1. Buchanan v. Exchange F. Ins. Co., 61 N. Y. 29; Bennett v. North British, etc., Ins. Co., 81 N. Y. 275; Morse v. Buffalo F. & M. Ins. Co., 30 Wis. 534.

If a policy of insurance forbids the keeping of gasoline or benzine on the premises, authority to use gasoline gas does not warrant keeping either fluid there for any other purpose than for the manufacture of gas. Liverpool, etc., Ins. Co. v. Gunther, 116 U. S. 113.

When the written part of the policy included "drugs," and "such other merchandise as is usually kept in a country store," and the printed part excepted benzine, without written permission, etc., it was held that it should have been submitted to the jury whether benzine came within the written description of the property insured. Carrigan v. Lycoming F. Ins. Co., 53 Vt. 418.

2. Dow v. Dow, 36 Me. 216; Laing v. Barbour, 119 Mass. 525; Lasher v. Lasher, 13 Barb. (N. Y.) 109; Ladd v. Harvey, 21 N. H. 528; Vining v. Willis, 40 Kan. 619; Barry v. Barry, 15 Kan. 590; Thompson v. Gant, 14 Lea (Tenn.) 310; Evans v. Price, 118 Ill. 599; O'Toole v. Browne, 3 El. & Bl. 584, 77 E. C. L. 584; Whicker v. Hume, 14 Beav. 518; Gyett v. Williams, 2 J. & H. 436; Doe v. Tofield, 11 East 246. See also Fetrow's Estate, 58 Pa. St. 428.

So of "bequeathment." Den v. Blackwell, 15 N. J. L. 389.

Although the word "devise" is more specially appropriated to a gift of lands, yet the terms bequest and "devise" are used indifferently, and legatees may take under a devise of lands if the context of the will shows that such was the testator's intention. Ladd v. Harvey, 21 N. H. 515.

In Laing v. Barbour, 119 Mass. 525, the court said: "Nor would the use of the word bequeathed, in describing the property which came to her from her brother, instead of the words 'devised and bequeathed,' show an in

tention to confine the operation of the will to personal property only, especially when used in connection with the subsequent clause. Doe v. Lainchbury, 11 East 290; Doe v. Morgan, 6 B. & C. 512, 13 E. C. L. 239; Edwards v. Barnes, 2 Bing. N. Cas. 252, 29 E. C. L. 324; Hunt v. Hunt, 4 Gray (Mass.) 193." Bequeath, enlarged by the context, means devise. Shumate v. Bailey, 110 Mo. 415.

Whether the word bequeath means the same as devise, when used in a will, is to be deter. mined by the connection in which it is found. Dow v. Dow, 36 Me. 211.

"Chattels are bequeathed to a legatee, and real estate is devised to a devisee; yet, according to Webster's Dictionary, the verbs bequeath and 'devise' are synonyms." Chandler's Appeal, 34 Wis. 512.

Ambiguous Will.-Where the subject-matter of a gift is ambiguously expressed, the words bequeath and "devise" are sometimes of value in determining whether it is personalty or realty. Thus, where the testator gave, devised, and bequeathed everything to A for life, and after her death gave, devised, and bequeathed the whole of his effects which might be then remaining to B, it was held that the realty passed. Phillips v. Beal, 25 Beav. 25; Camfield v. Gilbert, 3 East 516.

And, on the other hand, where the testator "gave, bequeathed, and disposed of" all his residuary estate, effects, and property-words large enough to comprise realty-yet it was held that the realty did not pass; and in arriving at this conclusion the court strongly relied on the absence of the word "devise." Coard v. Holderness, 20 Beav. 147.

Distinctly Applied to Real Estate.-The word bequeath will carry real estate if distinctly applied to it. Whicker v. Hume, 14 Beav.

518.

Same-Fee. So, where the words of the will were "give and bequeath," it was held that the beneficiary took a fee simple. The court said: Volume IV.