most favored nation under the power conferred by the will.-Hart v. Shurtleff, 137 N. Y. S. 249.

§ 24 (N.Y.Sur.) The clause in the treaty of 1878 with Italy (article 17) gives an Italian consul the right to administer the estate of an Italian citizen dying intestate in the United States; this right being given consuls of Paraguay and Sweden by the treaty with Paraguay of 1859 and the convention with Sweden.-In re Baglieri's Estate, 137 N. Y. S. 175.

§ 24 (N.Y.Sur.) The most favored nation clause of the treaty of 1870 with Austria-Hungary (article 15) gives a consul of that nation the right to administer on the estate of a subject thereof dying intestate in the United States. In re Jarema's Estate, 137 N. Y. S. 176.

§32 (N.Y.Sup.) Affidavit on information and belief, in support of a petition under Code Civ. Proc. 2686, for the revocation of letters testamentary, is insufficient. In re Owsley, 137 N. Y. S. 1040.

Affidavits by persons now deceased on a former application for the same purpose held not to constitute sufficient proof of the allegations of a petition for revocation of letters testamentary, under Code Civ. Proc. § 2686.

-Id.

Proof in support of a petition for a revocation of letters testamentary, under Code Civ. Proc. § 2686, must be competent legal proof of the same quality which would be required upon a hearing of the issues raised by the petition.-Id.

A surrogate held to be without jurisdiction to issue citation in a proceeding under Code Civ. Proc. § 2686, for the revocation of letters testamentary, where the petition is not supported by sufficient legal proof.-Id.

$32 (N.Y.Sup.) Objections to the sufficiency of a petition for the revocation of letters testamentary may be taken by answer to the petition. In re Kelly, 137 N. Y. S. 1099.

IV. COLLECTION AND MANAGEMENT

OF ESTATE.

(A) In General.

A will devising real estate to a beneficiary for life, with gift over to her descendants, and empowering the executor to sell the property and hold the avails in place of the real estate, and appointing a son of testatrix executor, confers on the executor a power of sale, which is purely personal.--Id.

V. ALLOWANCES TO SURVIVING
WIFE, HUSBAND, OR
CHILDREN.

$176 (N.Y.Sur.) Under Real Property Law, § 204, a widow is entitled to reimbursement of sums expended by her for reasonable support and maintenance during her quarantine.-In re Brown's Estate, 137 N. Y. S. 978.

VI. ALLOWANCE AND PAYMENT OF
CLAIMS.

(A) Liabilities of Estate.
$213 (N.Y.Sur.) Where land owned by the
widow and executrix of decedent was used for
pasture in connection with his farm for 16
years, she is entitled to recover only for the 6
years preceding his death.-In re Brown's Es-
tate, 137 N. Y. S. 978.

Claims of an executrix against the estate of the testator, which matured more than six years before his death, and on which no action was commenced within that period, are barred by limitations.-Id.

$ 221 (N.Y.Sup.) In an action against executors for services rendered a decedent, evidence held insufficient to show either an express promise or facts from which a promise to pay for services rendered could be inferred.McDermott v. Conlan, 137 N. Y. S. 1105.

§ 221 (N.Y.Sur.) Where a claim against a decedent's estate is rejected, and claimant put to his proof, no different evidence is required than in other proceedings on a like debt; so that production of a note purporting to have been signed by decedent and proof of consideration is prima facie enough, putting on the executrix the burden as to her plea of forgery.

$ 93 (N.Y.Sur.) Where a will contains no provision authorizing the executors to continue-In re Mara, 137 N. Y. S. 151. the brick-manufacturing business of testator, the executor had no such authority, though the property was such that it could be used to bet ter advantage in that way.-In re Archer, 137

N. Y. S. 770.

$109 (N.Y.Sur.) A widow, as administratrix of her husband's estate, held entitled to reimbursement for the support of a minor child pending administration.-In re Lyons' Estate, 137 N. Y. S. 171.

§ 109 (N.Y.Sur.) Executors held entitled to broker's commission of 22 per cent. on appraised value of real estate after deducting commission on sale on which no commission was paid. In re Saunders' Estate, 137 N. Y. S. 438.

(B) Real Property and Interests Therein. $138 (N.Y.Sup.) A will construed, and held to pass real estate to beneficiary for life, with remainder over to descendants in fee, subject to being devested by a sale by the executor

§ 221 (N.Y.Sur.) That bonds and mortgages running to an executrix and paid by checks of the mortgagors were indorsed first by the executrix, then by the decedent, and on their face bore the paid stamp of the bank, does not establish that decedent became obligated to the claimant to the amount of the checks.-In re Brown's Estate, 137 N. Y. S. 978.

Where indorsements of both executrix and decedent on checks by mortgagor for payments to her were in his handwriting and bore the bank's paid stamp, her claim for their amount will be allowed against the estate.-Id.

VII. DISTRIBUTION OF ESTATE.

§ 298 (N.Y.Sup.) Will bequeathing life esin view of its scheme and the surrounding cirtate in income of a fund construed, and held, cumstances, to entitle life tenant to possession of the fund without security, though it did not expressly provide therefor.-In re Rowland, 137 N. Y. S. 1010.

VIII. SALES AND CONVEYANCES UN- support and maintenance of a minor during DER ORDER OF COURT. (C) Sale.

§ 379 (N.Y.Sur.) After sale of decedent's estate to pay debts, the surrogate has no jurisdiction of a motion by the purchaser to be relieved from the purchase on refusal of the administrator to convey.-In re Bridgeport Brass Co., 137 N. Y. S. 418.

XI. ACCOUNTING AND SETTLEMENT. (A) Duty to Account.

administration, she was only required to file a voucher therefor from herself individually to herself as administratrix.-In re Lyons' Estate, 137 N. Y. S. 171.

from a decree of the Surrogate's Court, render§ 513 (N.Y.Sup.) Where no appeal was taken ed on the settlement of an executor's account, which denied the demand of the consul general of a foreign country that money given by will to minors, citizens and residents of the foreign country, should be paid over to him, the consul general could not thereafter maintain an ex parte motion to the surrogate for an order for the payment of such moneys to him.-De Nuber v. Millard, 137 N. Y. S. 731. EXEMPTIONS.

§ 454 (N.Y.Sur.) Where judgment is recovered against executors in the Supreme Court, a proceeding before the surrogate for leave to issue execution against them is a special proceeding de novo, within Code Civ. Proc. §§ 1825, 1826, to be begun by the filing of a verified See Constitutional Law, § 229; Taxation, §

petition and the issue of a citation or order to show cause, served on each of the executors.McGinn v. Lighthouse, 137 N. Y. S. 110.

876.

EXPENSES.

Where a judgment was recovered against See Executors and Administrators, 485; several executors, each was entitled to service of an application for leave to issue execution thereon.-Id.

(C) Charges and Credits.

Trusts, 274.

EXPERT TESTIMONY.

See Evidence, §§ 554-573.

EXTRADITION.

§ 484 (N.Y.Sur.) An administratrix, entitled to reimbursement for the care of a minor child pending administration, held entitled to a reasonable allowance therefor in her account, and See False Imprisonment. not bound to pay over the child's share to a general guardian, and obtain such allowance

through proceedings against him.-In re Lyons' See Brokers. Estate, 137 N. Y. S. 171.

$485 (N.Y.Sup.) Executrices were not antitled on accounting to an allowance for moneys paid to expert witnesses in an attempt to sustain their prior excessive payments to counsel. -In re Rowland, 137 N. Y. S. 1010.

(D) Compensation.

§ 497 (N.Y.Sur.) An executor, who, without authority, continues the business of his testator, does not render service entitling him to compensation independent of his statutory commissions. In re Archer, 137 N. Y. S. 770.

The acceptance by the beneficiaries under a will from time to time of the net profits of the testator's business, carried on without authority by the executor, does not imply an agreement by them to pay the executor for the services rendered.-Id.

Services rendered by executors in renting, collecting rents of, and superintending real property, so far as they are given in accordance with the will, do not entitle the executors to extra compensation.-Id.

§ 498 (N.Y.Sur.) Where a will directed conversion of real estate into personalty, and the personal estate is valued at $586,000 and the real estate at $487,000, each executor is entitled to full compensation.-In re Saunders' Estate, 137 N. Y. S. 438.

(E) Stating, Settling, Opening, and Re

view.

FACTORS.

FALSE IMPRISONMENT.

I. CIVIL LIABILITY.

(A) Acts Constituting False Imprisonment and Liability Therefor.

§ 15 (N.Y.Sup.) Where plaintiff, charged with embezzlement by cablegram requesting that he be held for extradition, was released by a magistrate on the ground that the cablegram was insufficient to justify issuing a warrant, his rearrest by the defendant rendered him liable for false imprisonment, although he did it under the direction of the district attorney.Hawkins v. Kuhne, 137 N. Y. S. 1090.

FALSE PRETENSES.

§ 4 (N.Y.Gen. Sess.) A conviction under Penal Law, § 947, held not authorized, where it was not the intent of complaining witness to sell the goods to defendant, but to defendant's principal.-People v. Feinman, 137 N. Y. S. 933. An indictment for larceny at common law, by procuring a sale to defendant's principal by false representations, is not demurrable; it not being necessary that title was intended to pass to defendant.-Id.

§ 26 (N.Y.Co.Ct.) Denials in an indictment of the truth of a writing used by defendants in obtaining property held sufficient.-People v. Elite Distributing Co., 137 N. Y. S. 235.

§ 503 (N.Y.Sur.) Where a widow, as administratrix, claimed the right to charge for the For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

§ 29 (N.Y.Co.Ct.) Where an indictment for obtaining money by the use of a false writing

FORFEITURES.

set forth the writing in full, the fact that it did not charge in detail how the fraud was committed did not vitiate the indictment.-Peo- See Insurance, §§ 376, 388; Landlord and Tenple v. Elite Distributing Co., 137 N. Y. S. 235.

§31 (N.Y.Co.Ct.) An allegation in an indictment that by color and aid of a false writing property was feloniously taken is the equivalent of an allegation of reliance upon the writing.People v. Elite Distributing Co., 137 N. Y. S. 235.

FAMILY SETTLEMENTS.

See Wills, § 697.

FEES.

See Attorney and Client, §§ 144-192; Clerks of Courts, $$ 12, 17, 18, 22, 24; Counties, §§ 69-78; Sheriffs and Constables.

FEE SIMPLE.

See Wills, § 601.

FELLOW SERVANTS.

See Master and Servant, §§ 162-176, 217.

FILING.

See Clerks of Courts, § 17; Executors and Administrators, § 503.

FINDINGS.

See Reference, § 99.

FINES.

See Contempt, § 29; Criminal Law, § 995;
Judges, § 36.

FOOD.

$ (N.Y.Sup.) The state can prevent sale of oleomargarine as buttter, but not as oleomargarine. People v. Guiton, 137 N. Y. S. 600.

Agricultural Law, § 38, which prohibits manufacture of oleomargarine in imitation or resemblance of natural butter, is a valid police regulation.-Id.

ant, § 297; Life Estates, § 25; Usury, § 146.

FORGERY.

See Deeds, § 207; Elections, § 155; Vendor and
Purchaser, § 232.

FORMER JEOPARDY.

See Criminal Law, § 200.

FRANCHISES.

See Taxation, § 376.

FRAUD.

See Attorney and Client, §§ 40, 44; Contracts, § 288; Corporations, § 610; Elections, §§ 143, 155; False Pretenses; Frauds, Statute of Fraudulent Conveyances; Judgment, § 167; Landlord and Tenant, § 231; Libel and Slander, § 15; Limitation of Actions, § 39. I. DECEPTION CONSTITUTING FRAUD, AND LIABILITY THEREFOR.

§ !! (N.Y.Sup.) Representations by plaintiff's uncles, with whom he lived and upon whom he relied as to the value of his interest in his grandfather's estate, held a representation as to a fact, and not a mere expression of opinion.Murphy v. Murphy, 137 N. Y. S. 872. FRAUDS, STATUTE OF.

VIII.

REQUISITES AND SUFFICIENCY
OF WRITING.

§ 106 (N.Y.Sup.) To constitute a contract, there must be parties, consideration, and subject-matter, neither of which can be supplied by oral evidence in a contract for the sale of real estate under seal.-Baker v. Kilburn, 137 N. Y. S. 512.

8115 (N.Y.Sup.) Under the statute of frauds, an order for goods, which was taken by the seller's agent, but not signed by the buyer, was not binding upon the buyer.-Levitt v. Sliman, 137 N. Y. S. 904.

statute of

§ 8 (N.Y.Sup.) Agricultural Law, § 38, which prohibits manufacture of oleomargarine in imitation or resemblance of natural butter, prohibits a manufacturer from selecting ingredients the § 116 (N.Y.Sup.) Under in such manner as to designedly make his prod-frauds, a contract under seal for the sale and uct a closer imitation of natural butter.-People purchase of real estate, which purports to be v. Guiton, 137 N. Y. S. 600. signed by one as grantor, is void as to another who is the owner of the land, and he cannot enforce it.-Baker v. Kilburn, 137 N. Y. S. 512.

I. TRANSFERS AND TRANSACTIONS
INVALID.

(E) Consideration.

$80 (N.Y.Sup.) A conveyance of all a person's property, real and personal, in consideration of the transferee's agreement to maintain and support the transferror during his lifetime, pay his funeral expenses, and also pay a few small store bills, is void as against existing creditors of the transferror.-Nugent v. Foley, 137 N. Y. S. 705.

(J) Knowledge and Intent of Grantee.

§ 168 (N.Y.Sup.) A transfer by a debtor of all his property, real and personal, in trust for his benefit during life and after his death for the payment of debts, is conclusive evidence of fraud as to existing creditors, and the innocence of any fraudulent intent on the part of transferee will not protect his title.-Nugent v. Foley, 137 N. Y. S. 705.

II. RIGHTS AND LIABILITIES OF
PARTIES AND PURCHASERS.

(C) Purchasers from Grantee in General.
$194 (N.Y.Sup.) Where a fraudulent convey-
ance could not be set aside, because the rights
of a third person had intervened, but a part of
the purchase price due from such third person
had not been paid to the fraudulent grantee, but
was held pending the outcome of the litigation,
it could be proceeded against in lieu and sub-
stitution of the property fraudulently transfer-
red.-Nugent v. Foley, 137 N. Y. S. 705.

III. REMEDIES OF CREDITORS AND

PURCHASERS.

(G) Evidence.

GAS.

§ 13 (N.Y.Sup.) Under Transportation Corporations Law, § 65, the right of entry on premises to disconnect a gas meter can only be exercised by the gas corporation, or its agents, when the person supplied with gas neglects or refuses to pay for the same.-Dobbs v. Northern Union Gas Co., 137 N. Y. S. 785. Where a gas meter rental was paid at least one hour before the gas company's agent entered on plaintiff's premises, and though plaintiff notified him of the fact of payment, and prohibited his entry on the premises, he entered, and shut off the gas, and locked the meter, and addressed her in a loud and insulting manner, a verdict of $50 was not exGIFTS.

cessive.-Id.

See Charities; Wills, §§ 461, 469, 471, 522, 524, 545, 554, 564, 614.

GOOD WILL.

§ 2 (N.Y.Sur.) Whether the customers of a they were constant or not, furnishes no critebusiness dealt for cash or not, and whether rion for a finding as to whether the business has a good will.-In re Welch, 137 N. Y. S. 941.

§7 (N.Y.Sur.) In estimating the value of the good will of decedent's business, abnormal profits in one of the last three years before his death should be disregarded. In re Welch, 137 N. Y. S. 941.

GRAND JURY.

See Criminal Law, §§ 42, 6272; Indictment and Information; Obstructing Justice, § 9. GRANTS.

GUARANTY.

§ 281 (N.Y.Sup.) The retention by a judg ment debtor of possession of property placed in the hands of a receiver for several months See Navigable Waters, § 37. after the debtor had delivered an alleged bill of sale therefor to his son, and up to the time the receiver took possession, would raise a presumption that the bill of sale was fraudulent, so as to make out a prima facie case of ownership by the receiver.-Sherry v. Janov, 137 N. Y. S. 792.

GAMING.

III. CRIMINAL RESPONSIBILITY.

See Accord and Satisfaction, § 25; Landlord and Tenant, § 231; Principal and Surety; Usury, § 18.

I. REQUISITES AND VALIDITY. § 5 (N.Y.Sup.) A guaranty of the payment of a debt void for usury is also void.-William H. Henry & Co. v. Fry, 137 N. Y. S. 894. (B) Prosecution and Punishment. II. CONSTRUCTION AND OPERATION. 887 (N.Y.Sup.) An information insufficiently § 36 (N.Y.Sup.) Under a contract guaranteecharges book-making, "with or without writing the payment of taxes by defendant, and ing," under Penal Law, § 986, as amended by providing that on his default plaintiff would be Laws 1910, c. 488, which alleges that defend-released from obligation to extend a certain ant privately made several bets orally and without writing, but that a memorandum of each of the bets was prepared by the opposite party and shown the defendant.-People ex rel. Shane v. Gittens, 137 N. Y. S. 670.

GARAGE.

See Judgment, § 563; Livery Stable Keepers.

mortgage, the defendant was liable for taxes paid by plaintiff; the provision for release of plaintiff's obligation not affecting defendant's liability.-Meade v. Liederman, 137 N. Y. S.

877.

GUARDIAN AND WARD.

See Executors and Administrators, § 484; Infants; Insane Persons, §§ 41, 42.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

II. APPOINTMENT, QUALIFICATION, | ing motor vehicles to have displayed a distincAND TENURE OF GUARDIAN.

See Bridges; Eminent Domain, §§ 85, 101, 167, dence offered by plaintiff to negative his alleged 174, 237, 240.

subd. 1, amended by Laws 1911, c. 491, requir- See Judgment, § 490.