WILL-continued. proof required of execution of, 82. liberty to supply defect in proof of, 83.364. decree, notwithstanding proof of, informal, 83. decree for execution of trusts of. See Assets; Redemption; Charities. direction for inquiry where charges paramount to, 136. order for issue on clause in, 349. WITNESSES, further directions, 349. examination of before Master, 17. re-examination of before Master, 19. examination of parties as, 20. examination of, vivá voce, 21. direction for commission to examine before Master, 24. examination of, under commission of partition, 191. WRIT OF ASSISTANCE, order for, 425. WRIT OF EXECUTION, of decree, 401. order for service of on clerk in court, 400. short, 402. service of, 402. 418. costs of, 403. 420. ADDEND A. Page 17, last line. But the Master rarely exercises this authority, and the practice is to file interrogatories at the Examiner's office as in other cases. 1 Turn. Pract. 171. See Page 54, line 29. Page v. Newman, 9 B. & C. 54. Page 72, at beginning of note. Where legacies and annuities are directed to abate proportionally, a value will be set on the annuities at the death of the testator, and interest calculated upon it. Long v. Hughes, M. R. 26th February 1829. Reg. Lib. B. 1828. fol. 1028. Thorley v. Byrne, M. R. 4th March, 1829. Reg. Lib. B. 1828. fol. 1865. Page 141, line 16. Doe v. Wharton, 8 T. R. 2. Page 141, line 32. So where the tenant is in possession under a lease subsequent to the mortgage. Pope v. Biggs, 9 B. & C. 245. Page 162, at end of note (1). The above form coincides with that used in the Exchequer. Hurd v. Partington. In the Exchequer, 5th July, 1822. Decrees in Exchequer, Trin. 1822. No. 27. [The plaintiff was second mortgagee. Booth was third mortgagee, and assignee of the first mortgagee. Bent was fourth mortgagee. Shaw was assignee of the mortgagor under the Insolvent Act. The decree is, that the plaintiff should redeem Booth as to the first mortgage, or that the bill should be dismissed. If the plaintiff redeemed Booth, the right of redeeming the plaintiff is given successively-1st. to Booth in right of his third mortgage; 2d. to Bent; 3d. to Shaw; each in default of the other: in default, each to be foreclosed. If Booth redeemed, the right of redeeming Booth is given successively, 1st. to Bent; 2d. to Shaw; each in default of the other: in default, each to be foreclosed. If Bent redeemed in any of the above cases, the ultimate redemption is given to Shaw; or, in default, he is foreclosed.] 33, for Street read Sweet. 26, for Kirkman read Kirwan. 8, for No. XI. read No. XII. 126, 12, for Cooke read Cook 136, 140, 142, 153, 172, 173, 179, .... .... .... 11, for fol. 119, read fol.610. 8, for No. IX. read No. X., and for No. X. read No. XI. .... 27 for freehold read copyhold. .... .... .... 21, for Orford read Oxford. 2, for Bill on Sale read Sale on Bill. 15, for bail read bill. 15 & 21, for Barnsley read Barnesly. 12, for Roberts read Robarts. 262, 18, for Darcy read D'Arcy. 284, 300, 306, 320, 364, 365, 399, 403, .... .... .... .... 21, for Marlow read Marlar. 23, for supported read superseded. 4, for Smith read Smyth; and line 14, for Brook read Brooke. 29, for Jeffreys read Jefferys. 38, for Hagden read Hayden. 21, for Hagden read Hayden. 27, for mayor read corporation. 19, for Crump read Crumpe. |