Where an infant can make a valid conveyance.

1. Exercise of powers by an infant.

Age, obtain a loan of money, the lender has an equitable claim to recover the money. The infant does not in this case contract a debt: but he incurs an equitable liability which is provable, if he be made bankrupt after attaining full age; Expte. Unity, etc. Association, 3 De G. & J. 63; Expte. Jones, 18 Ch. D. 109, 120 - 125.

(y) See Romer, L. J., Thurston v. Nottingham, etc. Bdg. Socy., 1902, 1 Ch. 1, 12.

(z) Above, pp. 686, 733.

{a) Stikeman v. Dawson, 1 De G. & S. 90; Expte. Jones, 18 Ch. D. 109, 120 - 125; Thurstan v. Nottingham, etc. Bdg. Socy., 1902, 1 Ch.l, 12, 1903, A. C. 6; and cf. above, p. 684.

(b) Bac. Abr. Infancy (i. 3); Zonch v. Parsons, 3 Burr. 1794, 1804, 1808.

(c) A power simply collateral is a power, by the exercise of which the donee can acquire no interest in the subject-matter of the power, given to a person, who has not any interest therein at the time of the creation of the power and takes no interest therein under the instrument conferring the power; see Sug. Pow. 47, 48, 8th ed.

(d) Sug. Pow. 177. 910, 8th ed.; King v. Bellord, 1 H. & M. 343, 347; Re D' Angibau, 15 Ch. D. 228, 232, 233.

(e) Hearle v. Greenbank, 3 Atk. 695; Be D'Angibau, 15 Ch. D. 228, 233, 241, 244, 216.

Power simply collateral.

Power exercisable by will.

2. Feoffment by an infant under the custom of gavelkind.

(f) Re Cardross's Settlement, 1 Ch. D. 728; Re D'Angibau, 15 Ch. D. 228; Pouey v. Hordern, 1900, 1 Ch. 492, 495.

(g) Re Armit, 5 I. R. Eq. 352, 365; Farwell on Powers, 125, 2nd ed.

(A) Stat. 7 Will. IV. & 1 Vict, c. 26, s. 7.

(?) Davidson, Prec. Conv. vol. ii. pt. i. 244, n., 4th ed.; Re Maskell and Goldfinch's Contract, 1895, 2 Ch. 525, 528, 529.

(k) Stat. 8 & 9 Vict. c. 106, 8. 3.

(l) Stat. 29 Car. II. c. 3, s. 1.

(m) See authorities cited in note (i), above; where it is also stated that it is often advisable for the infant's sake that the purchaser should require the money to be invested in the names of trustees or in the infant's name until the infant attains twenty-one. It is conceived that if this course be adopted, it must be purely accessory to the payment of the money to the infant himself; for he cannot make a valid appointment of trustees for himself, so as to enable them to give a good discharge for the purchase money.

3. Under the Infant Settlements Act.

(n) Re Maskell and Goldfinch's Contract, 1895, 2 Ch. 525. It appeared that the mother had received more than the just value of her interest as dowress, hence the infant's conveyance was void-ahle on the ground of undue influence; above, p. 758.

(o) See above, pp. 97, 301.

(p) Stat. 18 & 19 Vict. c. 43, extended to the Court of Chancery in Ireland by stat. 23 & 24 Vict. c. 83.

(q) It has been held that, in the case of an infant ward of Court who has married without the Court's consent, a post-nuptial settlement of her property may be made under this Act; Powell v. Oakley, 34 Beav. 575; Re Sampson and Wall, 25 Ch. D. 482. There are conflicting judicial decisions and opinions as to whether the Act authorises a post-nuptial settlement in other cases: see Re Totter, L. E. 7 Eq. 484; Be Sampson and Wall, ubi sup.; Re Phillips, 34 Ch. D. 467; Buck-master v. Buckmaster, 31 Ch. D. 21, 26, 36, 40, affirmed, nom. Seaton v. Seaton, 13 App. Cas. 61, 68, 75, 76. In this last case it was decided that the Act removed the disability of infancy only, and did not enable a female ward of Court by a post-nuptial settlement made thereunder to dispose of her reversionary chose in action, which she could not otherwise alien.

(r) As to infants' marriage settlements made without such sanction, see above, p. 786, n. (n).

(s) The Act thus enables an infant to make a perfectly valid covenant in the settlement to settle his or her after-acquired property; Re Johnson, 1891, 3 Ch. 48.

4. By statute in certain special cases.

By the effect of the Conveyancing Act, 1S81 (c), the Court is enabled to authorise the same leases, sales, and improvements of any land, of or to which an infant is in his own right seised or entitled for an estate in fee simple or for any leasehold interest at a rent, as the Leases, sales and improvements of infants' land.

(t) Stat. 18 & 19 Vict. c. 43, s. 1.

(u) Sect. 2.

(x) He Scott, 1891, 1 Ch. 298.

(y) Stats. 11 Geo. IV. & 1 Will. IV. c. 47, s. 11; 2 & 3 Vict. c. 60; 11 & 12 Vict. c. 87. These pro-visions are now superseded in practice by those of the Trustee Act, 1893, ss. 26, 27, 30, amended by s. 1 of the Trustee Act, 1894; see Seton on Decrees, 982, 983, 6th ed.

(z) Stat. 11 Geo. IV. & 1 Will. IV. c. 65, ss. 12, 16, 31.

(a) As for sites for schools, stat. 4 & 5 Vict. c. 38, s. 5; for literary, scientific, and like institutions, stat. 17 & 18 Vict. c. 112, s. 5; for places of worship or burial, stat. 36 & 37 Vict. c. 50, s. 3; see above, p. 401, n. As to infants' land required for the erection or construction of any house or building for the purposes of any charity, see stats. 16 & 17 Vict. c. 137, s. 7, amended by 18 & 19 Vict. c. 124, s. 41.

(b) As under the Lands Clauses Act, 1845, stat. 8 & 9 Vict. c. 18, ss. 7, 69, 75, 81; or for the defence of the realm, stat. 23 & 24 Vict. c. 112, s. 11.

(c) Stat. 44 & 45 Vict. c. 41, s. 41. As to the powers of dealing with infants' land before this enactment, see Wms. Conv. Stat. 200 - 203.

Court has power to authorise in the case of a settled estate by virtue of the Settled Estates Act, 1877 (d). And by the effect of the Settled Land Act, 1882 (e), all the powers of a tenant for life under that Act may be exercised on behalf of an infant, not only where he is or has the powers of a tenant for life under the Act, but also with regard to any land, of or to which he is in his own right seised or entitled in possession for any estate or interest (f); and in such case these powers are exercisable by the trustees of the settlement (g), if any, or if there be none, then by such person and in such manner as the Court, on the application of the infant's testamentary or other guardian or next friend, may order. Under these enactments, any land, of which an infant is tenant for life at law or in equity, or in which he has any other estate or interest giving him the powers of a tenant for life under the Settled Land Act, 1882 (A), or of which he is seised in fee, or to which he is otherwise entitled in possession, may be effectively sold and conveyed to a purchaser, notwithstanding his infancy; and any leases authorised by the Settled Land Act may be made thereof in like manner. Where persons are specially appointed by the Court to exercise the powers so conferred, there being no trustees of the settlement, it is not necessary that such trustees should also be appointed in order that notice may be given to them of the intention to exercise the powers, and the persons so appointed may well exercise the powers, notwithstanding that there are no such trustees (i): but in that case any purchase or other capital money must be paid into Court, the persons so appointed having no authority to give a good receipt therefor (k). If, however, there be trustees of the settlement and the powers in question be exercised by them, it will lie in their option, as exercising the powers of a tenant for life, to direct the purchase or other capital money to be paid either to themselves, as trustees of the settlement, or into Court (/), and if they choose to direct payment to be made to themselves, their receipt will be a good discharge to the purchaser (m). And this is the case, not only where the infant has a life or other limited estate giving him the powers of a tenant for life of settled land, but also where he is seised in fee or otherwise absolutely entitled in possession, and trustees of the settlement deemed under sect. 59 of the Settled Land Act, 1882, to be existing are appointed by the Court (n).