INDEX.

A.

ABATEMENT

when purchaser seeking specific performance can demand, 552, 553.

ACCIDENT,

equitable jurisdiction when common law right lost by, 3.

ACCORD AND SATISFACTION

at law and in equity, 699-701.

ACCOUNT,

facility of taking, in Chancery, 32.

of profits, contrasted with damages, 52, 483.

suit for, by cestui que trust against trustee, 192-194.

in redemption or foreclosure actions, 291, 292.

of profits and right to rescission are independent, 449, 450.

in aid of legal rights, 479-485.

where accounts are complicated or there is fiduciary relation, 479.
plaintiffs' right to receive money was prevented by fraud,
account is ancillary to injunction, 480.

distinguished from account in aid of equitable claim, 481.

480.

damages at common law and under Lord Cairns' Act distin-

guished, 484.

of proceeds of legal waste, 498-500.

equitable waste, 504, 505.

waste by rector, whether given at suit of patron, 506, 507.

profits in case of unauthorised use of trade-name, 525.

against executor in equity, 580, 581.

ACQUIESCENCE

by cestui que trust in breach of trust, effect of, 203.

as determining the right to enforce restrictive covenants, 512.
estoppel by, 635–639.

when equivalent to implied promise, 637.

various meanings of, 650.

as determining equitable claims in general, 700.
distinguished from laches, 722, 723.

lapse of time as evidence of, 702, 703, 722, 723.

ACTIO PERSONALIS MORITUR CUM PERSONA, how far applicable in equity, 108, 109, 481, 482.

ADEMPTION, 648, 677-689.

I. AS BETWEEN STRANGERS, 677.

legacy given for particular purpose, 679.
II. AS BETWEEN FATHER AND CHILD, 679.
presumption against double portions, 679.
to what cases presumption applies, 681.
ademption distinguished from satisfaction, 681.
presumption only applies to gifts by father to child, 682.
and where both gifts are portions, 683.

later was intended to satisfy earlier gift, 683.
question whether there is ademption, depends upon—
(a) differences in character of property given, 684.
(b) differences in limitations of gifts, 685.
(c) terms of instruments of donation, 686.
parol evidence of intention, how far admissible, 686.
effect of ademption, 688.

ADMINISTRATION ACTION,

effect of, upon powers of trustees, 180.

ADMINISTRATION OF ASSETS ON DEATH, 570-627. A. ADMINISTRATION OF PERSONAL ESTATE, 570-611. suits by creditors in equity, 571.

liabilities are either variable or invariable, 581.

I. Variable liabilities of the executor, 582–596.

order in which debts are payable out of legal assets, 382.

equitable modifications of that order, 582.

statutory modifications of that order, 583.

effect of Hinde-Palmer's Act, 583.

payment of debt of higher nature, 584.

right of preference among creditors of equal degree, 585. retainer in respect of executor's own debt, 586.

executor may pay or retain statute-barred debt, 591.

payments made without notice of debts, 591.

payment of debt or legacy with notice of liability, 593. legacies without notice of debts, 594.

judgments recovered against the executor, 595.

ADMINISTRATION OF ASSETS ON DEATH-continued.

A. ADMINISTRATION OF PERSONAL ESTATE-continued.
II. Invariable liabilities of the executor, 596—605.

debt due from executor how far assets, 596.

what is receipt of assets, 597.

liability for failure to get in assets, 599.

when claims of the estate may be enforced directly by creditors

or legatees, 599.

liability for loss of assets, 600.

acts and defaults of co-executor, 601.

(a) where property improperly sold, 602.
(b) where co-executor employed as agent,

(c) for not supervising co-executor, 604.

III. Executor de son tort; following assets, 605–-611.
when executors are protected against claims, 605.
executor de son tort, 606.

right of creditor to follow assets, 607.

legatee to make co-legatee refund, 609.
impounding share of indebted legatec, 609.

B. ADMINISTRATION OF REAL ESTATE, 611–620.
rights of judgment creditors against the land, 611.
specialty creditors at law against heir, 612.
specialty creditors at law against devisee, 613.

liability of heir and devisee in equity, 614.

land devised for payment of debts, 615.

not devised for payment of debts, 617.

remedies of creditors against real estate, 618.

Land Transfer Act, 1897...619.

603.

C. PERSONAL PROPERTY APPOINTED UNDER POWER; SEPARATE
ESTATE, 620.

D. ADMINISTRATION BY THE COURT, 621–627.

who may sue for administration, 621.

Judicature Act, 1875, s. 10...622.

provisions swelling assets are not imported, 623.
secured creditors, voluntary bonds, 623.

contingent debts, 624.

debts to which preference is given; loan by wife to husband; judgments against executor; Crown debts, 625.

administration in bankruptcy, 625–627.

ADMINISTRATOR,

powers of, at law and in equity, 577.

can retain for debt due to him, 589.

See ADMINISTRATION OF ASSETS ON DEATH.

ADVANCEMENT,

gift to wife or child is primâ facie, 147.

how presumption of, may be rebutted, 148, 150.

AFFIRMATIVE STIPULATIONS
when enforced by injunction, 531.

AFTER-ACQUIRED PROPERTY,
assignment of, 333-337.

AGENT,

when notice to, affects principal, 84–86.

of trustee, when compellable to account at instance of cestui que trust,
liability of trustee for acts and defaults of, 204–208.

misrepresentations by, when they affect principal, 383, 384.
fraud of, when imputable to principal, 402.

to trustee for sale, cannot purchase, 430.

for sale, duties of, when he wishes to purchase, 433-435.
to purchase, cannot buy his own property for principal, 436.

195-196.

must account for bribe received from vendor, 444, 445.
liability of, who sells his property to principal at profit, 445.
to sell, liability of, when he buys from principal and resells a
profit, 448, 449.

See PRINCIPAL AND AGENT.

AMBIGUOUS STATEMENT,

when fraudulent, 400.

ANALOGY TO THE STATUTE OF LIMITATIONS,

when equity acts by, 704-706.

illustrations of equity acting by, 706, 707.

ANCIENT LIGHTS,

injunction to restrain obstruction of, 472, 473.

ANIMALS,

gifts for the benefit of, whether enforceable, 122, 123.

ANSWER

of defendant, its nature and twofold effect, 30.

ANTICIPATION,

restraint on, 242--244.

APPOINTMENT

by married woman, as rendering appointed property liable to debts,
248, 249.

in favour of volunteer, renders appointed property liable to debts, 620.

ASSETS,

what are legal, 575.

debt due from executor, how far, 596.

what is receipt of, to charge executor, 597.

liability of executor for failure to get in, 599.

loss of, 600, 601.