9. X, a person domiciled in France, possessed land During cohabitation born to him, and afterX died intestate. Con and goods in Victoria. 10. When a contract is entered into by correspondence between persons in different countries, when is the contract complete, and where is it deemed to have been entered into? A, in Victoria, employs B as agent to do certain acts for him in New South Wales. What law governs the extent of B's authority? THE LAW OF PROPERTY. Mr. Gregory. 1. State what estates legal or equitable would be conferred by each of the following instruments at the time of its taking effect, giving in each case the reasons for your answer: (a) This indenture made, &c. Witnesseth that A doth hereby grant unto B and his heirs all that (describing the parcels): To have and to hold unto B and his heirs to the use of C and his heirs upon trust for D and his heirs? (b) This indenture made, &c. Witnesseth that A doth hereby grant unto B and his heirs all that (describing the parcels): To have and to hold unto B and his heirs upon trust for C for 99 years, if C shall so long live, and after the determination of the estate limited to C upon trust for the heirs of C? (c) This indenture witnesseth that A doth hereby grant unto B and C and their heirs all that (describing the parcels): To have and to hold unto B and C and their heirs to the use of B and C and their heirs upon trust for D during his life, and upon the death of D upon trust for the first son of D who may be born and his heirs? (d) A will containing the following words:-"“I devise my land at Stony Creek to my son A.” Where A dies in the testator's lifetime leaving a son B who survives the testator? After 2. A by deed demises land to B for a term of seven years reserving a rent of £50 per annum. five years of the term have expired A by deed demises the land to B for a second term of seven years, commencing at the date of the execution of the new lease, reserving a rent of £60 per annum. The new lease is accepted by B. Upon what terms does B hold after the acceptance by him of the second lease? Give the reasons for your answer. 3. A makes a legal mortgage of land to B to secure £1,000 and interest. This mortgage is duly registered under the provisions of the Real Property Act 1890. A afterwards makes a second mortgage of the same land to C to secure £500 and interest. This mortgage is also duly registered under the provisions of the Real Property Act 1890. Afterwards A makes a third mortgage of the same land to D, to secure £700 and interest. D has no notice at the time of taking his security of the second mortgage. Afterwards Dobtains a transfer from B of the first mortgage. What are the priorities of C and D? Give the reasons for your answer. 4. Lands are conveyed to A, B, and C and their heirs upon the trusts of a settlement. A dies, having duly made his will, devising all his lands, including lands vested in him as trustee or mortgagee to D, to whom probate of the will is duly granted. B then dies intestate, and administration of his estate is granted to E. C's estate is then sequestrated for the benefit of his creditors, and Fis appointed his trustee in insolvency. C afterwards obtains his certificate, and dies intestate, and administration of his estate is granted to G. In whom is the legal estate in the lands comprised in the settlement vested? Give the reasons for your answer. 5. In the year 1860 a piece of land is granted by the Crown to A, which is described as commencing at the intersection of X street and Y street, and bounded on the north by X street for a distance of 30 feet westerly from the commencing point. In the same year another piece of land is granted by the Crown to B, described as commencing at a point 30 feet westerly from the intersection of the same X street and Y street, and bounded on the north by X street for a distance of 30 feet westerly from the commencing point. A applies to have the land brought under the Transfer of Land Statute, and in 1887 a certificate of title is issued to him, in which the land is described with the proper commencing point, but by error it is stated as having a frontage of 50 feet to 6. A, the registered proprietor of land under the Transfer of Land Act 1890, sells it to B, and executes a transfer of it, which is deposited with C, to be delivered up to B on his paying the balance of the purchase money, which he is to do in twelve months. In the meantime D offers to give A a higher price for the land than is agreed to be given by B, upon which A sells and transfers the land to D, who procures himself to be registered as proprietor. D was aware of the transfer to B, and that he had paid a portion of the purchase money. What are the rights of B and D to the land? Give the reasons for your answer. 7. A having bequeathed to him a legacy of £10,000 makes a settlement by which he assigns £5,000, part of the £10,000, to trustees upon trust for his wife and children. This settlement is made in consideration of natural love and affection and no other consideration. At the date of the settlement A's debts do not amount to £100; six months after the date of the settlement the portion of the legacy included in the settlement is cc paid to the trustees, and the portion not included in it is paid to A, who invests it in the purchase of shares in a bank then in good credit, but which fails twelve months afterwards, leaving A under a heavy liability for calls in consequence of his inability to pay which A's estate is sequestrated for the benefit of his creditors a year and eleven months after the date of the settlement. Is the settlement good against A's trustee in insolvency? Give the reasons for your answer. 8. A testator by his last will bequeaths a legacy of £600 to A, and all the residue of his estate he bequeaths to C, D, and E as tenants in common and dies; A and E having died in his lifetime, and C and D surviving him, and administration of his estate, with the will annexed, is granted to X. The testator's estate, after payment of his funeral and administration expenses and debts, amounts to £1,200. How is this sum distributable? Give the reasons for your answer. 9. A, in London, consigns goods to B, in Melbourne, and forwards him two parts of the bill of lading. While the goods are at sea, B sells the goods to C. Afterwards B again sells the same goods to D, who has no notice of the previous sale to C, and indorses and delivers to him one part of the bill of lading. Afterwards B indorses and delivers the other part of the bill of lading to C. Upon the arrival of the ship in Melbourne, who is entitled to the delivery of the goods? the reasons for your answer. Give |