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The Pamphlet Collection of Sir Robert Stout: Volume 27

Equity

Equity.

(Candidates for admission as Solicitors need not answer Questions 11,15, and 16.)

1.Is an actual transfer of property to a trustee necessary to the creation of an express trust?
2.Will equity enforce the execution of a voluntary trust?
3."Joint tenancy is not favoured in equity." Explain this.
4.A wife joins with her husband in mortgaging her estate, the equity of redemtion being reserved to the husband: What is the rule of equity in such a case?page 3
5.What is the rule of equity as to the remuneration of trustees and the payment of their expenses in administering the trusts vested in them?
6.In what order are the assets of a person deceased applied by a Court of Equity in payment of debts?
7.Explain and illustrate the doctrine of apportionment and contribution.
8.What is meant by a fraud on a power of appointment?
9.Can an infant obtain a decree for specific performance of a contract? Give reasons for your answer.
10.Will equity decree specific performance of a voluntary covenant?
11.What are the remedies in equity for mistakes? Give examples of mistakes that will be remedied.
12.
A purchaser of land takes a conveyance—
(1.)In the name of another;
(2.)In the name of himself and another;
(3.)In the name of his wife;
(4.)In the name of a legitimate child;
(5.)In the name of an illegitimate child:
What rule is applied by equity in each of these cases, and is such rule inflexible?
13.A tenant for life of a freehold estate pays off encumbrances on the estate: What is the equitable presumption with reference thereto, and is it conclusive?
14.State the general principles on which a Court of Equity will act in a suit for specific performance of a sale of land, the quantity being deficient.
15.How far are the rules of equity as to covenants running with the land in conflict with those of the Common Law?
16.Explain the equitable doctrine of making good representations.