§96 INDEX.

SURCHARGING AND FALSIFYING ACCOUNTS— Continued.

was assumed to be correct, the complainant will be allowed to sur-
charge and falsify such account, to the extent of the errors specified
in his bill, independently of the question of fraud, actual or construc-
tive. Williams vs. Savage Maimfactwnng Company, 306.

2. The court is to take the account as stated, and the onus probandi is upon
the party having liberty to surcharge and falsify, and he will be re-
stricted to proof of error specified in his bill. Ib.

3. When the accounts upon which the settlement was based, were pre-
sented to the complainant, he was deprived of much of his mental
capacity, and incapable of giving them that examination which was
indispensable to their full comprehension. HELD—
That under these circumstances, it was the duty of the court, if er-
rors were pointed out, to permit the plaintiff to surcharge and fal-
sify the accounts, though the settlement based upon them was
regarded as a family settlement, which the court will usually
uphold with a strong hand. Ib.
TENANCY IN COMMON.

See WILL AND TESTAMANT, 2.
TRANSFER BY OPERATION OF LAW.

1. Where the administrator of an executor takes out, jointly with another,
letters of administration de banis non, on the estate of the testator, he
does not exclusively represent both estates, and, consequently, there can
be no transfer, by operation of law, of the property in his hands as ad-
ministrator to him as administrator de borns wm, Thomas va. Wood,
•s 297.

2. Where a final account has been passed, or the time limited by law for
the settlement up of an estate has elapsed, and the same person who is
executor or administrator, is also guardian to the parties entitled to the
surplus, the law will adjudge such surplus, in his hands in^that char-
acter in which his duty requires he should hold it. Estate of Edward
'„ . Williams, 25.

3. The transfer in such case is effected by operation of law, and requires
^ no act of the party himself. Ib.
^"~ 4. This principle does not apply to a trustee appointed under a decree of
the Court of Chancery to sell property where no tine is fixed by law
for the completion of his trugt. Ib.
TRANSFER OF STOCK.

1. The mere addition of the word "trustee" to the name of the person who
appears on the books of a corporation as the stockholder, with nothing
to indicate the character of the trust, or the party beneficially inter-
ested, will not deprive him of the legal capacity to transfer the stock,
though by ao doing, he may commit a breach of trust. JSbert and wife
vs. Savings Bank et al., 407.

See LIABIUTT OF CORPOHATIOMS on TRANBEEBS or THEIB. •TOCK;.
TRESPASS.

1. Courts of equity will interfere by injunction, even as against trespassers,
if the acts done, or threatened to be done, to the property, would be