4. If a suit has been carried on for the
use of an assignee, the nominal plain-
tiff being insolvent, the court will
permit the defendant after verdict, to
suggest upon the docket the name
of the assignee, and will rule him to
pay the costs. Canby v. Ridgway. 496
5. In an action of debt discontinued after
the first court upon the defendant's
agreeing to pay costs, the plaintiff's
attorney is entitled to the fee due in
actions ended after the first court and
before judgment, notwithstanding the
5th section of the act of March 21,
1806. Delaware Insurance Company
v. Gilpin.
501.

1. A testator devises to his wife during
her widowhood, the front room in his
farm house, a cellar, and the common
use of the kitchen, oven and draw-
well. He also gives her, in considera-
tion of her schooling and educating
the children, the profits of his farm
until his sons come of age to possess
it. He then orders his farm to be di-
vided into two parts, one of which he
gives to one son, reserving a privi-
lege of water for the other part,
which he gives to another son, upon
their respectively coming of age, and
orders the son who takes a certain

part, to keep a horse and cow for his
mother, and to cut and lay firewood
at her door during her widowhood.
Held that the devises are not in bar
of dower in the farm. Webb v. Evans.
565

2. A. devises all his real estate to his son
B. and his heirs lawfully begotten; and
in case of his death without such
issue, he orders C. his executors and
administrators to sell the real estate
within two years after the son's death;
and he bequeaths the proceeds there-
of to his brothers and sisters by name
and their heirs forever, or such of
them as shall be living at the death
of the son, to be divided between
them in equal proportions, share and
share alike. All the brothers and sis-
ters die leaving issue, then C. dies,
and afterwards B. the son without
issue. Heirs is a word of limitation;
and none of the brothers and sisters
being alive at the death of B. the ob-
ject of the power to sell has failed,
their issue are not entitled, and a sale
by the executors of C. conveys no
title. Lessee of Smith v. Folwell. 546

DISCONTINUANCE.

After an inquest has returned that the
rents and profits will pay in seven
years, the plaintiff cannot discon-
tinue his fi. fa. and take out a new
one, without leave of the court.
McCullough v. Guetner.
214

DOMICIL.

1. A will of personal property must be
executed according to the law of the
testator's domicil at the time of his
death. If it is void by that law, it will
not pass personal property in a foreign
country, although it is executed with
all the formality prescribed by the law
of that country. Desesbats v. Berquier.

336

2. A man is prima facie domiciled at the

1. A testator devises to his wife, during
her widowhood, the front room in his
farm house, a cellar, and the com-
mon use of the kitchen, oven and
drawwell; he also gives her, in con-
sideration of her schooling and well
educating the children, the profits of
his farm until his sons come of age
to possess it. He then orders his farm
to be divided into two parts, one of
which he gives to one son, reserving
a privilege of water for the other
part, which he gives to another son,
upon their respectively coming of
age; and orders the son who takes a
certain part, to keep a horse and cow
for the wife, and to cut and lay firewood
at her door during her widowhood.
Held that the devises are not in bar
of dower in the farm. Webb v. Evans.

16. A subcribing witness to a warrant of
attorney swore that from his minutes
he found he was at a certain place on
a certain day, being the day the war-
rant bore date, and that upon reference
to the warrant he found his name in
his own handwriting as an attesting
witness, and that the seal appeared
to have been taken from an engraving
he then and still had, and from all
these circumstances he was convinced
that he was present and witnessed the
execution of the instrument. This is
sufficient proof of the warrant to go
to the jury. Pigot v. Holloway. 436

3. Where the residue of a testator's per-
sonal estate is not disposed of by the
will, it is always a question of inten-
tion, whether the executors take be-
neficially, or as trustees.
575
4. A testator orders all his debts and fu-
neral expenses to be paid, and gives
his wife 7004, and the use of his real
estate, until his only child, a son then
about five years old, shall be fifteen.
He gives his son 157, a few specific
legacies, and all his real estate, and
then orders the residue of his per-
sonal estate, except a table and two
stoves, to be sold by his executors at
public sale, as soon as may be after
his death, to the best advantage, and
makes his wife and two friends ex-
ecutors. They take as trustees for the
next of kin.

FEIGNED ISSUE.

575

common, made by marking a line of