRESENTATIVE.

AGREEMENT

for sale, 126

varying powers of leasing in mortgage, 224

applying leasing powers to, ib.

for settling other property of wife, 171

ANNUITY, covenant to pay, 234

ASSIGNMENT

of life interest in investments, 208

of policies, 208, 210, 245

of mortgage debt, 212, 217, 220, 246

of wife's fortune in marriage settlement, 231, 241

ATTESTATION CLAUSE in will, 188

CODICIL, commencement and end of, 178

CONDITIONS OF SALE.

I. CONDITIONS IMPLIED BY STATUTE,

forty years substituted for sixty as root of title, 6
lessor's title not to be called for, ib., 7

nor right to grant lease, 16

CONDITIONS OF SALE-continued.

I. CONDITIONS IMPLIED BY STATUTE-continued.

underlessor's title not to be called for, 14

nor right to grant underlease, or superior
lease, 16

receipt for last payment of rent under lease, evidence
that covenants have been performed, 16

receipt for last payment of rent under underlease,
evidence that covenants thereof, and rent and
covenants under superior lease have been paid
and performed, ib.

title to enfranchised copyholds, 14

recitals as to land or hereditaments twenty years old
to be evidence, 2, 7

recitals as to any property prior to commencement
of title to be assumed correct, 15

prior title, requisitions, &c., precluded, ib.

expense of journeys and searches, 16

of attested and other copies, 17

production of documents and evidence not in
vendor's possession, expense of, 16

purchaser of several lots only to have one
abstract, 17

inability of vendor to furnish covenant for,
where not an objection, 7

cost of covenant for, ib.

vendor's right to retain documents, ib.

execution of purchase deed, 36

authority for payment of consideration to solicitor,

95

summary of, 125, 126

II. CONDITIONS EXPRESSED IN CONTRACT.

1. Ordinary conditions on sale by auctions:-

bidding and reserve price, 130

consolidation of lots, ib.

deposit; time for completion, ib.

interest in case of delay, 131

requisitions and replies to answers, ib.

power to rescind, ib.

conveyance; delivery of draft, 132

power to resell, ib.

memorandum for signature, 133

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