664 INDEX.—2. BLAND.

JURISDICTION.—Continued.

3. In all cases where the jurisdiction of the ordinary tribunals falls
short, the Chancellor may, on petition without suit, appoint a guar-
dian to an infant; and provide for his education and maintenance,
and the management of his estate. Ib,

4. But under a habeas corpus, the judicial authority extends no further
than to the discharge of a citizen from illegal restraint. Ib.

LAND PATENT.

See LAND WARRANT.

LAND WARRANT.

All common warrants must be lodged with the principal surveyor, and
entered in the manner prescribed; otherwise surveys made under
them, will be deemed void as against others regularly made.—No
positive rule, or law can be suffered to be made the instrument of
fraud.—Where there is a material difference between the location
in the surveyor's book, and the actual survey, the latter is taken as
a virtual abandonment of the former.—In caveat cases, there being
no appeal, it is usual, where there is a reasonable doubt, to let the
patent go, so as thereby, in effect, to give the parties the benefit of
an appeal. Railroad v. Hoye, 242.

LEGACY.

1. There may be cases, where the bringing of a suit by a legatee is pro-
hibited, with a bequest over, that the bringing of a suit will be a for-
feiture. Contee v. Dawson, 248.

2. Where the will declares that any legatee who controverts the disposi-
tion made of the estate shall, by so doing, forfeit his legacy, such
provision is in terrorem only, and no forfeiture will be incurred by
contesting any disputable matter, in relation to it. in a Court of jus-
tice. Ib.

3. How and when, under the peculiar expressions of a certain will, the
legacies thereby given will vest. Ib.

4. Contingent legacies ordered to be brought in and invested, to await
the contingency. Ib.

5. Where a sum is directed to be invested, and the investment is given
to one for life, with remainder over, the interest which accrued be-
fore the investment, was held to be a part of the sum directed to be
invested. Ib.

6. In general, pecuniary legacies bear interest from the end of one year
from the death of the testator. Hammond v. Hammond, 287.

7. Where one legacy is substituted for another, the substitute will, in
general, carry with it the same incidents as the original. Ib.

8. A legacy to a woman directed to be put out on good security, and the
annual interest to be paid to her during her life, remainder to her
children should not be placed in the hands of her husband oa any
terms, or be lent on mere personal security. Jones v. Stockett, 392.

9. The legatee for life, of such a legacy, should be heard as to the mode
of putting out the legacy; the Court, considering itself as ex officio
guardian of the interest of those in remainder, the legacy was, on
the suggestion of the legatee for life, invested in bank stock; and
the loss of interest, which might have been made, from the time the