An inclosure act, reciting that S.
was entitled, as lord of a manor,
to the soil and royalties, and, as
lay rector, to all tithes within the
manor, and that he claimed right
of common on the waste in re-
spect of the soil and royalties,
directed certain allotments to be
made to him in compensation for
his right to the soil of the waste,
and to the tithes, and that the
residue of the waste should be
divided among S. and the other
persons having right of common
upon such waste in proportion to
their respective claims; and it
reserved to the lord the seignory
and royalties. The act made no
mention of any right of warren
existing in the lord; but there
was some evidence that S. had
used part of the waste as a rabbit-
warren. The award gave an al-
lotment to S. for his right of
warren, and also three other al-
lotments, which purported to be
made for his right to the soil, his
right to the tithes, and his right
of common and other rights and
interests in the waste, respect-
ively; which allotments were de-
clared to be a full compensation
for all his right and interest in the
lands directed to be inclosed:
Held, that S.'s title to the warren
allotment was not such as a pur-
chaser could be compelled to take.
Casamajor v. Strode. Page 706
1. A plaintiff may by amended bill
introduce new matter which oc-
curred prior to filing the original
bill, in order to fortify his case,
but he cannot introduce new
matter which occurred subse-
quently to the filing of the origi-
nal bill, without a supplemental
bill; and the defendant having in
his answer to the amended bill
stated this objection to the new
matter, and insisted upon the
same advantage as if he had de-
murred or pleaded thereto, and
the plaintiff not being able to
support his case upon the evi-
dence which referred to the alle-
gations of the original bill, the
B. by his marriage settlement,
made in 1811, covenanted to se-
cure upon certain estates an an-
nuity of 400l. for his wife for her
life, in case she should survive
him, in addition to the provision
made for her by the settlement. He
afterwards, by a deed, executed
in 1818, and intended to be made
in pursuance of the covenant,
granted an annuity of 400l. to his
wife, which was made payable to
her after his decease, during her
widowhood. By his will, made in
1830, after ratifying and confirm-
ing the settlement, he gave an
annuity of 400l. to his wife during
her widowhood, in addition to
the provision made for her by
the settlement: Held, that the
widow was entitled both to the
annuity granted to her by the
deed, and the annuity given by
the will. Douce v. Lady Tor-
rington.
600
A., as assignee of B., a bankrupt,
gave an undertaking to C., who
was the mortgagee of one farm,
and was under a contract to pur-
chase another farm, both the pro-
perty of the bankrupt, and who
had a distress upon the mortgaged
premises, that if the distress were
withdrawn he would pay to C. the
arrears then due in respect of the
mortgage, out of the effects on the
premises. C. withdrew the dis-
tress accordingly, and afterwards
the bankruptcy was annulled be-
fore A. had obtained possession
of any part of the bankrupt's
effects; whereupon C. brought an
action on the undertaking, and
recovered judgment against A.
personally Held, on a bill filed
by A. against C., to which B. was
no party, that A. could have no
relief in equity against the judg-
ment at law; and that he was not
entitled, as against C., to claim
3 H 2
repayment of the sum thereby re-
covered out of the price which C.
had contracted to pay for the
other farm. Pell v. Stephens.
Page 334
See COVENANT, 1, 2.
ATTORNEY-GENERAL.
The attendance of the Attorney-
General before the Master, upon
a reference to settle a scheme for
the administration of a charity,
may be dispensed with in certain
A direction for such attendance
in a case where the charity fund
did not much exceed 1100/. was
struck out of the minutes of the
decree. Attorney-General v. Ha-
berdashers' Company.
817
AUTHORITY TO SUE.
See COVENANT, 1.
SOLICITOR, 1.
BANKRUPT.
See ASSIGNee.
JUDGMENT.
BARON AND FEME.
By the marriage settlement of a
widow, her property was assigned
to two trustees, upon trust to in-
vest and pay the dividends to her
for her life for her own sole and
separate use, and after her decease
upon trust to pay the fund to her
daughter by her first husband,
"for her own use and benefit."
The daughter's husband, F. H.,
who was one of the trustees of
the settlement, became bankrupt:
Held, that on the death of the
tenant for life, the assignee of
F. H. was entitled to the fund,
subject to the wife's equity for a
settlement. Kensington v. Dol-
lond.
Page 184
See EVIDENCE.
FOREIGN LAW.
LUNATIC, 2.
SEPARATE ESTATE.
CATHOLIC RELIGION.
A testatrix directed several sums to
be paid to certain Roman Catholic
priests and chapels, desiring that
they might be paid as soon as
possible after her decease, that
she might have the benefit of their
prayers and masses; and she gave
the residue of her property to
trustees, upon trust, to pay 10%.
each to the ministers of certain
specified Roman Catholic chapels,
for the benefit of their prayers for
the repose of her soul, and that of
her deceased husband, and to ap-
propriate the remainder in such
way as they might judge best cal-
culated to promote the knowledge
of the Catholic Christian religion
among the poor and ignorant in-
habitants of Swale Dale and
Wenston Dale: Held, that the
gifts to priests and chapels were
void, and that the next of kin was
entitled to the benefit of the
failure, but that the gift of the
residue was valid within the 2 & 3
W. 4. c. 115. West v. Shuttle-
worth.
Page 684
CATHOLIC SCHOOLS.
A testator gave two legacies to the
respective trustees of certain Ca-
tholic schools, upon trust, for car-
rying on the good designs of the
said schools. The testator died in
1823 Held, that the 2 & 3 W. 4.
c. 115. for securing the charitable
donations and bequests of his
Majesty's Catholic subjects is re-
trospective, and that the trustees
of the Catholic schools were en-
titled to the legacies. Bradshaw
v. Tasker.
1. The testator began his will by
directing that all his just debts,
funeral and other incidental ex-
penses, should be paid with all
convenient speed after his decease.
By a codicil he devised a particu-
lar estate, upon trust, in the first
place, to pay the annuity to his
wife, and to apply the surplus to
the payment of his simple con-
tract debts: Held, that the real
estate was not charged with the
payment of debts.
Quære, Whether the introduc-
tory words, without more, would
have charged the real estate ?
Douce v. Lady Torrington. 600
2. A testator, after a specific be-
quest of part of his personal es-
tate, devises all his freehold, copy-
hold, and leasehold estates, and
all the residue of his personal
estate and effects, after payment
of his just debts and funeral ex-
penses, to trustees, their heirs,
executors, and administrators, up-
on certain trusts. The real estate
is charged with the payment of
debts. Withers v. Kennedy.
See EXECUTOR, 1.
TENANT FOr Life.
1. Where a corporation follow the
practice of their predecessors in
the application of the profits of
charity estates, and no wilful breach
of trust or improper motive is im-
puted to them, the account will
not be carried back beyond the
time when they had notice that
the propriety of such application
was questioned. But where the
charity estates have been alienated,
though at a very distant period,
the corporation will be made to
compensate the present value of
the lands so alienated, out of such
general property of the corpora-
tion as was not granted or devised
to them upon special trust.
It is the duty of a corporation,
when apprised by the information
of the nature and extent of the
claims made upon them, to cause
a diligent examination to be
made, before they put in their
answer, of all deeds, papers, and
muniments in their possession or
power, and to give in their an-
swer all the information de-
3 H 3
rived
rived from such examination; and
if they pursue an opposite course,
and in their answer allege their
ignorance upon the subject, and
the information required is after-
wards obtained from the docu-
ments scheduled to their answer,
the Court will infer a disposition
on the part of the corporation to
obstruct and defeat the course of
justice, and on that ground alone
will charge them with the costs of
the suit. Attorney-General v.
The Bailiffs and Burgesses of
East Retford.
Page 35
the mere literally expressed in-
tention of the testator, provided
the income be applied to subjects
connected with that intention.
Attorney-General v. Dixie.
Page 342
5. A testator gave the residue of
his estate to trustees, positively
forbidding them to diminish the
capital thereof, or that the interest
and profit arising be applied to
any other use or uses than there-
inafter directed; and he pro-
ceeded to direct one moiety of the
income to be applied to a chari-
table purpose which failed; and
the other moiety to be applied to
other specified charitable pur-
poses. Held, upon appeal, that
the Court had jurisdiction to ap-
ply cyprès the income of the
moiety devoted to the charitable
purpose which failed. Attorney-
General v. Ironmongers' Company.
2. Where annual sums were be-
queathed to persons, to be distri-
buted in charity, at the discretion
of the legatees, either to private
individuals or public institutions,
the Court declared that the lega-
cies did not fail, but that a scheme
was unnecessary; leaving any of
the parties at liberty to apply, as
there might be occasion. Horde
v. The Earl of Suffolk.
3. Atestator gave two legacies to the
respective trustees of certain Ca-
tholic schools, upon trust, for car-
rying on the good designs of the
said schools. The testator died in
1823 Held, that the 2 & 3 W. 4.
c. 115., for securing the charita-
ble donations and bequests of his
Majesty's Catholic subjects, is re-
trospective, and that the trustees
of the Catholic schools were en-
titled to the legacies. Bradshaw
v. Tasker.
4. The Court has jurisdiction to
extend the application of the in-
come of charity property beyond
Where the surplus of the rents
and profits of an estate, charged
with certain stipulated payments
for the benefit of a charity, is ex-
pressly devised by the will of the
founder to his executors and their
heirs, for their sole use and bene
fit for ever, the charity can claim
only the stipulated payments, al-
though, by the change in the
value of money, such payments
have become inadequate to the
charitable intentions of the foun-
der.
The teaching of writing and
arithmetic may be well introduced
into a scheme for the manage-
ment
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