SETTLEMENT-4. Reciprocal covenants to settle property on
marriage-Failure of one covenantor, whether excusing non-per-
formance of the reciprocal covenant by the other covenantor. Lloyd
v. Lloyd

25

SHERIFF-Trespass-Execution of writ of fi. fa.-Breaking doors

in order to secure exit from premises. Pugh v. Griffith

833

SHIP AND SHIPPING—1. Bill of lading-Whether bill of lading
be conclusive evidence of shipment, as against shipowner, in favour
of holder of the bill for value. Berkley v. Watling
660

-

2. Charter-party Foreign document Copy of entry in
notary's book-Whether receivable in evidence. Brown v. Thornton

459

3. Goods-Non-delivery-Bill of lading-Estoppel-Evidence
of non-shipment. Berkley v. Watling

660

SOLICITOR-1. Confidential communication — Confidential com-
munications made by A. to B. in the presence of B.'s solicitor-
Solicitor's right to refuse disclosure on ground that information was
acquired as professional adviser of B. Desborough v. Rawlins 320

-

2. Costs - Solicitor trustee Direction for payment of
expenses and charges in instrument creating trust Right to
charge out-of-pocket expenses only. Moore v. Frowd.

3.

205

Taxation of costs-Costs secured by deed many years
before-No evidence of fraud. Waters v. Taylor

-

4.

129

Petition for taxation more than twelve months after
payment of bill-Necessity of proving gross nature of charges
amounting to fraud-Allegation that money has been received by
solicitor and not credited in account - Principles of Court with
respect to taxation of bill after payment. Horlock v. Smith

5. Delivery of precept to sheriff's bailiff-Wrongful levy by
bailiff-Liability of solicitor as co-trespasser. Sowell v. Champion

STATUTE—Alteration in law by, pendente lite-Rights of parties in
absence of express statutory direction. Hitchcock v. Way

653

TENDER-Offer of "£8 in settlement"-Account amounting to
more than amount tendered-Conditional or unconditional tender.
Eckstein v. Reynolds

TOLL. See Market and Fair.

676

TRADE MARK-1. Injunction-Principles and rules upon which
the Court interferes, by injunction, to prevent defendant from using
trade mark-Plaintiff's claim to exclusive use of trade mark not
legally established. Motley v. Downman

Use of by rival tradesman-Ignorance of ownership-
Perpetual injunction. Millington v. Fox.

. 271

TRESPASS-1. Goods taken under process, upon regular judg-
ment, but in place to which process did not run-Damages-Recovery
of whole value of goods taken. Sowell v. Champion

514

2. Action against administrator for trespass of intestate.
See Executor and Administrator, 6.

And see Common.

TROVER AND CONVERSION-Sale of goods by servant of bank-
rupt after act of bankruptcy-General authority to sell. Pearson
v. Graham
644

TRUST-1. Acceptance of-Acceptance of trusteeship of leasehold
house specifically bequeathed by will, whether evidence of accept-
ance of trusteeship of legacy bequeathed to same trustees upon
different trusts by the same will. Urch v. Walker

.

. . 360

2. Breach of trust- Trustee for sale of property in India-
Proceeds of sale allowed to remain in hands of firm of which trustee
was a partner-Death of trustee-Loss of trust fund-Liability of
estate of deceased trustee. Bacon v. Clark

3.
4.

Luches-Acquiescence. March v. Russell.

261

Claim against executor of deceased trustee. See
Executor and Administrator, 3-5.

5. Solicitor-trustee-Costs, right to recover. See Solicitor, 2.
And see Limitations, Statute of.

VENDOR AND PURCHASER-1. Notice-Same person agent for
both vendor and purchaser-Notice affecting purchaser-Deeds in
possession of third party. Dryden v. Frost

344

2. Vendor's lien-Assignment-Whether benefit of vendor's
lien for unpaid purchase-money may be assigned by parol to third
party. Dryden v. Frost

344

3. Title-Requisitions on title, delivery of Failure of vendor
to deliver abstract within time specified in conditions. Southby v.
Hutt
26

4.

Specific performance-Sale by auction-Conditions of
sale-Stipulation as to title-Production of deeds-Notice to pur-
chaser of intention to restrict production. Southby v. Hutt

26

WAY. See Highway.

WILL-1. Devise of realty-General charge of debts-Primary
liability of personal estate for payment of mortgagor. Bickham v.
Cruttwell
380
2. Direction to pay debts and legacies-Implied charge on
real estate passing under residuary bequest. Mirehouse v. Scaife 164
3. Estate of trustees-Devise in trust to pay rents-Whether
carrying legal estate. Doe d. Gratrex v. Homfray.

4.

466
Devise enlarged to fee by trust for sale-Trust to pay
debts out of realty only if personalty deficient. Doe d. Cadogan V.
Ewart.

789

WILL—5. Executor, appointment as, whether carrying fee-Wife
appointed "full and sole executrix of the freehold house, situate,"
&c. Whether passing fee in house. Doe v. Haslewood.

6.

445

Appointment of nephew as "whole and sole executor"

of house situate at F. Doe v. Pratt.

455

7. Foreign will-"Male children" read as "male descen-
dants." Bernal v. Bernal
330
"Male descendants" denoting a class taking by
inheritance, whether to be confined to descendants claiming
through males only. Bernal v. Bernal

8.

330

9. "Eldest male lineal descendant" held to be inapplicable
to a male person claiming in part through a female. Oddie v. Wood-
ford

331

10. Legacy-Lapse-Residuary bequest of real and personal
estate to four persons as tenants in common, who, with others, were
appointed executors-One of the four having renounced probate :
Held, that his fourth share lapsed-Renunciation of probate by
one-Lapse of share of residue. Barber v. Barber.
349
11. Limitation over-Remoteness- "After the decease of all
the sons and grandsons " read "such sons and grandsons." Ellicombe
v. Gompertz
234
12. Precatory trust Gift of residue to executor for his own
use and benefit, "trusting and entirely confiding in his honour that
he will act in strict conformity with my wishes"--Separate list of
legacies-Absolute gift subject to charge or trust for next of kin.
Wood v. Cox.

13. Residue Gift by implication-Gift of balance at banker's
to discharge debts, "which I hereby desire E. M. to do, and keep
the residue for her own use and pleasure." Boys v. Morgan
337

14. Revocation-Attempt to destroy-Will thrown on fire by
testator and rescued from flames by third party-Proof of cancella-
tion. Doe d. Reed v. Harris

15.

.

Modification by codicil

469

Substituted legacy
Whether subject to limitations of original gift. Cookson v. Hancock

136

16. Republication by codicil-Codicil republishing will,
whether making will speak as from date of codicil for the pur-
pose of passing after-purchased lands and for the revival of
revoked or adeemed legacy. Powys v. Mansfield
277