NOTICES TO CORRESPONDENTS. H. F. Z.-You will not have to pass the "General Knowledge Examination," but you must the "Intermediate Legal Examination." LEX.-Few of the books you mention are suitable for your reading. In conveyancing, Hayes, Sugden's Statutes, and the notes to Hayes and Jarman's Wills, but the preferable works are Williams's and Smith's compendium. In Common Law, Gray and Chitty's Archbold, with the Act of 1860, might suffice, but this is difficult work. Our Common Law Practice would be better as a beginning at least. Smith's Leading Cases and our Principles of Common Law might suffice. In Criminal Law, Archbold's Pleading and Evidence, with another work containing the Consolidation Acts, would suffice. In Bankruptcy, wait for a work containing the latest decisions. In Equity, read Hunter's Suit in Equity and Smith's Manual, the particulars of which we have before given. C. T.-Ayckbourn's last edition is the 7th, lately out, price 21s. LEX. No intermediate examinations in law have yet taken place. We do not yet know whether the questions will be published. We shall keep a sharp look out for the particulars of this examination. A SUBSCRIBER should put an advertisement in a London newspaper. We think Ealing, Chiswick, or Acton might suit you. LABELS. The reason why some of the "Small Library" volumes have not labels is that they are exhausted. There are now very few copies left of No. IV. Littleton's Tenures; No. VI. Examination Questions and Answers; No. IX. Study of the Law. V. C. We think it likely there will be a new edition of Stephen before long. G. N. M.-We have received an answer to your Moot Point, which shall be forwarded to you on receipt of your name and address SUBSCRIPTIONS.-There are some subscribers who have not yet remitted the amount of their current subscriptions; as we have already stated, the principle we have adopted is that of pre-payment, and we intend to abide by it in practice, and we must, therefore, request immediate remittances; if by post-office order, payable at the Chancery-lane Office, to JOHN LANE, No. 10, Offord-road, Barnsbury, London, N. SMALL LIBRARY.-As before stated, orders should come to us direct, and not through a bookseller. Pre-payment must be made. No. 5.-Devise-"Without issue."-A Moot Point falling under my immediate notice has just presented itself, and is as follows:Testator, after giving an estate for life to his wife in freehold premises (which has determined), devises as follows: "I give and devise my said real estate unto A. and to his heirs for ever. And in case of the death of A. and without issue then I give and devise the said real estate unto B. and to his heirs for ever. And in case of the death of B. without issue then I give and devise the said real estate unto C. and to his heirs for ever. And in case of the death of C. and without issue then I give and devise the said real estate unto my right heirs, their heirs and assigns for ever." A. has entered into a contract for sale of the said premises-he has children living. Now, few expressions in wills have caused more trouble than those of a similar nature to the above. Formerly, such a devise would have been construed to comprise descendants of every degree existing at any distance of time, but the 29th section of the Wills Act, 7 Will. 4 and 1 Vic. c. 26, enacts that such words "shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue." Had A. been dead I think this section would have removed all difficulty and vested an estate in fee simple in the children, but as there is the contingency that A. may survive his children, it appears clear to me that the deed of conveyance will require to be enrolled. What construction may be placed on this point in connection with the rule in Shelley's case? I shall be glad if any correspondents will favour me with their opinions hereon. I am, &c., WM. G. BRIGHTEN (Bishop's Office, The Close, Norwich). No. 6.-Construction of a will.-A. B. at his death was possessed of personal property to the amount of £10,000. By his will, which was duly attested, he bequeathed £8,000 to D., and the residue of his estate to his son E. Shortly after the execution of the will D. died. A. B. then executed a codicil to his will revoking the legacy to D. This codicil, however, was attested by E., the residuary legatee, and another person. A. B. had been heard to declare by many persons, after the death of D., that he would leave all his money to E. As there is a manifest intention on the part of the testator to bequeath all his estate to E., the son, will E. become entitled to the whole £10,000, although the codicil revoking the bequest to D. was attested by E. himself? E. being the residuary legatee, and the codicil increasing the gift to the residuary legatee and altering the primary bequest of £2,000 devised by the testator's will-will this first devise (being totally changed by the codicil, and the codicil being attested by an interested party) of £2,000 be void, and E. not be entitled to anything?-or will the first bequest of £2,000 be valid, and E. entitled to it, and the remaining £8,000 descend to the heir at law of D. ? Yours, &c., JOEL EMANUEL (Southampton). No. 7.-Assent by executor.-A. in 1813 mortgaged premises to B. for a term of 1000 years, redeemable upon payment of principal and interest. Shortly afterwards A. became bankrupt, and B. entered into possession. B. by his will bequeathed the residue of his personal estate unto the children of C., by Mary his wife, as tenants in common. B.'s will was proved in 1845 by D., the survivor of the two executors therein named. There were two children of C. and Mary, his wife, who immediately took possession of the property, and so continued until their deaths in the course of last year. They each appointed E. and F. ther executors; both executors proved and contracted to sell theiterm and mortgage debt to the then tenants. D. died intestate, and the purchaser's solicitor requires that administration de bonis non should be taken out to B., and an assignment of the term obtained from such administrator with the concurrence of C. and E. The vendor's solicitor contends that upon the assent of the executor (D.) to the residuary bequest, the property, not only in the mortgage debt, but also the estate or term passed to the residuary legatees; that there are no effects remaining unadministered; that the assent of the executor is proved by the possession of the legatees, and that the undisturbed tenancy by the purchaser is evidence of the legatee's possession. Can the purchaser's solicitor support his requisitions, or the vendor's his answers? WM. R. ARCHER (Great Yarmouth.) No. 8.-Trustees - Death of one.-If A. devises to B. and C., their heirs and assigns, in trust for D., and B. dies in the lifetime of his co-trustee, C., without having devised his trust estate and leaving E. his heir, does C., as survivor, become sole trustee, or is E., that is B.'s heir, a trustee conjointly with C.? B. COURSE OF LAW STUDIES (continued from vol. i. p. 207). ... didate in Hilary Term 69-76 76-82 83-84 : : ... ... xiv--xvi xv-xvi LONDON: EXAMINATION CHRONICLE OFFICE, 10, OFFORD-ROAD, BARNSBURY, N. (WHERE ALL ORDERS AND COMMUNICATIONS MUST BE SENT.) Printed by TAYLOR and GREENING, Graystoke-place, better-lane, London. NOTICES TO CORRESPONDENTS. SUBSCRIBER. We do not think the work you mention so good as those of Smith and Hunter. If you have the book you may make it suffice. There is no suitable work on Criminal Law; the best of those lately published is probably Archbold's "Pleading and Evidence," by Welsby, fifteenth edition, price 26s. There is no good work on Bankruptcy suitable to articled clerks. Wait a little. It is very doubtful when Mr. Hayes's new edition will appear. A.B.C.-The time has not yet been appointed. One of the books will be Haynes's "Outlines of Equity," price 10s. We will announce the others when we get the information. We do not know the exact words used-ask any Commissioner. INDOCTUS.-You seem to be going the right way to acquire a knowledge of your profession. Of the books you mention, finish reading Stephen, then Prideaux, Gray's "Practice," Stone's "Justices' Manual," Greaves's "Consolidation Acts." You would do better to go to the expense of buying other books rather than read what you have, for though good in themselves, they are not suitable for your purpose. SMALL LIBRARY.-The delays in forwarding the works have been occasioned by the necessity of having some of them bound. We have now such a supply as will prevent delay in complying with any other orders. We repeat that the works must be ordered direct from the office; we have refused to execute some orders because they came through booksellers who expect to be allowed commission, which we cannot afford to give them. ARREARS.-We are sorry to observe that there is a tendency on the part of some subscribers to run into arrear: now we expressly stated that we could not allow this, as we have in former times suffered fearfully by defaulters. We, therefore, repeat that we must insist on pre-payment. Post-office orders should be payable at the Chancery-lane Post-office, to JOHN LANE, of No. 10, Offord-road, Barnsbury, London, N. VOL. I. OF EXAMINATION CHRONICLE.-Those who have not had Vol. I. of "Examination Chronicle" may now procure same by sending an order for it through the post, to the office, No. 10, Offord-road, Barnsbury, London, N. The price is, in stiff wrapper, 8s. 9d.; in cloth, 9s. 6d. CORRESPONDENCE ON MOOT POINTS.-(Ante pp. 45, 46, 68).—The following are the only additional names of Correspondents, namely, Mr. G. E. Y. Cartmel, J. Thorneley's, Esq., solicitor, Liverpool; Mr. C. Latham, Melton Mowbray; Mr. S. E. Smith, Public Offices, Cheltenham. We have received communications to be forwarded to "B.," No. 8, and "M. I. N.," Nos. 1 and 2, but we do not know the names and addresses of the parties. Why not entrust us with the requisite particulars if there be any objection to having them inserted in the publication? |