"under

Power to invest trust-fund in shares in a joint-
stock company-Construction of
Duty of trustees of deed of composition with
creditors
Meaning of term "beneficially interested
sect. 37 of Trustees Act 1850-Appointment
of new trustees-Costs.
Trustees not liable for a cheque obtained without
their knowledge by a co-trustee, and the pro-
ceeds applied to his own use

No lapse of time will run against a breach of
trust-Alleged release

Express trust not created by a charge on real
estate for payment of debts, with direction to
raise sufficient by mortgage

58

Assignment of a chose in action for value without
notice of incumbrances-Nominal vendor-
Injunction

page 589

Goods obtained by fraud and sold-Recovery by

owner

633

..... 664

87

After decree for specific performance and default
-Contract ordered to be rescinded...

What is a release in equity from breach of trust
-Requisite proof of

VOLUNTARY SETTLEMENT.
Mistake by some of the settlors-Lapse of time-
Partial rectification

143

770

Original trusts varied by settlement-Duty of
trustees-Costs

816

(See Settlement.)

Running away from wife and family must be a
wilful leaving, with reasonable belief that they
would become chargeable

VENDOR AND PURCHASER.

Purchase by a solicitor from his client set aside,
on grounds of pressure and professional
relationship......

Purchase of reversionary interest by an assumed
tenant by the curtesy set aside for under-
value

Conveyance on sale-Consideration money not
paid-Sum held by a purchaser on alleged
ground of a contract, not proved
Redeemed land-tax-Misdescription in particulars
-Not a case for compensation-Duty of
purchaser to examine documents of which he
has notice

WARRANTY.

Implied warranty that provisions supplied should
be fit for the purpose for which they were in-
tended, not defeated by express agreement that
they should pass a survey

Of seed that it shall be of good growing stock,
not a warranty that it is itself good
Implied, what constitutes

(See Contract.)

WASTE.

Encroachment on-Tenancy at will-Statute of
Limitations....

92:

269

790

824

623

FROM

H. OF L.]

House of Lords.

Reported by JAMES PATERSON, Esq., of the Middle Temple, Barrister-at-Law.

Tuesday, May 20.

BYNG U. BYNG.

Will-Gift to A. and her children-Rule in Wild's

case-Context-Meaning of heirlooms. The rule laid down in Wild's case is subject to the higher and paramount rule of construction, that words cease to have their ordinary meaning if the context shows another meaning; and though, by the rule in that case, it is settled that the word "children," in a gift by will of real estate to A. and his children, prima facie is a word of purchase as regards the children then existing, it may, by the context, be properly construed as a word of limitation. Therefore, where testatrix said, "I give to M. and her children all my estates in Essex, provided she takes the name of Cranmer and arms, and her children, with my mansion-house, furniture, plate, books, a portrait of Archbishop Cranmer, &c., as heirlooms with my estate: Held (affirming the decree of the Lords Justices), that the context, giving the chattels as heirlooms, taken with other minor circumstances, showed that the testatrix meant the word "children" to be used as a word of limitation.

This was an appeal from an order of the Lords Justices affirming an order of V.C. Wood.

The testatrix, Ann Cranmer, widow, made her will, which was in her own handwriting, as follows:

"If it should please God to take me without leaving another will, I desire this may stand good. I request to be buried in Quendon-churchyard, as near my dear brother as can be a brick vault like his, for two or three coffins, and inclosed with iron railing. I wish as little expense for my funeral as propriety will admit of, and my name added to the tablet I have put up for my dear husband. I give to my brother Henry Webb my farm called Collins in Aythorp Roothing and High Easter, and my two houses in Golden-square, St. James's but if he does not marry and leave children,

No. 149.

[H. OF L.

then to go with my estate. I charge my personal property with 100l. a-year to each of my sisters, Mrs. Elizabeth Birch and Mary Webb, for their life, to be paid half-yearly, and also to Mrs. Webb, my brother's widow, 100l. a-year for her life, from the dividends in my Three per Cent. Consolidated Bank Annuities. I give to my great-nephew Henry Webb Byng the livings of Quendon and Chickney, should he like the profession and be qualified for them, or to William Cranmer Byng.

I give to George Mounsey Gray, Esq. the two houses left me by my dear husband next each other in Wardour-street and Peters-street, St. James's. I give in trust to my executors, for my niece Mary Anne Eyng and her children, all my Quendon-hall estates in Essex, provided she takes the name of Cranmer and arms, and her children, with my mansion-house, furniture, plate, books, linen, &c., Archbishop Cranmer's portrait by Holbein, the India cabinet in drawing-room and striking watch, and my diamond earrings and pins, as heirlooms with my estate. I also give to my niece Mary Anne Byng my fee-farm rent Northborne-court, near Deal, Kent, and my Snow-hill property, London, of which I have only one-third, if I have not disposed of it, which I wish to do. I give to the Essex Clergy Charity which I subscribe 2007., to Sophia Nevill my goddaughter 100%., to William Cranmer Nevill, godson, 100%., to my old coachman Josh. Wilkinson 1007., to my maid Sophia Waller 100%., to Aaron Piper my coachman 1007. I give to each of my servants that have lived a year with me 107. each and mourning, and to each of my labourers that work on my farm in my own hands 57. each. I give to the poor of the parish of Quendon 201. to be divided among them, and to the poor of Chickney 101. I request my brother Henry Webb, Esq. will act as my executor, and Mr. John Windus to assist him, and hope they will accept 2001. each for any trouble they may have. I give to Henry Byng, Esq., my niece's husband, 500%. from my Three per Cent. Bank Consols, and to my godson William Cranmer Byng 500l. And also all the rest, residue and remainder of my real estate of what nature or kind soever, not having or before by me given or

B