THE LAW OF PROPERTY.

The Board of Examiners.

1. (1) What would be the effect

(a) Of a grant of lands "to A to have and to hold unto A to the use of A in fee simple"?

(b) of a devise of lands "to A in fee simple"? (c) Of a transfer of lands under the provisions of the Transfer of Land Act 1890 duly registered "to A in fee simple"?

(2) A the tenant for life of lands, part of which lands are under the general law, and part of which are under the Transfer of Land Act 1890, executes a grant of the lands under the general law and a transfer of the lands under the Transfer of Land Act 1890, each of which is in the following terms "to A and B".

What is the effect of these instruments respectively?

Give, in each

case, the reasons for your answer.

2. What is requisite to constitute a good assignment of a leasehold interest in land? Give the reasons for your answer.

3. (a) Explain what is meant by an equitable estate in lands.

(b) Give an example of words which would convey an equitable estate in fee simple.

(c) Explain why the words in the example would have the desired effect.

4. A is the mortgagee of lands under the provisions of the Transfer of Land Act 1890. The mortgage has been effected by an absolute transfer by which A has become registered proprietor and a deed of defeasance. The mortgagor having made default under the terms of the deed of defeasance, A is anxious to foreclose. What steps ought A to take? Give the reasons for your

answer.

5. Lands are conveyed to A, B, and C, and their heirs upon trust, and by the settlement in case any of the trustees should die, become insolvent, or be desirous of retiring, a power of appointing new trustees is vested in the person for the time being entitled to the receipt of the rents and profits of the lands. A being desirous of retiring, and G, the person for the time being entitled to the receipt of the rents and profits of the lands being an infant, A gets D to agree to act in his place, and conveys his undivided share in the lands to D and his heirs. A afterwards dies. Afterwards B becomes insolvent, and E is appointed his trustee. Afterwards C dies, and administration of his estate is granted to F. Afterwards G comes of age, and appoints H, I and J trustees of the settlement.

What conveyance ought to be executed, and by what parties, in order that the legal estate in the lands may be vested in the persons whose duty it is to carry out the trusts ?

Give the reasons for your answer.

6. Explain what is meant by an estate in reversion, and what is meant by an estate in remainder, and give an example of each.

7. A, who is at the time able to pay all his debts, receives a legacy of £10,000. A, by deed, in consideration of natural love and affection, conveys £5,000, part of this legacy, to X and Y upon trust to invest the same and pay the income to B, the then wife of A, during her life for her separate use, and after her death to stand possessed of the corpus for the issue of the marriage, and, in case there should be no such issue who being sons or a son should attain the age of 21 years, or being daughters or a daughter should attain that age or marry, for A his executors and administrators. A invests the residue of the £5,000 in the purchase of shares in a joint stock company at that time in good credit, but which afterwards fails, and A's estate is sequestrated for the benefit of his creditors, between three and four years after the settlement. What interest, if any, does A's trustee in insolvency take in the property comprised in the settlement? Give the reasons for your answer.

8. A duly makes his will.

He afterwards marries. Afterwards he duly makes another will, which does not make any mention of the former will. Afterwards A, being on his death bed, directs an attendant to burn the second will with the object of revoking it, which the attendant does in his presence accordingly. The contents, however, can be proved by the draft. What, if any, testamentary papers would be entitled to probate at the last will of A? Give the reasons for your answer.

9. A, who is carrying on business as a draper, borrows £500 of B, and to secure re-payment of

it and interest, gives B a bill of sale over his stock-in-trade. The bill of sale is registered under the provisions of Part VI. of the Instruments Act 1890. A remains in possession of the stock-in-trade. Afterwards C, another creditor of A, recovers judgment against him, and causes the stock-in-trade to be seized and sold by the sheriff, when it is purchased by C for £100. C takes the following objections to the validity of the bill of sale:-(1) That there is no attesting witness to it. (2) That A is described in the affidavit and bill of sale as residing at Highstreet, St. Kilda, whereas, as a fact, he resided at High-street, Prahran. Assuming that, apart from these objections, the bill of sale is duly registered, who is entitled to the goods comprised in it? Give the reasons for your answer.

10. What is the general effect of the Acts now embodied in Part XI. of the Instruments Act 1890, generally known as the Factors Acts, relating to sales and pledges of goods by factors and agents? 11. A, who is seized of lands in fee simple, and is possessed of goods and chattels, and also has debts owing to him, and has also a wife and infant children, and who also owes money, is convicted of felony. In what ways, if at all, can all or any of the property of A be applied in payment of his debts, and the support of his wife and family? Give the reasons for your

answer.

12. Explain the meaning of the following terms:Emblements, Fixtures, Equitable mortgage, Administrator de bonis non, Hotchpot Clause (in a settlement), Certificate of Registry (of a ship).

THE LAW OF OBLIGATIONS.

The Board of Examiners.

[Wherever possible, give the reasons for your answer.] 1. Discuss and illustrate the statement that Contract is the result of the concurrence of Agreement and Obligation.

2. A is the executor of B's estate. B shortly before his death owed C the sum of £100. Čapplies to A for payment of the debt, and A, on C threatening to bring an action against A, as B's executor, and in consideration of C forbearing to bring such action, signs and hands to the following promise in writing:-"I personally undertake to pay C the sum of £100 owed to him by B, whose executor I am. (Signed) A.” C afterwards sues A personally for the amount. Can A successfully defend the action?

3. X intending to buy some cloth at Y's store went into the store of Z by mistake, and after looking at various samples agreed to purchase cloth to the value of £20, paid the amount to Z, and took away the cloth. Immediately afterwards, discovering his mistake, X offered to return the cloth to Z, and demanded his money, alleging that he intended to deal with Y, but Z refused either to receive the cloth or return the money. Has X any remedy?

4. State the main characteristics of and distinguish between (a) Fraud; (b) Duress; (c) Undue Influence.