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ABROAD, marriages and divorces, 29, 30 Acceptance of trust, 124 Accounts, executors', 113 ; trustees', 138 Accumulation, trusts for, 120 Action for Breach of Promise of Marriage, 17 ; for recovery of land, 76 ; for administration, 115 ; on mortgage covenant, 166 ; of foreclosure, 167 Administer, who may, 100 Administrators, see Executors Administration, letters of, 100 ; with the will annexed, 101 Admission of assets, 113 Adultery, 27-29 Age, marriageable, 16 Agency, married women's implied, 24 Agents, default of, 112 ; trustees may employ, 130 Agreement, tenancy under, 50 ; form of, 81 Agricultural lease, 47 ; Holdings Act, 66, 74, 75 Annuities, 108 Anticipation, restraint on, 23, 24 Appointment of new trustees, 143 Arrears of rent, distress for, 61 ; action for, 76 Assets, admission of, 113 Assignment, 44 ; covenant against, 44 ; tenancy by, 55 Attestation of will, 88 Attornment, 58 Avoidance of trusts, 121-3 BANKRUPTCY of lessee, 57 ; avoidance of trusts by, 123 Banns of Marriage, 13 Bars to divorce petition, 27, 28 Beneficiary, 117 121, 140 Beneficiary's liability, 148, 149, 152 Bills of Sale, 58, 164, 182-9 Boarders, 54 Breach of Promise, action for, 17 ; of Trust, 126, 145-52 Building scheme, mutual restrictive covenants in, 43 ; society, 181 CAPITAL and income, 129 Chambers, 54 Chapel-of-ease, marriages in, 13 Charges, 158, 193 ; floating, 191 Children, gifts to; 92 ; illegitimate, 93, 109 Codicil, 88 Collusion, 27 Companies, securities of, 190 ; under special Acts, 192 Contracts married women's, 23 ; to grant lease, 51, 52 Contribution between co-trustees, 146 Costs of distress, 64 ; lease, 80 ; executors, 113, 115 ; trustees, 136 County Court, jurisdiction of, 53, 77 Covenants in lease, implied, 34 ; of fitness for habitation, 35 ; express, 37-47 ; to pay rent, 37 ; to pay rates and taxes, 38 ; to repair, 39 ; to insure, 41 ; trade or business, 42 ; to work property, 46 ; for renewal 47 ; " usual," meaning of, 48 ; for quiet enjoyment, 34. 46 ; not to assign without licence, 44 ; against waste, 45 ; running with the land, 56, 57 Covenants for payment in mortgage deed, 159 166 Creditors, of deceased person, 111 ; remedies of, 156 Cruelty, ground for divorce, 27 DEATH duties, 105 Debentures, 190 Debenture stock, 192 Debtor and creditor, 156-8 Debts, payment of, 106 Default, wilful, 112 Defences, to specific performance action, 52 Delegation, 130 Desertion, 25, 28 Dilapidations, 41, 72 Disclaimer of lease, 71 Distress, 58-66 ; privileged goods 59 ; lodger's privilege, 6o ; place and time of, 61 ; how made, 62 ; costs of, 64 ; wrongful, 65 ; summary jurisdiction in, 66 Distribution of residue, 108 ; intestate's estate, 108 Divorce, 27, 28 ; abroad, 29 Drains, 36 Duties of trustees, 125-38 EASEMENT, 54 Ejectment, 76 Emblements, 74 Enjoyment, quiet, 34, 46 Equitable mortgage, 164 Equity to a settlement, wife's, 19 ; of Redemption, 161, 162 ; transfer of, 180 Estate, separate, 23 ; duty, 105 Evidence in breach of promise case, 17 Examination, Married Woman's separate, 19 Executors and administrators, difference between and trustees, 96-98 ; devolution of office of, 99 ; interest taken in deceased's property, 101 ; powers of, 102 ; duties of, 104 ; rights of, 107; liabilities of, 110-13 personal liabilities of, 111 , costs and expenses, 113, 115 ; protection of, 114 ; release of, 115 ; de son, tort, 115 FEES, marriage licence, 13, 14 Fire, 42 Fitness for habitation, covenant for 35 Fixtures, 72, 185 ; landlord's, 73 Flats, 54 Floating charge, 191 Foreclosure, 167 Foreign marriages and divorces, 29, 30 Forfeiture, 69 ; for non-payment of rent, 70 Form of Agreement for tenancy from year to year, 81 ; to let furnished house, 82 Form of will, 93 ; statutory mortgage, 160 ; transfer, 177 ; Bill of Sale, 187 Fraudulent Trusts, 122 ; breach of trust, 147, 155 Furnished apartments, 35, 80 ; form of agreement to take, 82 GARDEN, 74 HOLDING-OVER 55, 75 Husband and Wife, interests in respective property, 18; personal rights of, 18 ; deceased, property of, 19, 108-9 IMPEDIMENTS to marriage, 12 Indemnity, trustee's, 151 Insure, covenant to, 41 Insurance, mortgage of policy of, 179 Intestate's Estates Act, 20, 109 Investment of Trust Funds, 131-5 JUDICATURE Act, 118 Judicial Trustees, 146 LANDLORD'S covenant for quiet enjoyment, 34, 46 taxes, 37 Lapse, 91 Lease, definition of, 32 ; for lives, 33 ; essential terms of, 33 ; covenants in, implied, 34, 35 ; express covenants in, 37-47 ; agricultural, 46 ; mining, 47 ; occupation under implied, 55 Leaseholds, mortgages of, 174 Legacy, 91, 92, 107, 115 ; duty 105, 109 Liability, husband's, for wife's debts, 25 Licence, marriage, 13 ; special, 14 ; registrar's, 14 Liens, 158, 194 Lodgers, 54 ; privilege from distress, 61 MARRIAGE, 11 ; impediments to, 12 ; ceremony, 13 ; Nonconformist, 14, 15 ; of minors, 15 16 ; revocation of will by, 88 Married Women's Property Act, 18, 23, 25 Married women's property, implied agency, 24 Merger, 69 Mortgage, investment of trust funds on, 135 ; form of, 159 ; statutory form of, 160 ; equitable, 164 ; of leaseholds, 174 ; transfers of, 175-7 ; of policy of insurance 179 Mortgagee, 109, 159: Rights and remedies of, 165-73 ; In possession, 172 ; Leasing powers of, 173 NECESSARIES, 25 Next-of-kin, 21, 108 Notice to quit, 67 ; purchasers for value without, 152 ; as between mortgagees, 178, 179 OBLIGATIONS of married life, 22 Occupation under implied lease, 55 Option of purchase, 48 Originating summons, 114, PAWNS, 159, 195 Pawnbrokers, 196 Performance, specific, 51 Personal rights of husband and wife, 18 Pledges, 159, 195 Portions, rule against double, 92 Power of Sale, 168-70 Powers of Executors, 102 ; Trustees, 139 ; Beneficiaries, 140 Preference, executors' right of, 106 Pre-nuptial debts, wife's, 25 Priority of debts, 106 ; as between successive mortgagees, 153, 179 Probate, mortgagees, 99 Property, Husband's and Wife's interest in each other's, 18 ; after death of either, 20, 21 108 Protection of Executors, 114 Proviso for re-entry, 49 Public-house, lease of, 43 ; mortgage of, 163 Purchase, Option of, 48 Purchasers for value, 153 QUARTER days, 34, 67 Quiet enjoyment, 34, 46 Quit, notice to, 67 RATES and taxes, covenant to pay, 38 Reasonable wear and tear, 40 Receiver, 170-2 Reconveyance, 180 Recovery of land, action for, 76 Recovery of possession, action for, 77 Redemption, 168 Re-entry, proviso for 49 Registrar's licence, 14 ; certificate, 14 Relief from forfeiture, 70 Renewal, covenant for, 47 Rent, 34, 37 Rent-charge, 194 Repairs, 39-41 72 Residue, distribution of, 108 Restraint on anticipation, 23, 120 Retainer, executor's right of, 107 Revocation of will, 88 Royalty, 47 SALE of goods distrained, 62 Satisfaction, doctrine of, 92 Schools, 43, 44 Scotland, 30 Separate examination, 19 ; property, married woman's, 23 Separation, mutual, 26 ; judicial, 26, 27 Settlement, marriage, 122 Settlor, 118 ; who may be, 121 Solicitors, 112 ; costs of lease, 80 Specific performance, 51 Stamps on leases, 78-80 Statute of Frauds 51 Statutes of Limitation, 111, 154, 181-2 Sub-mortgage, 176 Succession duty, 105, 109 Summary jurisdiction, 29, 66, 78 Summons originating, 114 Surrender of lease, 68 TENANCY, under agreement for lease, 50 ; from year to year, 50 ; form for from year to year, 81 ; for less than year, 53 ; termination of, 66 ; at will, 75 Tenant-right, 75 Tenantable repair, 39 Tenant's taxes, 38 ; fixtures, 72 Tied house, 43 Timber, 45 Title-deeds, 179 Torts, 25 Trades, covenants. against, 42 Transfers of mortgages, 175 Trustee Act, 1893, 132, 140, 149 Trustees, difference between executors and, 96; duties of, 125-38 ; receipts of, 136 ; powers of, 139; rights of, 141 ; appointment of new, 143 ; liability of, for breach of trust, 145-48 ; protection of, 149 Trusts, definition of, 117 ; express, 118 ; how created, 118 119 ; unlawful, 119 ; setting aside, 121 ; fraudulent, 122 ; avoided by bankruptcy, 123; acceptance and disclaimer of, 124 UNDERLETTING, 44 Unlawful trusts, 119, 120 Usual covenants, meaning of 48, 49 WARRANT of possession, 77 Waste, 45 Wasting property, trustee's duty to sell, 128 Will, formalities necessary for, 87 ; revocation of, 88 ; construction of, 90 ; short form of, 93, 95 Witnesses to will, 87 Working classes, dwellings for, 35 ^ back to top ^ |