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$ 24 (N.Y.Sur.) The most favored nation ( under the power conferred by the will.-Hart
clause in the treaty of 1878 with Italy (article v. Shurtleff, 137 N. Y. S. 249.
17) gives an Italian consul the right to admin A will devising real estate to a beneficiary
ister the estate of an Italian citizen dying in- for life, with gift over to her descendants, and
testate in the United States; this right being empowering the executor to sell the property
given consuls of Paraguay and Sweden by the and hold the avails in place of the real estate,
treaty with Paraguay of 1859 and the conven- and appointing a son of testatrix executor,
tion with Sweden.-In re Baglieri's Estate, 137 confers on the executor a power of sale, which
N, Y. S. 175.

is purely personal.--Id.
$ 24 (N.Y.Sur.) The most favored nation
clause of the treaty of 1870 with Austria-Hun-

V. ALLOWANCES TO SURVIVING gary (article 15) gives a consul of that nation

WIFE, HUSBAND, OR the right to administer on the estate of a sub

CHILDREN. ject thereof dying intestate in the United $ 176 (N.Y.Sur.) Under Real Property Law, States.-In re Jarema's Estate, 137 N. Y. S. $ 204, a widow is entitled to reimbursement of 176,

sums expended by her for reasonable support 8 32 (N.Y.Sup.) Affidavit on information and and maintenance during her quarantine.-In re belief, in support of a petition under Code Civ. Brown's Estate, 137 N. Y. S. 978. Proc. § 2686, for the revocation of letters testamentary, is insufficient.-In re Owsley, 137 | VI. ALLOWANCE AND PAYMENT OF N. Y. S. 1040.

CLAIMS. Affidavits by persons now deceased on former application for the same purpose held

(A) Liabilities of Estate. not to constitute sufficient proof of the allega $ 213 (N.Y.Sur.) Where land owned by the tions of a petition for revocation of letters widow and executrix of decedent was used for testamentary, under Code Civ. Proc. § 2686. pasture in connection with his farm for 16 -Id.

years, she is entitled to recover only for the 6. Proof in support of a petition for a revoca- years preceding his death.-In re Brown's Estion of letters testamentary, under Code Civ. tate, 137 N. Y. S. 978. Proc, & 2686, must be competent legal proof

Claims of an executrix against the estate of of the same quality which would be required the testator, which matured more than six years upon a hearing of the issues raised by the pe- before his death, and on which no action was tition.-Id.

commenced within that period, are barred by A surrogate held to be without jurisdiction limitations.-Id. to issue citation in a proceeding under Code 8 221 (N.Y.Sup.) In an action against execu. Civ. Proc. $ 2686, for the revocation of letters tors for services rendered a decedent, evidence testamentary, where the petition is not sup- held insufficient to show either an express ported by sufficient legal proof.-Id.

promise or facts from which a promise to $ 32 (N.Y.Sup.) Objections to the sufficien- pay for services rendered could be inferred.cy of a petition for the revocation of letters MeDermott v. Coolan, 137 N. Y. S. 1105. testamentary may be taken by answer to the 8 221 (N.Y.Sur.). Where a claim against & petition.-In re Kelly, 137 N. Y. S. 1099. decedent's estate is rejected, and claimant put

to his proof, no different evidence is required IV. COLLECTION AND MANAGEMENT than in other proceedings on a like debt; so OF ESTATE.

that production of a note purporting to have

been signed by decedent and proof of consid(A) In General.

eration is prima facie enough, putting on the $ 93 (N.Y.Sur.) Where a will contains no executrix the burden as to her plea of forgery. provision authorizing the executors to continue -In re Mara, 137 N. Y. S. 151. the brick-manufacturing business of testator, $ 221 (N.Y.Sur.) That bonds and mortgages the executor had no such authority, though the running to an executrix and paid by checks of property was such that it could be used to bet, the mortgagors were indorsed first by the execter advantage in that way.-In re Archer, 137 utrix, then by the decedent, and on their face N. Y. S. 770.

bore the paid stamp of the bank, does not es. $ 109 (N.Y.Sur.) A widow, as administratrix tablish that decedent became obligated to the of her husband's estate, held entitled to reim- claimant to the amount of the checks.--In re bursement for the support of a minor child Brown's Estate, 137 N. Y. S. 978. pending administration.-In re Lyons' Estate, Where indorsements of both executrix and de137 N. Y. S. 171.

cedent on checks by mortgagor for payments to $ 109 (N.Y.Sur.) Executors held entitled to her were in his handwriting and bore the bank's broker's commission of 242 per cent. on ap- paid stamp, her claim for their amount will be praised value of real estate after deducting allowed against the estate.-Id. commission on sale on which no commission was paid.--In re Saunders' Estate, 137 N. Y. VII. DISTRIBUTION OF ESTATE. S. 438,

8 298 (N.Y.Sup.) Will bequeathing life es(B) Real Property and Interests Therein, in view of its scheme and the surrounding çir

tate in income of a fund construed, and held, $ 138 (N.Y.Sup.) A will construed, and held cumstances, to entitle life tenant to possession to pass real estate to beneficiary for life, with of the fund without security, though it did not remainder over to descendants in fee, subject expressly provide therefor.-In re Rowland, to being devested by a sale by the executor | 137 N. Y. S. 1010.

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

administration, she was only required to file a (C) Sale.

voucher therefor from herself individually to

herself as administratrix.-In re Lyons' Estate, $ 379 (N.Y.Sur.) After sale of decedent's es- 137 N. Y. S. 171. tate to pay debts, the surrogate has no jurisdiction of a motion by the purchaser to be

$ 513 (N.Y.Sup.) Where no appeal was taken relieved from the purchase on refusal of the from a decree of the Surrogate's Court, render

ed on the settlement of an execator's account, administrator

convey.-In re Bridgeport Brass Co., 137 N. Y. S. 418.


which denied the demand of the consul general

of a foreign country that money given by will XI. ACCOUNTING AND SETTLEMENT. to minors, citizens and residents of the foreign

country, should be paid over to him, the consul (A) Daty to Account.

gerreral could not thereafter maintain an ex $ 454 (N.Y.Sur.) Where judgment is recov- parte motion to the surrogate for an order for ered against executors in the Supreme Court, the payment of such moneys to him.-De Nuber a proceeding before the surrogate for leave v. Millard, 137 N. Y. S. 731. 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
petition and the issue of a citation or order to See Constitutional Law, $ 229; Taxation, &

show cause, served on each of the executors.-
McGinn v. Lighthouse, 137 N. Y. S. 110.

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

Trusts, $ 274, thereon.--Id.

(C) Charges and Credits.

See Evidence, 88 554–573.
8 484 (N.Y.Sur.) An administratrix, entitled
to reimbursement for the care of a minor child

pending administration, held entitled to a rea-
sonable 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 anti FALSE IMPRISONMENT.
tled on accounting to an allowance for moneys
paid to expert witnesses in an attempt to sus-

tain their prior excessive payments to counsel.
-In re Rowland, 137 N. Y. S. 1010.

(A) Acts Constitutins False Imprisonment

and Linbility Therefor. (b) Compensation.

$ 15 (N.Y.Sup.) Where plaintiff, charged with $ 497 (N.Y.Sur.) An executor, who, without embezzlement by cablegram requesting that he authority, continues the business of his testa- be held for extradition, was released by a tor, does not render service entitling him to magistrate on the ground that the cablegram compensation independent of his statutory com was insufficient to justify issuing a warrant, missions.-In re Archer, 137 N. Y. S. 770. his rearrest by the defendant rendered him lia

The acceptance by the beneficiaries under a ble for false imprisonment, although he did it
will from time to time of the net profits of the under the direction of the district attorney.--
testator's business, carried on without author- Hawkins v. Kuhne, 137 N. Y. S. 1090.
ity by the executor, does not imply an agree-
ment by them to pay the executor for the serv-

ices rendered.-Id.
Services rendered by executors in renting, col-

$ 4 (N.Y.Gen.Sess.) A conviction under Penal lecting rents of, and superintending real prop- Law,, $ 947, held not authorized, where it was erty, so far as they are given in accordance with not the intent of complaining witness to sell the will, do not entitle" the executors to extra the goods to defendant, but to defendant's princompensation.-Id.

cipal.-People v. Feinman, 137 N. Y. S. 933. $ 498 (N.Y.Sur.) Where a will directed con

An indictment for larceny at common law, by version of real estate into personalty, and the procuring a sale to defendant's principal' by personal estate is valued at $586,000 and the false representations, is not demurrable; it not real estate at $487,000, each executor is enti- being necessary, that title was intended' to pass tled to full compensation.-In re Saunders' Es- to defendant.-Id. tate, 137 N. Y. S. 438.

$26 (N.Y.CO.Ct.) Denials in an indictment

of the truth of a writing used by defendants in (E) Stating, Settling, Opening, and Re- obtaining property held sufficient.-- People v. view.

Elite Distributing Co., 137 N. Y. S. 235. $ 503 (N.Y.Sur.) Where a widow, as admin $ 29 (N.Y.CO.Ct.) Where an indictment for istratrix, claimed the right to charge for the l obtaining money by the use of a false writing

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER


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set forth the writing in full, the fact that it

FORFEITURES. 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. ant, 297; Life Estates, & 25; Usury, $ 146. 235. § 31 (N.Y.CO.Ct.) An allegation in an indict

FORGERY. ment that by color and aid of a false writing property was feloniously taken is the equivalent See Deeds, $ 207; Elections, $ 155; Vendor and of an allegation of reliance upon the writing.-

Purchaser, $ 232.
People v. Elite Distributing Co., 137 N. Y. S.


See Criminal Law, $ 200.
See Wills, $ 697.


See Taxation, $ 376. See Attorney and Client, $$ 144–192; Clerks

of Courts, 88 12, 17, 18, 22, 24; Counties, $8 69-78; Sheriffs and Constables.


See Attorney and Client, $8 40, 44; Contracts, FEE SIMPLE.

8 288; Corporations, $ 610; Elections, si See Wills, 8 601.

143, 155 ; False Pretenses; Frauds, Statute

of; Fraudulent Conveyances; Judgment, $ FELLOW SERVANTS. 167; Landlord and Tenant, & 231; Libel and


Slander, $ 15; Limitation of Actions, $ 39. See Master and Servant, 88 162-176, 217.



THEREFOR. See Clerks of Courts, 8 17; Executors and Ad

$ !! (N.Y.Sup.) Representations by plaintiff's ministrators, § 503.

uncles, with whom he lived and upon whom

he relied as to the value of his interest in his FINDINGS,

grandfather's estate, held a representation as to

a fact, and not a me See Reference, $ 99.

expression of opinion

Murphy v. Murphy, 137 N. Y. S. 872.

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



§ 106 (N.Y.Sup.) To constitute a contract, SI (N.Y.Sup.) The state can prevent sale of there must be parties, consideration, and suboleomargarine as buttter, but not as oleomar-ject-matter, neither of which can be supplied garine.- People v. Guiton, 137 N. Y. S. 600.

by oral evidence in a contract for the sale of Agricultural Law, $ 38, which prohibits manu- real estate under seal.--Baker v. Kilburn, 137 facture of oleomargarine in imitation or resem. N. Y. S. 512. blance of natural butter, is a valid police regula

$ 115 (N.Y.Sup.) Under the statute of frauds, tion.-Id.

an order for goods, which was taken by the $8 (N.Y.Sup.) Agricultural Law, $ 38, which seller's agent, but not signed by the buyer, was prohibits manufacture of oleomargarine in imi- not binding upon the buyer.—Levitt v. Sliman, tation or resemblance of natural butter, pro- 137 N. Y. S. 904. hibits a manufacturer from selecting ingredients in such manner as to designedly make bis

prod. frauds, a contract under seal for the sale and

$ 116 (N.Y.Sup.) Under the statute of 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 an.

other who is the owner of the land, and he
FORCIBLE DEFILEMENT. cannot enforce it.--Baker V. Kilburn, 137 N.

Y, S. 512.
See Rape.


STATUTE. See Corporations, 88 650, 685; Mandamus, & f 127 (N.Y.CO.Ct.) An oral contract to make 125.

mutual wills between brother and sister held FOREIGN DIVORCE.

void under the statute of frauds after the sis.

ter's will had been revoked by her subsequent. See Divorce, § 332.

marriage.--Near v. Shaw, 137 N. Y. S. 77. FOREIGN JUDGMENTS.

FRAUDULENT CONVEYANCES. See Appeal, g 1180; Judgment, $ 946.

See Judgment, $ 631; Torts.

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§ 13 (N.Y.Sup.) Under Transportation Cor(E) Consideration.

porations Law, $ 65, the right of entry on $ 80 (N.Y.Sup.) A conveyance of all a per- premises to disconnect a gas meter can only son's property, real and personal, in consider- be exercised by the gas corporation, or its ation of the transferee's agreement to maintain agents, when the person supplied with gas and support the transferror during his lifetime, neglects or refuses to pay for the same.-Dobbs pay his funeral expenses, and also pay a few v. Northern Union Gas Co., 137 N. Y. S. 785. small store bills, is void as against existing

Where a gas meter rental was paid at least creditors of the transferror.-Nugent v. Foley, one hour before the gas company's agent en137 N. Y. S. 705.

tered on plaintiff's premises, and though plain

tiff notified him of the fact of payment, and (J) Knowledge and Intent of Grantee. prohibited his entry on the premises, he en$ 168 (N.Y.Sup.) A transfer by a debtor of tered, and shut off the gas, and locked the all his property, real and personal, in trust for ing manner, a verdict of $50 was not ex

meter, and addressed her in a loud and insulthis benefit during life and after his death for

cessive.-Id. the payment of debts, is conclusive evidence of fraud as to existing creditors, and the inno

GIFTS. cence of any fraudulent intent on the part of See Charities; Wills, $$ 461, 469, 471, 522, transferee will not protect his title.-Nugent v. Foley, 137 N. Y. S. 705.

524, 545, 554, 564, 614. II. RIGHTS AND LIABILITIES OF


$ 2 (N.Y.Sur.) Whether the customers of a

business dealt for cash or not, and whether (C) Purchasers from Grantee in General.

they were constant or not, furnishes no crite$ 194 (N.Y.Sup.) Where a fraudulent convey- rion for a finding as to whether the business ance could not be set aside, because the rights has a good will.-In re Welch, 137 N. Y. S. of a third person had intervened, but a part of 941. the purebase price due from such third person 87 (N.Y.Sur.) In estimating the value of the had not been paid to the fraudulent grantee, but good will of decedent's business, abnormal profwas held pending the outcome of the litigation, its in one of the last three years before his it could be proceeded against in lieu and sub-death should be disregarded.-In re Welch, 137 stitution of the property fraudulently transfer- N. Y. S. 941. red.-Nugent v. Foley, 137 N. Y. S. 705.

GRAND JURY. III. REMEDIES OF CREDITORS AND | See Criminal Law, $$ 42, 6271; Indictment PURCHASERS.

and Information; Obstructing Justice, $ 9. (G) Evidence. $ 281 (N.Y.Sup.) The retention by a judg.

GRANTS. ment debtor of possession of property placed in the hands of a receiver for several months See Navigable Waters, 8 37. after the debtor bad delivered an alleged bill of

GUARANTY. sale therefor to his son, and up to the time the receiver took possession, would raise a pre- See Accord and Satisfaction, $ 25; Landlord sumption that the bill of sale was fraudulent,

and Tenant, § 231; Principal and Surety; so as to make out a prima facie case of own- Usury, $ 18. ership by the receiver.-Sherry v. Janov, 137 N. Y. S. 792.


$5 (N.Y.Sup.) A guaranty of the payment

of a debt void for usury is also void.- William III. CRIMINAL RESPONSIBILITY.

H. Henry & Co. v. Fry, 137 N. Y, S. 894. (B) Prosecution and Panishment. II. CONSTRUCTION AND OPERATION. $ 87 (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 with mortgage, the defendant was liable for taxes out writing, but that a memorandum of each paid by plaintiff; the provision for release of of the bets was prepared by the opposite party plaintiff's obligation not affecting defendant's and shown the defendant.-People ex rel. Shane | liability.-Meade v. Liederman, 137 N. Y. S. V. Gittens, 137 N. Y, S. 670.



See Executors and Administrators, $ 484; InSee Judgment, $ 563; Livery Stable Keepers. fants; Insane Persons, $8 41, 42.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER


II. APPOINTMENT, QUALIFICATION, | ing motor vehicles to have displayed a distinc

AND TENURE OF GUARDIAN. tive number corresponding to a certificate of 8 11 (N. Y. Sur.) Letters of testamentary

registration, held a proper exercise of police guardianship issued to testator's brother and power to promote public safety.-People P. sister will not be revoked, and granted to her Schoepflin, 137 N. Y. S. 675. maternal grandmother, where it is not shown

§ 186 (N.Y.Co.Ot.) Proof of a specific crimthat she is not properly cared for.-In re Pearce, inal intent to violate Highway Law, $ 283,

i 137 N. Y. S. 755.

subd. 1, amended by Laws 1911, c. 491, relat

ing to the display of a distinctive number on GUARDS.

motor vehicles, held not necessary to support a

conviction.-People v. Schoepflin, 137 N. Y. S. See Master and Servant, $ 121.



See Evidence, s 377.

HUSBAND AND WIFE. § 38 (N.Y.Sup.) Independently of Domestic Relations Law, $ 70, which relates only to See Action, $ 11; Divorce; Executors and Adpetition of husband or wife, "an inhabitant of

ministrators, 8$ 109, 176; Habeas Corpus ; this state," living in a state of sepa ration

Judgment, $8_590, 614; 'Perpetuities, § 4; “without being divorced," for custody of minor

Sales, $ 38; Trusts, $ 13. children, the Supreme Court, under its equity

I. MUTUAL RIGHTS, DUTIES, AND powers, may award such custody on petition of

LIABILITIES. a nonresident, divorced from the mother of the children.-Ex parte Stewart, 137 N. Y. S. $19 (N.Y.Sup.) A husband baring refused to 202.

pay money ordered for his wife's support, her

attorney could not provide her with necessaries II. JURISDICTION, PROCEEDINGS, at the husband's expense. Turner v. Wool 14 3 AND RELIEF.

worth, 137 N. Y. S. 1071. 8 99 (N.Y.Sup.) A nonresident' father held not $ 25 (N.Y.Sup.) In an action for the price of entitled on the facts, to recover the custody of perfume ordered by defendant's husband and certain of his children from his divorced wife. delivered to ber store, where she dealt only in -Ex parte Stewart, 137 N. Y. S. 657.

cigars, candies, and stationery, and immediate

ly returned by her unopened, finding that the HANDWRITING.

busband was the wife's agent held not justified

by the evidence.-National Perfume Co. y. JaSee Evidence, $ 573.

cobson, 137 N. Y. S. 856. HARMLESS ERROR.


See Appeal, 88 1064-1074.


8 48 (N.Y.Sup.) Evidence held insufficient to

warrant a finding that a husband, on receiving See Food.

a conveyance of certain land from his wife,

agreed to reconvey the land in case she reII. REGULATIONS AND OFFENSES.

covered from a surgical operation.--Siebrecht $ 28 (N.Y.Sup.) That lefendant had installed v. Siebrecht, 137 N. Y. S. 15. a good system for taking care of odors, and that as soon as he learned of a defect in his VIII. SEPARATION AND SEPARATE system he caused it to be repaired, held not a

MAINTENANCE. defense to an action under Sanitary Code, s

$ 283 (N.Y.Sup.) A wife, suing for separa85, prohibiting the escape into the outside air tion on the ground of cruelty and abandonment, of 'offensive odors arising from the handling of is entitled to temporary alimony and a counmeat, etc.-Department of Health of City of sel fee, where the husband admits the abandonNew York v. Sulzberger & Sons Co., 137 N. Y. ment, 'and the principal issue to be tried is S. 998.

whether she was the common-law wife of anHEAT.

other when or before she married defendant

Unger v. Unger, 137 N. Y. S. 730. See Landlord and Tenant, $ 152.

8 297 (N.Y.Sup.) In the trial of defendant's HIGHWAYS.

counterclaim for separation, after denial of di

vorce to plaintiff, it was error to exclude evi. See Bridges; Eminent Domain, $8 85, 101, 167, dence offered by plaintiff to negative bis alleged 174, 237, 240.

abandonment.-Barila v. Barila, 137 N, Y. S.


ICE. TRAVEL. (B) Use of Highway and Law of the

See Landlord and Tepant, & 169. Road. $ 166 (N.Y.CO.Ct.) Highway Law, $ 283,

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


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