554 INDEX.

ATTORNEY— CmUnwd.

of the solicitor, whose authority to file it need not be exhibited.
f Georges Creek Coal and Iron Company Vs. Detmold, 372. See COMMIS-
SIONS, 3.
AUDITOR.

See PRACTICE in CHANCERY, 33.
BANKS.

See LIABILITY OF CORPORATIONS ON TRANSFERS OF THEIR STOCK.
BILL AND ANSWER.

See PRACTICE IN CHANCERY, 2, 4.
BILL OF REVIEW.

See PRACTICE IN CHANCERY, 41.
BILL OF REVIVOR.

See DECREE DORMANT FROM LAPSE OF TIME, 2.
BILL OF RIGHTS.

iSee CONSTITUTIONAL LAW, 8,9.
CERTAINTY.

See PART PERFORMANCE, 4, 6 to 8.

SPECIFIC PERFORMANCE.
CHANCERY PRACTICE.

See PRACTICE IN CHANCERY.
CHATTEL INTEREST.

See LEASE, 1.

DOWER, 1.
CHILDREN.

iSee POSTHUMOUS CHILDREN.
CIRCUITY OF ACTION.

See PRACTICE nr CHANCERY, 36.

CoNTRmSlON AMONC JOINT OBLIGORS, 3.

COMMISSIONS.

1. Upon a devise of real and personal property to a trustee, in trust, to ap-
ply the income arising therefrom for the mutual benefit of the uncle
and aunt of the testator for life, and after the death of the uncle to the
mutual benefit of the aunt and her children, and the testator having
said that the trustee whom he also appointed his executor, shall have
"ten per cent. on the whole amount of property which may come into
his hands." HELD—

That he was entitled to this per centage on the whole amount of
property, and not on the income only, irrespective of the sum
which may have been allowed him by the Orphans' Court as exec-
utor, and in this respect the two offices are to be regarded as dis-
tinct as if filled by two different persons. ARtcAeHvs. Holmes, 287.
3. A trustee may waive his claim to commissions where that claim exists.

Barry vs. Barry, 20.

3. Where the trustee, by the terms of the deed creating the trust, was en-
titled to an allowance for costs and expenses attending its execution,
such allowances, should the nature of the trust and the circumstances
of the case require it, irill embrace, even without an express provision,
the expense of employing an attorney. Green vs. Putney, 262.