Page images
PDF

such trusts, powers, and authorities, and for the time, Strict

trouble, and attendance of themselves respectively and '

their respective clerks and agents in any matter or thing in anywise relating to the execution of such trusts, powers, and authorities, they the said E. F. and G. H. having respectively undertaken the execution of such trusts, powers, and authorities at the instance and request of the said A. B. and C. B., and upon that express stipulation or agreement (A). In Witness &c.

(k) If a trustee who is a solicitor acts as a solicitor, he is not entitled, Trustee who is unless under a special direction, to charge for his lahour; he can charge a solicitor canmerely for his costs out of pocket; (New v. Jones, 9 Byth. Conv. by Jar- profCTrionafbu man, 338); and a direction that he shall be so entitled must be express; siness done for it will not be implied from general language respecting the payment of the trust estate; the costs of the trusts and of the trustees' expenses. Moore v. Frowd, 3 My. & C. 45. Hence the clause in the text, which seems, however, to —unless by exbe more elaborate than is necessary. The following proviso may be sub- Press direction. stituted

"Provided Always, and it is hereby agreed and declared between and by the parties to these presents, that the said E. F. and G. H., and each of them, £and any future trustee of these presents who shall be a solicitor or attorney], shall be entitled to be paid for all business done by them or him as a solicitor or attorney for or in respect of the trust estate, in the same manner in every respect as if they or he had not been trustees or a trustee of these presents."

[graphic]

INDEX TO THE NOTES.

A.

AGREEMENTS,

for leases,—construction of, 4—10.

principles for framing, 9.
inexpediency of, 10.
nature of tenancy under, 10.
should specify the intended clauses and cove-
nants, 13.

agreement that lease shall contain usual clauses and covenants,
14—16.

See Leases.

ADVANCEMENT,

power of, in marriage settlements, 320.

satisfaction of portions by, 518.
ADVOWSON,

partition of, 240.
ALIENATION,

right of, cannot be taken away, except from a married woman,
367.

but property may be so settled as to go over on voluntary alien-
ation, 368.

and in certain cases on alienation by act of law, 268, 369.
ANTICIPATION. See Separate Use, Alienation.
APPORTIONMENT,

of rent reserved on leases, in respect of time, 110.

of rent-charge on partition of the subject-lands, 223.

when very small, 251.
APPURTENANCES. See General Words, Right Of Wat, Ease-
Ments.
ARBITRATION,

recent cases relating to, 161—163.

ARTICLES,

for marriage settlement, when used, 455.

form of, immaterial, 458.
ASSIGNMENT,

restriction on, see Condition.
ATTORNEY. See Power Of Attorne*, Solicitor.

B.

BANKRUPTCY. See Alienation.

bonds and covenants by husband to settle money on, 369, 381,
396.
BUSINESSES,

covenant in lease as to carrying on. See Trades, Nuisance.

c.

CHILDREN,

usual trusts for, in marriage settlements of personalty, 318.
objects and extent of a power to appoint to, ib.
trusts in marriage settlements in default of children becoming
entitled, 322.

how land to be divided among, should be settled, 341, 560.
younger—who are, 434.

of a future marriage—how to be provided for in marriage set-
tlements, 484.

CLAUSES,

to be inserted in lease, should be specified in agreement for, 13.
what are usual in leases, 14.
unusual, 15.

proper in leases under powers, 16.
ordinary, in marriage settlements of personalty, 319—322.
of survivorship and accruer, 437.
name and arms clause in settlements, 619.

CONDITION,

payment of rent, not a condition precedent to performance of

covenant for quiet enjoyment, 41.
not to assign or underlet—how constituted and construed, 60, 64.
how broken, 61.

whether broken by a bequest, 63.
when binding on the representatives
and assigns of the lessee, 62.

CONDITION— (continued).

general restriction on assignment does not include an assign-
ment by operation of law, 61.
determining lease on bankruptcy or insolvency valid, 62.
not to assign or underlet—altogether dispensed with by a license

for one assignment or underlease, 63.
forfeiture for breach of such conditions—how waived, 64.
for re-entry on nonpayment of rent by lessee, 68, 92.
See License, Re-entry.
CONSIDERATION, ^

statement of in voluntary settlement, 565.
CONVEYANCE,

by lease and release, improper on the exercise of powers in set-
tlement, 271.

COPYHOLDS,

settlement of, in strict settlement, 548.
CORPORATION,

aggregate, how far bound by a resolution not under seal, 96.
COVENANTS,

to be inserted in lease should be specified in agreement for, 13.
what are usual in leases, 14.

unusual in leases, 15.
proper in leases under powers, 16.
to pay rent implied by reddendum of leases, 30.
in leases to pay taxes—effect and extent of, 32—34.

See also Taxes.
covenant in lease as to carrying on trades and businesses.

See Trades, Nuisance.
in leases for quiet enjoyment. See Quiet Enjoyment.
to reside on the premises, 52.
to perform services and furnish produce to lessor, 55.
not to assign, &c, without license, 64.
with whom to be entered into in leases under powers, 75.
of donee of power of leasing bind remainderman, 76.
in leases relating to fixtures, 87.

insurance against and rebuilding in case
of fire, 106.

in leases to repair, effect of in case of fire, 104.

and yield up in repair, how to be framed
and construed, 114, 115.

« PreviousContinue »