페이지 이미지

her death, to her children, and her child died
before the daughter, it acquired no interest in
the land which would descend to its father.-
Wilson v. Denig (Pa.) 1025.

Will construed, and held, that the codicil
thereto merely increased the amount of the leg-
acy, without affecting the nature of the estate.
-Fife v. Miller (Pa.) 1015.

Construction of will leaving property to tes-
tator's son provided he perform certain stipula-
tions in favor of another son.-Hurd v. Shel-
ton (Conn.) 766.

Construction of will giving property to wife
and daughter, the wife to have the whole if the
daughter dies before 18 years old, and author-
izing the wife to sell, and divide the proceeds.-
Semmig v. Mirrihew (Vt.) 691.

Construction of will, and power of executors
to sell land thereunder determined.-Pennsyl-
vania Co. for Insurances on Lives & Granting
Annuities v. Leggate (Pa.) 946.

Where land is devised to trustees to pay the
income to testator's daughter, and, after her
death, on trust for her children, absolutely, the
trust is extinguished at her death, though one
of the children is a minor.-Felgner v. Hooper
(Md.) 911; Hooper v. Felgner, Id.

Question whether a power in a will, given
the executors, to sell certain land, included ad-
joining land, which was fenced off from it.-
Kilburn v. Dodd (N. J. Ch.) 868.

Will construed, and held that a son of testa-
tor, dying, without issue, before he came into
actual possession of any part of his father's es-
tate, took a vested interest therein which pass-
ed by his will.-Cook v. McDowell (N. J. Ch.)


Construction of will, two items of which, if
taken literally, were inconsistent.-Hart v. Stoy-
er (Pa.) 497.

Meaning of the word "family" in a will em-
powering a trustee to maintain testator's son or
his family.-Smith v. Greeley (N. H.) 413.

Power of trustee, who is authorized to sell
trust property if necessary for the support of
the beneficiary, to sell it in order to reimburse
himself for money advanced by him, and to pay
persons who furnished necessaries.-Smith v.
Greeley (N. H.) 413.

Interpretation of will is for the court.-Tozer
v. Jackson (Pa.) 400.

Under a will devising land to a son, and pro-
viding that on his death his widow is to be
maintained out of the products of the land, she
has no title in the land.-Walker v. Gibson
(Pa.) 399.

Construction of will devising property to tes
tator's son, or, in case of his decease, to his chil-
dren, or, in case of his death without children
or lineal descendant, to a certain charity, both
son and grandchildren dying before the ending
of the life estate in the property.-Van Giesen
v. White (N. J. Ch.) 331.

Construction of will leaving a life interest in
certain property to testatrix's husband with re-
mainder to their children, and providing that
"if any one owes us anything, take it out of
their share."-In re Roberts' Estate (Pa.) 213.
Devise construed, and held that the legatee
took only a life estate.-Anderson v. Anderson
(Pa.) 304.

Devise in will construed, and held to be a de-
vise of a life estate only, and not an estate in
tail.-Shalters v. Ladd (Pa.) 283.

A gift to charity construed, and held not con-
ditional on its amounting to a fixed sum at the
time of taking effect, but that the trustees must
hold the fund until it amounts to the required
sum before undertaking the charity. In re
Stevens' Estate (Pa.) 243.

Will construed, and held that the grandchildren
living at the death of testator took vested in-
terests subject to let in their after-born broth-
ers and sisters, and payable when the class of
takers shall be determined, and each reaches 21
years.-Haggerty v. Hockenberry (N. J. Ch.) 88.
Construction of devise to children, providing
that, if any of them die leaving heirs, the heirs
should receive the same proportion as the par-
ent, it being contended that it applied only to
the death of a child before testator's death.-
Dawson v. Schaefer (N. J. Ch.) 91.

When legacies a charge on estate.

Insufficiency of will to charge land with the
payment of legacies, though testator left no per-
sonalty for such payment.-McGough v. Hughes
(R. I.) 851.

Rights of devisees and legatees.

to her daughter's share in the estate upon the
Question whether a widow waived her right
death of the latter, as provided by the will, by
a voluntary payment of the proceeds of such
half to the daughter's guardian. - Semmig v.
Mirrihew (Vt.) 691.

ment of a legacy, it is demandable one year
When no time is fixed in the will for the pay-
after testator's death.-Ashton v. Wilkinson (N.
J. Ch.) 895.

payment of the legacy is demandable.—Ashton
Interest on a legacy commences to run when
v. Wilkinson (N. J. Ch.) 895.

a contingency, it is demandable when the con-
If a legacy be payable after the happening of
tingency happens, if this is a year after testa-
tor's death.-Ashton v. Wilkinson (N. J. Ch.)

testator's real property, and divide the pro-
Under a will directing the executor to sell
ceeds in a certain manner, the heirs alone are
entitled to the rents and profits until the power
is exercised.-Spruance v. Darlington (Del. Ch.)

A bequest to a minor legatee can be legally
paid only to his properly accredited guardian,
and not to his parent.-Spruance v. Darlington
(Del. Ch.) 663.

Question whether a devisee who was to come
into full possession of the property at a certain
age had power previous to attaining that age
to will it.-Harrison v. Moore (Conn.) 55.

Where a will provides that advancements to
the legatees should be deducted, the income of
the estate during distribution should be divided
in proportion to the shares after deduction of the
advancements. Appeal of Blackstone (Conn.)


Computation of interest coming to life tenant
under a devise of perishing property which pays
fluctuating dividends for an uncertain period of
time.-Helme v. Strater (N. J. Ch.) 333.

Under a bequest to pay so much of the in-
come of the trust fund as is sufficient to main-
tain testator's grandchild until he reaches 25,
and thereafter the entire income, such grand-
son is not entitled to demand the whole income
from the death of testator.-In re White's Es-
tate (Pa.) 194; Appeal of Buckley, Id.


See, also, "Evidence."

Witnesses who have testified as to the cor-
rectness of a map may be cross-examined as to
certain points and distances on it. - Derk v.
Northern Cent. Ry. Co. (Pa.) 231.

The surviving party in an action either of tort
or contract is incompetent to testify.-Irwin v.
Nolde (Pa.) 246.

Testimony of a witness on a former trial is
admissible to affect his credibility. - Lohr v.
Borough of Philipsburg (Pa.) 822.

The offer, under Act June 11, 1891, of evi- | Credibility.
dence of a witness on the part of the surviv-
ing party to a contract in suit, must show the
existence of the exceptional conditions con-
tained in said act.-Krumrine v. Grenoble (Pa.)

A wife is competent in support of claim by
her against her husband's estate in insolvency.
-Purdy v. Purdy's Estate (Vt.) 695.

Act June 11, 1891, qualifies a surviving party
to testify only as to conversations or events,
and not as to the existence of mere physical
facts, such as the manner in which a room was
furnished.-Thomas v. Miller (Pa.) 928.

One of the parties may testify to things occur-
ring after the death of the person under whom
the other parties claim, and in the presence of
other living and competent persons.-Irvin v.
Patchin (Pa.) 436.

Plaintiff in interpleader, on death of defend-
ant in interpleader, is incompetent to testify.-
Smith v. Rishel (Pa.) 239.

Right of defendant in execution to testify on
an issue between the plaintiff and an inter-
vener claiming to have purchased the property
levied on.-Smith v. Rishel (Pa.) 239.

Where a legacy attached is claimed under an
assignment which is attacked on the death of
the attaching creditor, the debtors and claimant
are competent witnesses as to the assignment.-
In re Kuhns' Estate (Pa.) 215.

An attorney for contestants of a will can tes-
tify that a third person was also a party to the
contest, and entitled to a part of the proceeds
resulting therefrom.-In re Seip's Estate (Pa.)
226; Appeal of Probst, Id.

It may be shown that a witness was con-
victed of drunkenness, and confined in jail.-
McLaughlin v. Mencke (Md.) 603.

A witness may be asked if he has been con-
victed of crime, without introducing the rec-
ord evidence thereof.-McLaughlin v. Mencke
(Md.) 603.

Where complainant in a suit to set aside a
judicial sale for fraud confesses that he was a
participant in the fraud, his evidence will not be
credited unless corroborated in substantial
points.-Kenny v. Lembeck (N. J. Ch.) 525.


See. also, "Attachment"; "Certiorari"; Execu-
tion"; "Garnishment"; "Injunction"; "Man-
damus"; "Prohibition, Writ of"; "Quo War-
ranto"; "Replevin.'

Under Act April 4, 1873, as amended by Act
June 20, 1883, an attachment execution may be
served on a foreign insurance company, as gar-
nishee, by service on the agent specified by the
company, though the agent has no office in the
county where the writ issued.-Kennedy v. Ag-
ricultural Ins. Co. of Watertown (Pa.) 724.

A service on an agent of a foreign corpora-
tion is insufficient when his connection with the
company had ceased before suit brought.-Se-
curity Ins. Co. of New Haven v. Haas (N. J.
Sup.) 430.

« 이전계속 »