APPORTIONMENT, of an annuity on the death of the annuitant, 140. ARBITRATION, submission to, 535. ARREARS. See Annuity, Interest. ASSETS, property by or in a Court of law held to be, 143–148. property by or in a court of equity held to be, 143. generally speaking, all personal property, which devolves to an executor, is assets in his hands, 182. distinction between property which is assets in a court of equity only, and certain marshalling of, 329. of the order in which assets are, by a court of equity, taken to pay debts, 374, 582. power of an executor or administrator over, 475, and n. (x) taking assets in execution for the private debt of the executor, 482. following of, 484, 485, n.(r), 492, 493. a creditor has no lien on, 484, 485. loss of, or damage to, by robbery, theft, fire, or other accident, 497, 498, ib. n. accounting for profits made of, 516. evidence of, 547. See Administration, Answer, Appointment, Creditors, Damages, Debt, Estate, Evi- ASSETS, EQUITABLE, 274, 317. retainer out of, 271. what property is, 317. a court of equity distributes among creditors equally, 317. principle on which a court of equity administers them, 318, 319. when real estate, or money arising from the sale of it, is, 321. a court of equity inclines to construe assets to be, 322. several kinds of property held to be, 322, 323. instances where a court of equity has paid creditors of different degree, pari pas- See Lien. ASSETS, LEGAL, 274. what property is, 317. a court of equity distributes according to the order observed at law in paying trust estate for years is in equity, 320. in fee is, 320. a bond taken in the name of B, in trust for A., is in equity legal assets of A.,320. ASSETS, REAL, property which is, 152. ASSIGNMENT, of a satisfied incumbrance, 414, 416 of a satisfied term of years, 415, 416. ASSUMPSIT, action of, 301. ATTENDANT TERM OF YEARS, 415, 417. BOND (Continued.) considerations of a, 277, 278, 279. given to a kept mistress, 278, 281. distinction between a bond and a parol promise, 280. given before or after seduction, 278, 279. taken in the name of B., in trust for A., is in equity legal assets of A., 320. damages or interest, not recoverable beyond penalty of, 570, 572. whether the excess of the debt, beyond the penalty of a bond, is a debt by spe- See Debt, Lien, Notice, Wife. BOOKS, copyright in, 241, n. (r) BOROUGH-ENGLISH, land in real assets, 152. BURIAL, duty to bury, 257. husband is bound to bury his wife, 257, n. (e) father's duty to bury his child, 257, n. (e) See Funeral. CANAL. See River. CATTLE, 200. CHANCERY, COURT OF, invests trust-money in the three per cent. consols, 519. See Relief. CHARGE, of debts, or debts and legacies, on real estate, 56. the trust created by a charge, 56. if necessary, a court of equity will decree a mortgage or sale, 57. wills in which real estate has been held to be charged with debts, or debts and the fact that debts, or debts and legacies, are or are not charged, depends on the examples of a charge of debts, 58-61. circumstances from which an intention to charge debts may be inferred, 61, 62. wills in which real estate has been held not to be charged with debts, or debts and legal and equitable, of a legacy, 119, 120. See Covenant, Debt, Legacy, Mortgage. CHARITABLE USES, marshalling assets in favour of a bequest to, 346. legacy to, in what cases valid, or void, 347, 348, 349, 350. bequest of a residue to, 348. a court of equity in general cases certainly will not, and propably in no case CHATTEL. See Heir, Heir-Loom, Personal Estate. CHOSE IN ACTION, nature of, 174. chattels that have been present choses in action, 174–176. future choses in action enumerated, 176. of a wife, 174, 242. is, in some sense, not assignable at law, 413. See Judgment, Wife. CHURCH. See Advowson, Presentation. CLOTHES. See Apparel, Paraphernalia. CODICIL. See Legacy, Will. COHABITATION. See Bond. COLONIES, debts in the, 236. reference to a work on colonial law, 236. See India. CONCEALED MORTGAGE OR SETTLEMENT, 421. CONCURRENCE. See Executor. CONDITION, the general nature of a devise that is a condition, and of a conditional limitation, 97-102. certain words which make a, 98. entry of the heir on a condition broken, 98, 99, 102. a certain distinction between express and implied conditions exploded, 100. to pay a legacy or an annuity, 97, 102. CONDITION-(Continued.) devises, on condition to pay a legacy or annuity, held to be a condition, and not a limitation, 102. devise on condition to pay an annuity, held to be a limitation, and not a condition, 103. to pay a legacy, when the devise is to the testator's heir at law, 103-107. devises, on condition to pay a legacy, held to be a limitation, and, not a condition, 106. to pay a legacy, when the will gives to the legatee a right of entry on non-payment of it; and the nature and effect of that right of entry, 107. distinction between a right to enter and hold until payment of a legacy or annuity, and a right to enter and distrain if an annuity is not paid, 107. relief in equity to a devisee, by whom a condition is broken, 108. of permitting a remainder-man in fee, on condition to pay legacies, to enter and cut timber for the purpose, 109. words which make a condition precedent, on a bequest of a legacy out of personal estate, 125. on the words, “ when," and "if," 125, n. (j) See Lease, Legacy. CONFESSION OF ASSETS, 304. See Assets. CONIES, 199. CONSIDERATION, of a bond, 277, 278, 279. sufficient to support a promise, 280, n. (t) CONTINGENT DEBT. See Debt. CONTRACT, privity of, 306, 307. See Debt. CONTRIBUTION, right of devisee of mortgaged land to contribution from a devisee of unmortgaged land, 366, 367. CONVERSION, of real into personal estate, 201. of personal into real estate, 211. case, where rents and profits until sale were considered to be personal estate, 204, n. (q) election, in cases of, 203, 209 n. (k), 212. See Mortgage, Personal Estate, Purchaser, Real Estate. COPYHOLDS, devised to pay debts, 38. by will charged with debts, 65. surrender of, to the use of a will, 130. at the will of the lord are not assets, 240, 242. where they have been placed, when assets have been ranged to pay debts, 377. not liable to execution upon a judgment, 392. See Lease. COPYRIGHT, 241. CORN. See Emblements. COSTS, of a creditor's action against executor, 300, 301. tacking of, to a mortgage, 389. See Executor, Expenses. COURT OF EQUITY. See Chancery, Debt, Decree, Relief, Suit. of indemnity, 276. lessor's action on covenant in a lease for years, 306, 311-314, 315. a debt may be created by a covenant to pay money, which is not borrowed, 368. not to pay money may create a debt, in the sense that the covenant, if broken, will create a demand for damages, 368, 369. to settle land may create a debt, in certain senses, 369. when on a covenant to settle land, a debt is not in equity, with reference to exoneration, created by the covenant, 370. when it is auxiliary only to land charged, 371. See Debt. CREDITORS, power of executor to exercise a preference between, 285. priority between two creditors, by one or both of whom the executor is sued at law or in equity, 290. priority between two creditors, by one of whom the executor is sued at law, and by the other in equity, 292. suit in equity against executor, 285, 290, 291, 292, 293, and ib. n. (k), 294, and ib. n. (m), 298. by specialty payable before creditors by simple contract, 332, 337. a court of equity does not take from specialty creditors their legal right to be paid before creditors by simple contract, 337. CREDITORS (Continued.) See Action, Answer, Assets, Debt, Demand, Devise, Election, Executor, Lien. CROWN DEBT, 13, 274, 333, 502. acts of parliament to enable land to be sold, free from the crown's lien upon it, CUSTOM. See London. DAMAGES, recovered by an executor are personal assets, 152. debt which consists of, 368, 369. DEBT, different kinds of, 1. of record, 1. to the crown, 13, 274, 333, 502. by statute, merchant or staple, 408. by judgment, 1, 318, 333, 502. against an executor, 290, 291, 299, 328, and ib. n. (s), 335. by decree, 282, 283, 291, 293, 296, 299, 317, 502, 503. against an executor, 291, 299. by recognizance, 2. by specialty, 2, 4, 276, 332. by bond, 275, 276, 286, 317. by covenant, 3, 368, 369. by simple contract, 4, 5, 275, 277, 284, 286, 317, 332, 556, n. (j) secured by mortgage, 5, 318. when a mortgage debt is by specialty, and when by simple contract, 6. which consists of damages, 368, 369. reviving a simple contract debt barred by the statute of limitations, 50. presuming payment of a bond debt, 51, 52. a direction by will for the payment of debts will not, it seems, revive a bond reviving debts by bond and by simple contract, 52. presuming payment of a judgment debt, 53. when a will charges real estate with debts, all debts contracted before or after the distinction between debts and legacies, with reference to a charge on real estate, 96. real estate discharged of debts, which a trustee has raised out of it, and misap- order in which debts are payable out of legal assets, 274, and n. (c) debts which are equal, 275, 182-284, 292, 296. contingent, 276, 551. action of, 301. advertisement by executor for debts, 448. payment of debts before legacies, 550. payment of debts before legacies, when real estate is devised in trust for, or payment of a legacy or residue, while there exists a contract, bond, or covenant, whether the excess of the debt beyond the penalty of a bond is a debt by spe- payable out of a separate estate, the assets of a married woman, 577. DEBTOR, a person does not make himself a debtor, because, by virtue of a power to DECREE, difference between a final decree, and a decree quod computet, 299. DEED, 2, n. (b) and (c) delivery of, 2, n. (c) meaning of the expression that a deed is "executed," 2, n.(c) DEER, 198, 200. DEMAND, creditors need not demand but by an action, 556, n. (1) DEPOSIT OF TITLE DEEDS. See MORTGAGE. DESCENT, as distinguished from purchase, 69, 103, 104, 105. See HEIR. SEISIN. DEVASTAVIT, what it is, 494, 495. acts, which at law may be a, 495. acts, which in equity may be a, 496. a co-executor, who did not concur in a devastavit, is not answerable, 500. an executor, who commits a devastavit in law, may sometimes be relieved in acts that may not be a, 556, 557. See ACTION, EVIDENCE. DEVISE, of real estate, in trust for the payment of debts, or debts and legacies, 37. of a trust estate, 69. on condition to pay legacies, 97. fraudulent as against creditors, 214-234. of land, subject to the incumbrances on it, 359, 360, 366. See CONDITION, DEBT, LEGACY. DEVISEE OF MORTGAGED LAND. See CONTRIBUTION. DISTRESS. See CONDITION. DOGS, 200, and n.(j) DOVES, 199. DOWER. See NOTICE. DUNG, 182, n.(b) DUTY. See PROBATE, ADMINISTRATION. EJECTMENT. See ENTRY. ELECTION, 161, n. () when paraphernalia are bequeathed by a husband to his wife, she may elect to take by executor or administrator, to retain assets in satisfaction of his debt, 267, n. (e) in cases of conversion, 203, 209, n.(k,) 212. and creditors by specialty may, at their election, take their remedy against the heir or on stock sold by a trustee, contrary to his trust, 517. between profits of trade carried on by an executor, and interest on the capital and ELEGIT, 14, 412. he, to whom land is delivered under, is possessed of a chattel estate, 412. reference to authorities on the satisfaction or determination of a statute, or execu- See EXTENT, JUDGMENT. EMBLEMENTS, 186. are personal estate of a person deceased, 184. kinds of corn and vegetables which are, 186. |