HEREDITAMENT,

legal import of the word, 4.

ILLEGITIMATE CHILDREN.
under a gift to children illegitimate chil-
dren cannot take, ii. 255.

if sufficiently ascertained, illegitimate
children may take, ii. 256.

IMPROVIDENCE, ii. 651.
INADEQUACY (of Price).

inadequacy of price merely, ii. 650.
improvidence, ii. 651.
intoxication, ib.
distress, ib.

INCLOSURE ACT (General).

principal provisions of, and cases upon,
584.

INCUMBRANCES.

purchaser's right to the discharge of in-
cumbrances, ii. 451.

incumbrances not appearing on the ab-
stract, ii. 452.

crown debts, ib.

judgments, ii. 455.

annuities, ii. 457.

INDEMNITY,

INTESTACY (continued).

the custom of York, ii. 368.

to whom administration will be granted,
ii. 369.

administration cum testamento annexo,
ii. 370.

right to the administration, ii. 370.
special and limited administrations, ii.

371.

administration to an attendant term, ii.
373.

lunacy of sole executor or administrator,
ii. 374.

taking out letters of administration, ii.
375.

administration void, when, ii. 376.
INTOXICATION, ii. 651.
JOINT-TENANTS.

rights of, 410.
partnership, 412.
not favoured, ib.
JUDGMENTS.

origin of the Lien of Judgments, ii. 383 d.
when the lien attaches, ii. 383 f.

distinction between real and personal
estate as to the effect of the lien, ii.
383 h.

lien upon trust estates, ib.

1 Vict. c. 110, ii. 383 j.

3 & 4 Vict. c. 82, ii. 383 s.

MARITAL RIGHTS (continued).

reversionary choses in action, void,
ii. 383 a.

dower, ii. 384 a.
pin-money, ii. 384 b.

separate estate, ib.
MARRIED WOMEN,

conveyance by, ii. 12.

MERGER (Right to).

distinguished from

extinguishment,'

and 'suspension,' 384.

under what circumstances merger takes
place, 385.

no merger where estates vest in same
person in different rights, 386.

nor when there is an inter-
vening vested estate, ib.
or a contingent estate, 387.
a mere intervening right will not pre-
vent merger, 390.

a term in possession merges in a term
in reversion, 388.

equity will relieve against merger,
when, 390.
effect of merger, 392.

MISDESCRIPTION.

unintentional misdescription, ii. 610.
compensation, ii. 611.

misdescription in respect of the quality

ii. 617.

of land, ii. 614.

of title, ib.

of tenure, ii. 615.

of land described as tithe-

free, ib.

in respect of quantity,

leasehold interest misdescribed, ii. 621.
misdescription of parcels in copyholds,

ii. 622.
patent, 623.

false description, ib.

effect of description being vague and
indefinite, ii. 624.

rack-rent misdescribed as ground-rent,
ii. 627.

misdescription known to purchaser, ib.
MISREPRESENTATION.

effect of misrepresentation, ii. 603.
breach of trust by an agent, ii. 606.
sale by trustees at an undervalue, ib.
contract by a party as agent for another
with whom vendor had refused to
treat, ib.

concealment of a defect of title, &c., ii.
609.

MISTAKE OR SURPRISE.

where there is mistake, contract will
not be enforced, ii. 629.
sale of a remainder, which has been bar-
red, ib.

a party purchasing his own estate, ii.
630.

POWERS (continued).

operation of the 1 Vict. c. 110, s. 11, i
313.

copyholds, ib.

mode of properly executing a power, i
314.
instrument by which the power is to be
executed, ii. 315.

forins prescribed, ib.

estate which may be appointed, ii. 318.
excessive execution, ii. 319.
power and interest combined, ii. 321.
effect of a general gift as the execution
of a power, ii 322.

of 1 Vict. c. 26, s. 27, ii. 324.
defective appointment, what, ii. 325.
in favour of what persons equity relieves,

strued, ii. 332.

origin of the doctrine of illusory ap-
pointments, ii. 334.

what shall be considered an illusory ap-
pointment, ib.

stat 1 Will. 4, c. 46, ii. 338.
equity will not relieve against the non-
execution of a power, when, ii. 339.
power distinguished from a power com-
bined with a trust, ib.

a power will be executed by the court,
when, ii. 342.

fraudulent execution of powers, ii. 353
POWERS (of Sale, &c.).

may be co-extensive with the objects of
the settlement, ii. 347

construction of powers of sale, ib.
powers of sale and exchange, ii. 349.
See LEASING POWERS-DESTRUCTION OF
POWERS.

PROBATE.

proof of a will of real estate at law, ii.

227.

proof of a will of real estate in equity,
ii. 228.

probate of wills of leasehold and other
personal estate, ii. 230.
courts of probate, ii. 231.
bona notabilia, ii. 232.

caveat, ib.

the probate, ib.

receiver pendente lite, ii. 235.
administration pendente lite, ib.

PROBATE AND LEGACY DUTY.
probate duty, ii. 296.

administration duty, ii. 298.

exemptions from probate and adminis-

tration duty, ib.

legacy duty, ib.

exemptions from legacy duty, ii. 300.

PROOF (of Wills).

See PROBATE.

PROTECTOR OF THE SETTLEMENT.

who shall be, 241.

how he shall give his consent, 243.
Lord Chancellor, or court of Chancery,
protector, when, 244.

principles on which Lord Chancellor
consents to bar the entail, 246.
equity has no jurisdiction over the pro-
tector, 250.

PURCHASE-MONEY.

investment of, at whose risk, ii. 708.
PURCHASE MONEY, (Payment into

Court).
principles on which purchase money is
ordered into court, ii. 682.
mere possession does not in general en-
title the vendor to this relief, ii.
684.
possession sufficient to entitle the vendor
to have the money brought into
court, when, ib.

purchaser exercising acts of ownership
must pay in the money, ib.

not to pay in the money where
delay occasioned by the vendor,
ii. 685.

has the option to pay in the
purchase-money or give up posses-
sion, when, ii. 686.

receiver granted, when, ii. 690.

ne exeat Regno granted, when, ii. 692.
immaterial whether possession be ad-

mitted by the answer, ib.

order to pay the money into court not
made, in general, before answer, ib.
QUIT RENTS. See INDEMNITY.
RAILWAY SHARES.

principles on which equity interposes
its jurisdiction, ii. 385 h.

principles of construction, ii. 385 k.
appropriation of the purchase-money,

ii. 385 o.

evidence of proprietorship, ii. 385 q.
withdrawing opposition, ii. 385 s.

RAILWAY SHARES (continued).
dissentient landowners, ii. 385 t.
effect of acquiesence, ib.

rights of termors, ii. 385 u.
notice, ii. 385 v.

enrolment, ii. 385 v.

739

import of particular expressions, ii.
385 v.

REAL ESTATE, 4.

distinctive characters of realty and per-
sonalty, 5.

constructive conversion of real into per-
sonal estate 6.

RECEIPT CLAUSE.

effect of the receipt clause at law and in
equity, ii. 55.

receipt of nominal consideration, ii. 56.
to whom the purchase-money ought to
be paid, ii. 56.

vendor's lien for unpaid purchase-money,
ii. 57.

arises only in the case of
a simple sale for money, ii. 58.
does not arise in favour of

a mere agent, ii. 59.

effect of the clause enabling trustees to
give receipts, ii. 60.

against whom the vendor's lien pre-
vails, ib.

creditors and legatees entitled to the
benefit of the lien, ib.

charity not entitled to the benefit of the
lien, ii. 62.

trustees can give a good discharge,
when, 91.

RECITALS (in a Deed).

object of the recitals, ii. 19.

as to the recital of certain facts, ib.
scope of the recitals, ii. 21.
recital of a deed, ii. 22.

the style of the deed, ii. 23.
the date, ib.

parties, ii. 24.

recitals, ii. 26.

operative clause, ii. 27.

parcels, ii. 28.

habendum, ii. 30.

uses and trusts, ib.

provisoe for redemption, ii. 32.
powers, ii. 33.

recitals in purchase deeds, ib.

marriage settlements, ib.
recital of a lease and release, ii. 34.
of fine or recovery, ii. 35.

of a lease, ib.

of an act of Parliament, ib.

of Chancery proceedings, ib.

of recited deeds, ib.

recitals in the assignment of attendant
terms, ii. 36.