XI. Estate settled to A. for life, remainder to B. for life, remainder to the heirs of the body of B., remainders over; can B. by any and what means bar the entail during the lifetime of A.?

ANS.-B. being under the rule in Shelley's case (2 Exam. Chron. 117), tenant in tail in remainder, can, with the consent of A., by any deed sufficient to pass the fee, enrolled in Chancery, within six calendar months after execution, bar the entail. If B. bars his estate tail, without the consent of the protector, he would create a base fee only, and bar his own issue, but not ulterior remaindermen. (1 Exam. Chron. 130, 165; 2 id. 144, 283; 3 id. 28, 147, 148; F. Bk. 124, 184—186.) It is assumed that the estates were limited by the same settlement, so that A. was constituted the protector of the settlement.

XII. A testator charges all his estates with payment of his debts. Are creditors by simple contract placed by such a will on a level with specialty creditors who hold a security by which the heir is bound?

ANS. Of course the question is confined to the charged estates, all other property being legal assets, but the charged lands are converted into equitable assets, and the creditors by simple contract are therefore entitled to be paid out of the charged estates, pari passu, with the specialty creditors. If the testator had not charged his estates with the payment of his debts, creditors by specialty in which the heir is bound would have been entitled to be paid in full before any simple contract creditor, or creditors by specialty in which the heir was not bound. (3 & 4 Will. 4, c. 104; 1 Exam. Chron. 137, 170; 2 id. 147, 149; F. Bk. 231.)

XIII. Fee simple estate is conveyed to such uses as A. shall appoint. A. sells to B., and exercises the power by conveying the estate to C. (as trustee for B.) and his heirs, to the use of B. and his heirs. In whom does the legal estate vest? ANS. The legal estate vests in C., for the power of appointment exercised by A. extends only to the use of the lands, and the fee simple is vested in the appointee solely by virtue of the Statute of Uses, which annexes the legal estate to the first use, and will not extend its operation to the subsequent uses, the maxim being that a use upon a use is not executed. C., therefore, has the first use, and the second use to B. and his heirs is but an equitable estate in fee. (See F. Bk. 176, 177; 2 Exam. Chron. 117.)

XIV. A mortgagee in fee dies intestate, who are the proper parties to reconvey the estate to the mortgagor, exonerated from the mortgage?

ANS. The legal estate will descend to the mortgagee's heir at law, but as equity considers the mortgage as only a security for payment. of money, the right to such money devolves on the mortgagee's personal representatives. Both the heir at law and the administrator of the mortgagee must therefore join in the reconveyance, the heir to reconvey the estate, the administrator to give a discharge for the mortgage money. (2 Exam. Chron. 143, No. IV.; Burton's Comp. pl. 1478; Exam. Quest., H. T., 1864, No. V., p. 85.)

XV. What is requisite to be done by a devisee of copyholds to complete his title?

ANS.-The devisee should obtain admittance, paying the fine and fees due thereon: to obtain this he should deliver to the lord or steward a copy of the will for entry on the Court Rolls, and without any presentment (4 & 5 Vict. c. 35), the lord or steward may admit the devisee at once without holding any Court for that purpose, for, by the aforecited statute, admittances may be made out of Court. (1 Vict. c. 26; F. Bk. 189, 193; 23 L. J. Ch. 838.)

EQUITY.

I. Mention the different modes by which a suit in Chancery may be defended, and the nature of each mode of defence? ANS.-The defence to a suit in equity may be by, 1, answer; 2, demurrer; 3, plea; or 4, disclaimer. 1st, the answer controverts the case stated by the plaintiff, and in general consists of a denial of the several parts of the bill, or the introduction of other facts, or both. 2ndly, a demurrer demands the judgment of the Court, whether the defendant shall be compelled to answer the bill or not, and relies upon the legal insufficiency of the case made by the bill. 3rdly, a plea shows why the suit should be dismissed, delayed, or barred. 4thly, a disclaimer seeks to terminate the suit by the defendant disclaiming all right in the matter sought by the bill. (See more fully F. Bk. 285, 286; 3 Exam. Chron. 152, 316.)

II. What time is allowed for taking the following steps in a suit? (a) Filing interrogatories for the examination of a defendant. (b) Filing a voluntary answer. (c) Excepting to an answer. (d) Amending a bill. (e) Filing affidavits on behalf of a defendant in answer to the affidavits filed in support of a motion for a decree.

ANS.-(a) Interrogatories for the examination of a defendant must be filed within eight days after time limited for his appearance. (1 Exam. Chron. 28, 135, 169; F. Bk. 284.) (6) A voluntary answer must be filed within fourteen days after the expiration of the time within which interrogatories might have been served. (2

Exam. Chron. 290; 4th ed. 66.) (c) An answer must be excepted to within six weeks after it is filed, the vacations not counting. (1 Exam. Chron. 29.) (d) Plaintiff may amend his bill before answer at any time; after answer he may obtain an order of course to amend within four weeks after the answer is deemed sufficient, and filing replication, and undertaking to reply the amendment to be made within fourteen days after order obtained. Special applications to amend may be made at any time on affidavits. (e) Defendant has fourteen days after service of the notice of motion to file affidavits in answer to the affidavits filed in support of a motion for decree (F. Bk. 287). An order to enlarge any of these times (even for exception to an answer) may be obtained by summons, returnable at Chambers, (3 Exam. Chron. 153, 317.)

III. What proceedings must be taken upon the abatement of suit by the death before decree of any of the parties to the suit-1, Where the abatement arises by the death of the plaintiff; 2, Where it arises by the death of the defendant? ANS.-The death of a plaintiff abates the suit altogether, unless his interest survives to a co-plaintiff. The death of a defendant abates the suit only so far as his interest is concerned. Where a suit partially abates an order of course to revive may be obtained on the filing of a statement of the abatement. The order must be served on the parties who, under the old practice, would have been defendants to the bill of revivor, and if they do not apply to set it aside within twelve days of service, it has the same effect as if such bill had been filed, and an order to revive obtained. (15 & 16 Vict. c. 86, s. 52). In a few cases a supplemental bill is still necessary. (1 Law Tim. Rep., N.S., 87; 4 Law Chron. 263; 4 Sol. Journ. 59 ; 7 Week. Rep. 104.)

IV. Trace the course of proceedings on the sale of an estate under the direction of the Court from the order directing the sale to the confirmation of the certificate of the result of the sale. ANS.-When the order is drawn up a certified copy is left at the Chambers with the chief clerk, and a summons is then issued to proceed thereon. On the attendance of the parties before the chief clerk, directions are given for advertising, and on other matters as to the sale and the conduct thereof. The advertisement of the sale is prepared by the solicitor and signed by the chief clerk, and inserted in the Gazette and other papers. The particulars and conditions of sale are referred to one of the conveyancing counsel of the Court to settle, after which the chief clerk approves the same and they are printed by the plaintiff's solicitor, who leaves two certified copies

thereof at Chambers for the chief clerk and bespeaks directions for the auctioneer. When there is to be a reserved bidding it is fixed by the chief clerk at Chambers, upon affidavit of a surveyor as to value and the reserved bid, directions as to sale, bidding paper, and affidavit verifying it, are sent, sealed up, to the auctioneer, who fills up same and returns them after the sale to the plaintiff's solicitor. They are then left at Judge's Chambers, and on a day appointed the chief clerk is attended, and he prepares a certificate of sale, which is signed by him, and four days after is signed by the Judge and filed, and if no application to open the biddings be made within eight days after this, the certificate becomes absolute. (Ayck. Pract. 489, 7th ed.; see as to the subsequent proceedings, 2 Exam. Chron., p. 33, No. IX., pp. 148, 249.)

V. What time is allowed for opening biddings? Under what circumstances will an application for that purpose be entertained, and what steps must be taken by a person who is desirous of having the biddings reopened?

ANS.-An application to open biddings must be made within eight days after filing the certificate confirming the purchase, but not afterwards except under special circumstances. The Court will not grant the application except upon an advanced bidding, or at least a deposit of £40. The order is obtained on summons, which must be served on the purchaser's solicitor, and also on the solicitor of the parties in the cause. After the order is granted and drawn up the applicant must pay into Court the advance offered by way of deposit, and must also pay the first purchaser's costs, charges, and expenses, and thereupon the re-sale takes place. (Ayck. Ch. Prac., 502, 7th ed.)

VI. What powers are conferred upon the Court of Chancery by the Act commonly called "The Leases and Sales of Settled Estates Act?"

ANS.-This Act is the 19 & 20 Vict. c. 120 (amended by other Acts, 3 Law Chron. 105-112; 5 id. 124; ante, p. 278): The Court of Chancery is empowered on the conditions contained in the Act to authorise leases of any settled estates for the following terms :-For an agricultural or occupation lease twenty-one years; for a repairing lease sixty years; for a mining lease or lease of water or any easement forty years; and for a building lease ninety-nine years, and may extend any of the above periods (except agricultural and repairing leases) if satisfied that it would be beneficial to the inheritance and according to the custom of the country. The Court may also (s. 11) authorise the sale of the whole or any part of a settled estate, or of any timber (not being ornamental timber) growing on a settled estate.

(See 3 Exam. Chron. 185; 2 id. 32; F. Bk. 130; Ayckb, Pract. 556, 6th ed.)

VII. Explain the doctrine of " Ademption" with reference to specific legacies, and also to legacies given as portions. Illustrate your answer by examples.

ANS.-The ademption of a legacy is the implied revocation of the gift by dealing with the subject matter in the lifetime of the testator without altering the will; as where a testator gives a particular article to a legatee and afterwards disposes of it. Ademption, properly speaking, only applies to specific legacies. Also where a parent or other person standing in loco parentis gives the child having a portion a legacy, or bequeaths a legacy to a child, and then by an act inter vivos, makes a provision for the same child of equal or greater amount of equal certainty and substantially the same in kind and in degree of benefit without expressing it to be in lieu of the legacy, or for other objects than those for which the legacy was given; in such case, in the absence of evidence to the contrary, it will be deemed a satisfaction or ademption of the legacy; and if the provision inter vivos is not much less than the legacy, it will be deemed a satisfaction pro tanto. (See more fully, ante, pp. 294-296; Thynne v. Glengall, 2 Ho. Lds. Cas. 131; 5 Law Chron. 20; 34 Law Tim. Rep. 156; 8 Week. Rep. 53; 1 Exam. Chron. 25, 46; Law Dict. p. 10.)

VIII. Explain the doctrine of "satisfaction" of debts and portions by legacies. Illustrate your answer by example. ANS. As to legacies, see previous question and answer. As to debts, if a legacy given to a creditor be of an amount equal to or greater than the debt, and in other respects equally beneficial, it will in general, in the absence of all countervailing circumstances, be deemed to be a satisfaction of the debt on the principle that a testator shall be deemed to be just before he is generous; but if there is a provision in the will for payment of debts, or if the bequest is of a residue or a negotiable security, &c., the rule does not apply. (Tudor's Lead. Cas. Eq. 337; Smith's Man. Eq. 342, 6th ed.; Adams' Eq. p. 105.)

IX. If A. dies intestate, leaving a mother, wife, and two sons and three daughters him surviving, how will his property be divided, consisting of-(a) Freehold farm in Kent; (b) Freeholds intermixed with leaseholds in Sussex; c) Freehold farm in Surrey contracted to be sold; (d) Railway bonds; (e) Government Stock; (f) New River share? ANS.-The farm in Kent will descend (subject to the widow's claim to dower, if not barred) to the two sons equally, by the custom of