§ 476. A codicil is to be treated as part of
the will, and the two construed together.-Wells
v. Fuchs (Mo.) 1137.

(D) Description of Property.
$560. A will bequeathing testator's real es-
tate to his wife and children held not to pass
a leasehold for 20 years.-Orchard v. Wright-
Dalton-Bell-Anchor Store Co. (Mo.) 486.

§ 587. A disposition of property not men-
tioned in a will held ineffectual as a residuary
clause to dispose of an undisposed of interest
of testator's real estate in remainder.-Walters
v. Neafus (Ky.) 167.

(H) Estates in Trust and Powers.

Creation, existence, and validity of trusts in
general, see Trusts, §§ 13-43.
Management and disposal of trust property in
general, see Trusts, § 236.

$687. Where a testator devised all of his
property to his wife in trust for the benefit of
herself and children, and the wife died without
having qualified as trustee, held that, on her
death, the trust estate ended and a legal dis-
tribution of the property in fee took place ac-
cording to the testator's children.-Clayton v.
Mallory (Ky.) 262.

(I) Actions to Construe Wills.

§ 698. A circuit court as a chancery court
has power to construe wills and determine
whether a testamentary trust is created.-Da-
vidson v. I. M. Davidson Real Estate & Invest-
ment Co. (Mo.) 1143.

VII. RIGHTS AND LIABILITIES OF
DEVISEES AND LEGATEES.

eral.

(A) Capacity and Qualifications in Gen-
§ 37. In an action against a carrier for in-
jury to bees shipped, testimony by plaintiff as to
how the bees were loaded held admissible, while
testimony of another as to whether they were
properly loaded was properly excluded.-San
Antonio & A. P. Ry. Co. v. Laws (Tex. Civ.
App.) 973.

$58. In an action by a husband for the
alienation of his wife's affections, the wife is a
competent witness for the husband, on the
ground of public policy.-Coy v. Humphreys (Mo.
App.) 877.

(C) Testimony of Parties or Persons In-
terested, for or against Representa-
tives, Survivors, or Successors in Ti-
tle or Interest of Persons Deceased
or Incompetent.

§ 150. In a proceeding to enforce a mechan-
ic's lien, evidence of a transaction between one
of the contractors and the owner, since dead,
held not incompetent under Civ. Code Prac. §

(D) Election.

§ 782. Under Rev. St. 1899, §§ 2948, 2949
(Ann. St. 1906, p. 1700), a husband having de-
vised all his real estate to his wife, and she hav-
ing made no election to repudiate the devise, she
was not entitled to dower in a leasehold for 20
years, of which the husband died intestate.-
Orchard v. Wright-Dalton-Bell-Anchor Store Co.
(Mo.) 486.

(H) Void, Lapsed, and Forfeited Devises
and Bequests, and Property and
Interests Undisposed of.

865. Testator not having disposed of a re-
maining one-half of his real estate after the
death of his widow, such interest passed as
intestate property.-Walters v. Neafus (Ky.)
167.

§ 866. Where testator died intestate as to
a remainder of one-half of his real estate, such

interest held distributable between testator's
surviving daughter and the heirs of testator's
deceased daughter in such a way as to equalize
their shares under Ky. St. § 1407 (Russell's
St. § 3822).-Walters v. Neafus (Ky.) 167.

WITHDRAWAL.

Of action, see Dismissal and Nonsult, § 43.
Of answers to cross-interrogatories, see Deposi-
tions, § 65.

Of instructions, see Trial, § 296.

took title to certain property as a devisee of
such owner.-Schnute Holtman Co. v. Sweeney
(Ky.) 180.

§ 154. Officers of a building and loan associa-
tion held competent witnesses for it as to a
transaction by which it made a loan to a woman,
through her husband, since deceased.-Spithover
v. Jefferson Building & Loan Ass'n (Mo.) 766.

§ 159. In an action for services rendered a
deceased person, held not error to allow plain-
tiff to state what property deceased's husband
had at the time he transferred it to deceased.
-McCoy's Adm'r v. McCoy (Ky.) 177.

(D) Confidential Relations and Privileged
Communications.

§ 199. In an action for services rendered a
deceased person, held not error to allow a wit-
ness, who had been deceased's attorney, to testi-
fy as to a conversation had by him with de-
ceased.-McCoy's Adm'r v. McCoy (Ky.) 177.

§ 219. In a personal injury action, plaintiff
by introducing one of his physicians to prove
the condition of his injuries waived the privilege
of the statute, both as to such physician and
as to plaintiff's other physician.-O'Brien v.
Western Implement Mfg. Co. (Mo. App.) 804.

III. EXAMINATION.

Of expert witnesses, see Evidence, § 553.
On taking depositions, see Depositions, § 65.
Review of rulings, see Appeal and Error, §
1048; Criminal Law, § 11702.

(A) Taking Testimony in General.

§ 240. A question which suggests to the wit-
ness the desired answer is leading.-El Paso
& S. W. R. Co. v. Welter (Tex. Civ. App.) 45.
§ 240. Question to a witness held objection-
able as leading.-St. Louis Southwestern Ry.
Co. of Texas v. Langston (Tex. Civ. App.) 334.
$241. A question asked a witness to ascer-
tain whether he is qualified to testify on an
issue of fact may be leading.-El Paso & S. W.
R. Co. v. Welter (Tex. Civ. App.) 45.

§ 248. Testimony of a witness as to a matter
as to which he was not asked should not be ad-
mitted.-Georgetown Water, Gas, Electric &
Power Co. v. Neale (Ky.) 293.

(B) Cross-Examination and Re-Examina-

tion.

§ 268. In a suit for loss by fire based on de-
fendant water company's failure to maintain
the contract pressure in its mains, held, that

its witnesses could be cross-examined as to all
that occurred at the fire in question, but that
the examination should be confined to what oc-
curred at such fire.-Georgetown Water, Gas,
Electric & Power Co. v. Neale (Ky.) 293.
$277. The cross-examination of accused testi-
fying in his own behalf may be employed as
a means to test the truth of the evidence given
in the direct examination.-State v. Keener
(Mo.) 747.

$277. Questions asked accused on cross-ex-
amination held not improper.-State v. Keener
(Mo.) 747.

§ 277. In a prosecution for theft, where de-
fendant sought to explain his possession of
three $5 bills by testimony that one S. gave
him four $5 bills, and he gave one of them back
a day or two before the alleged offense, it was
proper to allow the state to show by the wit-
ness that the money paid was won in a card
game.-Placker v. State (Tex. Cr. App.) 409.

§ 290. In a rape prosecution, a question by
the state on redirect examination of prosecut-
ing witness, which brought out other acts of
intercourse than that charged, held proper, in
view of the questions on cross-examination.-
Washington v. State (Tex. Cr. App.) 917.

(B) Character and Conduct of Witness.
$337. Other charges of theft involve moral
turpitude, and are admissible as affecting the
credibility of one accused of theft.-Damron v.
State (Tex. Cr. App.) 396.

§ 349. To discredit a witness for the state,
testifying that she had never been married and
was the mother of a child, it was inadmissible
to prove that her stepfather, who did not tes-
tify, was indicted for the crime of rape on her.
-Pollard v. State (Tex. Cr. App.) 390.

§ 352. The exclusion of certain testimony on
cross-examination of a witness for the state, to
discredit another witness for the state, held not
error.-Pollard v. State (Tex. Cr. App.) 390.

§ 359. Under Rev. St. 1899, § 4680 (Ann. St.
1906, p. 2549), certain testimony held inadmis-

§ 361. Where the veracity of the prosecutrix
has been attacked, the state may show that
her reputation for truth and veracity is good.
-Helton v. State (Tex. Cr. App.) 21.

(C) Interest and Bias of Witness.
§ 367. In a prosecution for malicious cutting
with intent to kill, evidence held admissible that
prosecuting witness had instituted a civil dam-
age action against accused for the cutting which
was still pending.-Oldham v. Commonwealth
(Ky.) 242.

$ 370. It will be competent, as showing bias
or prejudice, to prove threats against accused
by a witness for the state, if limited to such
end.-Pollard v. State (Tex. Cr. App.) 390.

$370. The refusal of a party to submit the
controversy to arbitration held not to justify
an inference of bias on his part.-Mortimore v.
Affleck (Tex. Civ. App.) 51.

(D) Inconsistent Statements by Witness.
§ 387. Where a witness admitted he had
changed his testimony from that on a former.
trial, he could be asked whether he had not
done so because the plaintiff was beaten on the
first trial.-Knights of Modern Maccabees v.
Gillis (Tex. Civ. App.) 338.

§ 394. Plaintiff's credibility in an action for
injuries held to have been attacked by defend-
ant, entitling plaintiff to introduce evidence of
plaintiff's reputation for truth and veracity,
honesty and fair dealing.-Houston Electric Co.
v. Faroux (Tex. Civ. App.) 922.

WOMEN.

Married women, see Husband and Wife.

WOODS AND FORESTS.

See Logs and Logging.

WORDS AND PHRASES.
"Accomplice."-Johnson V. State (Tex. Cr.
"Accordance with common law."-Kelly v. Union
App.) 16.
Pac. Ry. Co. (Mo. App.) 818.
"Add."-State ex rel. Rice v. Harrison (Mo.)
1115.

"Against her will."-State v. Peyton (Ark.) 416.
"Alleged."-State v. Sexton (Mo. App.) 519.
"Allowed."-Houston & T. C. R. Co. v. Haber-
lin (Tex. Civ. App.) 107.

"All valid liens."-Wender Blue Gem Coal Co.
"Appropriation."-Jobe v. Caldwell & Drake
v. Louisville Property Co. (Ky.) 732.
(Ark.) 423.
"Assigned."-Orchard

V.

Wright-Dalton-Bell-
Anchor Store Co. (Mo.) 486.
"Assumed risk."-Galveston, H. & S. A. Ry.
Co. v. Hanson (Tex. Civ. App.) 63.
"Bawdyhouse."-Riley v. State (Tex. Cr. App.)
"Burglary."-State v. Wilson (Mo.) 479.
"Calendar year."-Etna Ins. Co. v. Hawkins
(Tex.) 313.

582.

"Case."-Ozias v. Haley (Mo. App.) 556.
"Chattels personal."-Orchard v. Wright-Dal-
ton-Bell-Anchor Store Co. (Mo.) 486.
"Chattels real."-Orchard v. Wright-Dalton-Bell
Anchor Store Co. (Mo.) 486.
"Citizen."-Lemon's Adm'r v. Louisville & N.
R. Co. (Ky.) 701.

"Civil officer."-Veal v. State (Tex. Cr. App.)
919.

"Color of title."-Coquillard Wagon Works v.
Melton (Ky.) 291.

"Concubine."-Coy v. Humphreys (Mo. App.)
877.

-

836.

"Contract."-Arkansas Stave Co. v. State (Ark.)

1001.

"Contributory negligence."-Galveston, H. & S.
A. Ry. Co. v. Hanson (Tex. Civ. App.) 63.
"Coupled with an ability to commit."-Trimble
v. State (Tex. Cr. App.) 40.
"Credible person."-Jones v. State (Tex. Cr.
App.) 914.

"Damage."-Houston & T. C. R. Co. v. Powell
(Tex. Civ. App.) 330.

"Day during the term."-Davidson v. I. M.
Davidson Real Estate & Investment Co.
(Mo.) 1143.

"De facto corporation."-City of Salem ex rel.
Roney v. Young (Mo. App.) 857.

"De facto officer."-Coquillard Wagon Works v.
Melton (Ky.) 291.

"Doing business."-Wonner v. City of Carter-
ville (Mo. App.) 861.
"Dramshop keeper."-City of St. Louis v. Tiel-
kemeyer (Mo.) 1123.

"Druggist."-State v. Clinkenbeard (Mo. App.)

827.

"Election."-Ledgerwood v. Pitts (Tenn.) 1036.
"Election officer."-Commonwealth v. Goulet
(Ky.) 1083.

"Entered of record."-Orchard v. Wright-Dal-
ton-Bell-Anchor Store Co. (Mo.) 486.
"Execution."-Orchard v. Wright-Dalton-Bell-
Anchor Store Co. (Mo.) 486.

"Executive power." Richardson V. Young
(Tenn.) 664.

"Express contract."-W. A. Arthur Cotton Co.
v. Willis (Tex. Civ. App.) 584.
"Fellow servant."-McMurray v. St. Louis, I.
M. & S. Ry. Co. (Mo.) 751: Kelly v. Union
Pac. Ry. Co. (Mo. App.) 818.

"Final decree."-Williams v. Williams (Tex.
Civ. App.) 937.

"Final judgment."-Williams v. Williams (Tex.
Civ. App.) 937.
"Fornication."-Cannedy v. State (Tex. Cr.
App.) 31.
"Freehold."-Orchard

V.

Wright-Dalton-Bell-
Anchor Store Co. (Mo.) 486.
"Gambling house."-Walters v. State (Tex. Cr.
App.) 11.

"General law."-State v. Miksicek (Mo.) 507;
Houston Electric Co. v. Faroux (Tex. Civ.
App.) 922.

122.

"Gift inter vivos."-Lowe v. Hart (Ark.) 1030.
"Granted."-Orchard v. Wright-Dalton-Bell-An-
chor Store Co. (Mo.) 486.
"Guarantee."-Gay Oil Co. v. Roach (Ark.)
"Guaranty."-Gay Oil Co. v. Roach (Ark.) 122.
"Happen."-Richardson v. Young (Tenn.) 664.
"Hereditaments."-Orchard v. Wright-Dalton-
Bell-Anchor Store Co. (Mo.) 486.
"Holder."-Scotland County Nat. Bank v. Hohn
(Mo. App.) 539.

"Holder in due course."-Bank of Ozark v.
Hanks (Mo. App.) 221.
"Immediate."-Herke v. St. Louis & S. F. Ry.
Co. (Mo. App.) 822.
"Indorser."-Mechanics' & Farmers' Sav. Bank
v. Katterjohn (Ky.) 1071.

"Innuendo."-Harris v. Santa Fé Townsite Co.
(Tex. Civ. App.) 77.

(Tenn.) 664.

v. Young

"Lot."-City of Salem ex rel. Roney v. Young
(Mo. App.) 857.

"Marriage."-Coy v. Humphreys (Mo. App.) 877.
"Medical practitioner."-State v. Blumenthal
(Mo. App.) 1188.

"Minority party."-Richardson v. Young (Tenn.)
664.

"Misprision."-Gayheart v. Childers (Ky.) 1085.
"Negligent homicide."-Talbot v. State (Tex.
Cr. App.) 906.

"Negotiable instrument."-Mechanics' & Farm-
ers' Sav. Bank v. Katterjohn (Ky.) 1071.
"Nuisance per se."-Swaim v. Morris (Ark.) 432.
"Occur."-Richardson v. Young (Tenn.) 664.
"Ordinary care."-Texas & N. O. R. Co. v.
Walker (Tex. Civ. App.) 99.

"Penal statutes."-Cary v. Schmeltz (Mo. App.)
"Person."-Arkansas Stave Co. v. State (Ark.)

532.

1001.

"Personal freight."-Hurley v. Big Sandy & C.
Ry. Co. (Ky.) 302.

"Personal property."-Orchard v. Wright-Dal-
ton-Bell-Anchor Store Co. (Mo.) 486.
"Person having custody or control."-Common-
wealth v. Goulet (Ky.) 1083.
"Pharmacist."-State v. Clinkenbeard (Mo. App.)

827.

"Police character."-State v. Clancy (Mo.) 458.
"Practicing medicine."-State V. Blumenthal
(Mo. App.) 1188.

"Prevailing party."-Ozias v. Haley (Mo. App.)

556.

"Property."-Hahn v. Supreme Lodge of the
Pathfinder (Ky.) 259.

"Proprietor of drug store."-State v. Clinken-
beard (Mo. App.) 827.
"Proximate."-Herke v. St. Louis & S. F. Ry.
Co. (Mo. App.) 822.

"Public building."-Thurston v. State (Tex. Cr.
App.) 31.

"Public trust."-Holman v. Renaud (Mo. App.)
843.

"Quasi corporation."-In re Purl's Estate (Mo.
App.) 849.

"Railroad."-Rice & Lyon v. Lewis (Tex. Civ.
App.) 961.

"Rape."-State v. Peyton (Ark.) 416.
"Ravish."-State v. Peyton (Ark.) 416.
"Real estate."-Orchard v. Wright-Dalton-Bell-
Anchor Store Co. (Mo.) 486.
"Reasonable care."-Texas & N. O. R. Co. v.
Walker (Tex. Civ. App.) 99.
"Recover."-Ozias v. Haley (Mo. App.) 556.
"Refusal to take."-Dorrance & Co. v. Inter-
national & G. N. R. Co. (Tex.) 561.
"Remaining in a place."-Walters v. State
(Tex. Cr. App.) 11.

"Safe place to work."-Saversnick v. Schwarz-
schild & Sulzberger (Mo. App.) 1192.
"Special demurrer."-Gillen v. Illinois Cent. R.
Co. (Ky.) 1047.

"Special law."-State v. Miksicek (Mo.) 507.
"Statement of account."-Citizens' Bank of La-
redo v. Lowder (Mo. App.) 1180.
"Suffer a nonsuit."-Mason v. Kansas City Belt
Ry. Co. (Mo.) 1128.

"Surrendered."-Kessler v. Clayes (Mo. App.)

799.

"Interference with freedom to contract."-State
v. Miksicek (Mo.) 507.

"Judgment."-Orchard v. Wright-Dalton-Bell-
Anchor Store Co. (Mo.) 486.
"Judicial power."-Richardson v. Young (Tenn.)

664.

"Judicial sales."-Orchard V. Wright-Dalton-
Bell-Anchor Store Co. (Mo.) 486.

"Kept mistress."-Coy v. Humphreys (Mo. App.)
877.

"Land."-Orchard V. Wright-Dalton-Bell-An-