INDEX. 695

of his whole debt, 588; Andrews v.	A devise to the prejudice of creditors is ^
Scotton, 655, 665. The assignee of a chose in action, takes it	void.—CampbelFs case, 225, 238. How and when, under the peculiar ex-
subject to all equities,— Watkins v. Worthington, 542.	pressions of a certain Will, the legacies will vest. — Contee v. Dawson, 288.
A testator cannot, in any way, place his personal estate beyond the reach of his	The meaning of a will directing an elder to maintain and educate JJb«foun8er
creditors. — Addison v. Bowie, 621.	son. — Pattison v. Frazwr,
A legacy to a creditor may, in some cases, be presumed to be a satisfaction	A power of appointment, as given in a certain will, allowed to be arbitrarily
of the debt, 625.	exercised. — Addison v. Bowie, 618.
DECREE	Where a testator may put his devisees to
A defendant will not be compelled to	an election to take under or in opposi- tion to his will; in such cases the
comply with a decree before he has obtained that which he is first entitled to receive. — Crapster v. Griffith, 15.	court may elect for infants. — 622. The nature of a devise of a right of ha- bitation, 626.
A decree of the Court of Appeals, can- not be modified by the Court of Chan- cery; nor, perhaps, even by the Court	A devise by a father for the support of the family, must include the support of the devisee's widow, with the main-
of Appeals itself, 24. Interlocutory decree by default against infant as well as adult defendants. —	tenance and education of his infant children, 627.
Townshend v. Duncan, 47.	DISCLAIMER.
A decree against infants for the payment	If one of the defendants answers and dis-
of money, 45.	claims, the bill may be at once dis-
A decree to account with special direc- tions, — Cox v. Callafian, 51. Decretal order to account. — Parker v. Mackall, 64; Cheseldine v. Gordon, 81 . Decree in due proportion against several, for the rents and profits of the real	missed with costs as to him. — Kipp v. Hanna, 28; Worthington v. Lee, 680. A disclaimer should be explicit, and can only be received from a defendant who is subject to no liability. — Worthington v. Lee, 680.
estate of the plaintiff held by them du-
ring his infancy. — Cheseldine v. Gor-	DISTRIBUTION.
don, 82. Interlocutory decree for partition, and to account for the rents and profits as against a trustee. — Winder v. Diffen- derffer, 179.	The succession to personal property, on intestacy, is regulated by the law 0f the deceased owner's last domicil. — Corrie's case, 489.
A decree can only be opened on just	DOWER.
cause shewn. — Meluy v. Cooper, 200. An order confirming an auditor's report	The widow of a vendee can only be en- dowed of that which remains after the
is a judgment final as to the matter to	vendor's lien has been satisfied. — Elli-
which it relates. — Contee v. Dawson,	cott v. Welch, 244.
268.	Real estate sold in a creditor's suit sub-
There may be a decree upon an award made under an order of reference, 276;	ject to a claim of dower, — Mildred v. Neill, 355; Ewings v. Ennalls, 356.
Gardner v, Dick, 277. The court must decree between co-defen- dants so as to close the case. — Contee	On petition in a creditor's suit dower assigned to a widow who was not a party. — Watkins v. Worthington, 512.
v. Dawson, 292. No decree for a sale should be passed before all the substantial equities be- tween the parties have been settled. — Lawson v. The State, 640.	On a bill to sell the realty to save the personalty, the widow may have her dower of the realty, but not a distribu- tive share of the personalty so saved. — Waring v. Waring, 676.
DELIVERY OF POSSESSION.
Possession of land, sold under a decree after the sale has been ratified, may be	ELECTION. Where a testator may put his devisees to
given, but not before the removal of	an election to take under or in oppo-
the crop. — Tyson v. Hollingsworth, 334. After the ratification of the sale, the pur-	sition to his will; in such cases the court may elect for infants. — Addison
chaser may be put into possession. —	v. Bowie, 622.
Murdock's case, 464, 468.	EMINENT DOMAIN.
DEVISE.	The power of condemnation not in its
The devise in a certain will held not to	nature a continuing one, unless so de-
pass an estate tail. — Winder v. Diffen-	clared.Binney's case, 128, 136.
derffer, 178.