(396) as opposed to a rule governing all cases of duced, every tenant in tail may dispose of the a certain kind. Thus, a trustee often has land for an estate in fee-simple absolute, so as to defeat the rights of all persons claiming under a discretion given him as to the manageand after him; provided (1) that the disposition, ment or application of the trust property. in the case of freehold land, is by deed enrolled So, a judge, or court, often has a discretion in the High Court of Justice, or, if the land is in making orders or imposing conditions copyhold, by surrender enrolled on the court rolls the manor, unless the estate tail is equitable, when it may be barred either by surrender or by deed enrolled; and (2) that if there is a protector under the instrument creating the entail, no disposition made without his consent by the tenant in tail bars the persons entitled in on litigants, e. g. as to payment of costs, relaxing rules of practice, &c. Discretion, however, is "to discerne by the right line of law, and not by the crooked cord of private opinion, which the vulgar call remainder or reversion expectant on the deterdiscretion" (Co. Litt. 227b); and, therefore, if a judge proceeds on a wrong principle in a matter within his discretion, his order may be set aside by a court of appeal, (see Watson v. Rodwell, 3 Ch. D. 380,) and if a trustee acts fraudulently or negligently, the possession of a discretionary power will not protect him. Lew. Trusts 511. See, also, DELEGATION; POWER; TRUST. DISCRETION, (defined). 18 Wend. (N. Y.) 79, 99; 4 Burr. 2527, 2539; Hob. 158, 159. mination of the estate tail. An ordinary disentailing deed consists of a conveyance of the land by the tenant in tail to a nominee to such uses as the tenant in tail shall appoint, and in default of appointment to the use of him and his heirs. Stat. 3 and 4 Will. IV. c. 74, §§ 15, 40 et seq.; Shelf. R. P. Stat. 320, 343. See ENROLL; FEE; PROTECTOR; SURRENDER. DISFIGURING, (what does not constitute the offence of). Cheves (S. C.) 157.