be admissible, there being other evidence of high speed at the time of the accident. Wellman v. Mead, Vt., 107 Atl. 396 (1919).

Testimony as to the rate of speed of defendant's automobile a mile before reaching the place of accident, was admissible where there was testimony that the rate of speed was not diminished between the point in question and the place of accident. Tyrrell v. Goslant, Vt., 106 Atl. 585 (1919).

It was held competent for a witness to testify as to the rate of speed of the automobile in question four blocks from the place of the accident, where, there was testimony to show, the speed was excessive. Wigginton's Adm'r v. Rickert, Ky., 217 S. W. 933 (1920).

ITEMS OF PROFESSIONAL

INTEREST.

RECENT DECISIONS BY THE NEW YORK COUNTY LAWYERS ASSOCIATION, COMMITTEE ON PROFESSIONAL ETHICS.

QUESTION No. 201.

Partnership-Between lawyer and certified public accountant for practice of public ac counting and tax report service; Professionally improper.-In the opinion of the committee is there any professional impropriety on the part of a lawyer entering into the formation of a partnership with a certified public accountant for the practice of public accounting and tax report service?

ANSWER No. 201.

A majority of the Committee is of the opinion that the implication of the arrangement and of the question is that the partnership furnishes the legal services of the lawyer to its customers; they consider that such exploitation of professional services for the profit of or by those who are not entitled to practice law (in whatever guise cloaked) is not professionally proper, because it admits to the emoluments of the office those who are not entitled to its privileges or bound by its discipline or amenable to summary correction. and affords an opportunity to the layman to give legal advice.

LITERARY LIBEL

The publication of a supposedly fictitious narrative in good faith by a publisher of books was held in Corrigan v. Publishing Co., 228 N. Y. 58, 126 N. E. 260, 10 A. L. R. 662, not

to be a complete justification to an action for malicious libel contained in the book, even though the publisher was unaware of the existence of the person libeled, or that the libel was written of and concerning any existing person; that is, it was held that such facts were no defense to the recovery of compensatory damages, but that they might prevent the recovery of punitive damages by disproving actual malice, which must be shown to recover such damages. The court in this case said: "The fact that the publisher has no actual intention to defame a particular man, or, indeed, to injure anyone, does not prevent recovery of compensatory damages by one who connects himself with the publication; at least, in the absence of some special reason for a positive belief that no one existed to whom the description answered. The question is not so much who was aimed at, as who was hit."

The few cases which have discussed this question are in conflict, but the weight of authority seems to support the rule enunciated in the preceding case, that the publisher's ignorance of the writer's intention to libel, or of the libelous character of the article, is not a defense to his liability therefor. Thus, the publisher's ignorance that the book contained libelous matter is held in Curtis v. Mussey, 6 Gray, 261, to be no defense to an action for libel against a publisher of a book composed of the letters and speeches of a prominent man upon a public question, since the publisher was bound to know whether the publication contained libelous matter. And one who publishes without malice, a libelous pamphlet on a privileged occasion, is held jointly liable with the writer of the pamphlet, in Smith v. Streatfield (1913), 3 K. B. 764, 82 L. J. K. B. N. S. 1237, 109 L. T. N. S. 173, 29 Times L. R. 707, where the latter was actuated by malice; since the latter's malice defeats the privilege also for the publisher.

It is stated in Thompson v. Powning, 15 Nev. 195, that proprietors of newspapers are not to be relieved from any liability on account of any ignorance, inadvertence, or thoughtlessness on their part, as to matters published. But it was held in Smith v. Ashley, 11 Met. 367, 45 Am. Dec. 216, that the publisher of a newspaper was not liable for a libelous article therein, where he did not know to whom the article applied, and supposed that it was a mere fancy sketch or fictitious story, although the writer intended the article to be libelous, and to apply to the plaintiff. The court said

that, to charge the defendant, it must be proved that he published the libel wrongfully and intentionally, and without any just cause

or excuse.

In the case first cited, the Court remarks: "Publishers cannot be so guileless as to be ignorant of the trade risk of injuring others by accidental libels. Works of fiction not infrequently depict as imaginary, events in courts of just.ce or elsewhere actually drawn or distorted from real life. Dickens, in 'Pickwick Papers,' has a well-known court scene of which Mr. Sergeant Ballantine says in his 'Experiences' that Mr. Justice Gazelee 'has been delivered to posterity as having presided at the famous trial of Bardell v. Pickwick. I just rememb him, and he certainly was deaf.' Goldwin Smith, the distinguished historian and publicist, said of Disraeli's veiled attack upon him as the Oxford professor' in the novel 'Lothair' ('Reminiscences,' p. 171): 'He afterwards pursued me across the Atlantic, and tried to brand me, under a perfectly transparent pseudonym, if "Oxford professor" could be called a pseudonym at all, as a "social sycophant." There is surely nothing more dastardly than this mode of stabbing a reputation.' The power of Charles Reade's descriptions of prison life in 'It's Never Too Late to Mend,' and the abuses of private insane asylums in 'Hard Cash,' is undeniable, although the truth of some of his details was challenged. The novel of purpose, such as 'Uncle Tom's Cabin,' often deals with incidents and individuals not wholly imaginary. Reputations may not be traduced with impunity, whether under the literary forms of a work of fiction, or in jest."

"Hello, Sam! Got cut again, I see." "Yes, sah! I done got carved up with a razor!"

"Why don't you keep out of bad company?" said the physician, after he had dressed the wound.

"Deed I'd like to, but I ain't got 'nuff money to git a divorce."

"There was a stir in court when the fair defendant got on the witness stand."

"I suppose the gentlemen of the jury slicked down their hair and fumbled with their neckties?"

"Not only that, but one bailiff whispered to another bailiff that if he had known such a queen was to be about the premises he would have had his trousers pressed for the first time in seven years at the eminent risk of making his wife suspect he was leading a double life." -Birmingham Age-Herald.

W. J. Bryan's father once missed several large hams that had been hanging in his barn loft. He suspected that the thief did not live many miles away, but he made no direct charge against any one; in fact, he refrained from mentioning his loss to a single soul. A few days later his neighbor called. "Say, judge," said the man, "I heard you had some hams stole the other night." "Yes," replied the judge very confidentially, "but don't tell any You and I are the only ones who know about it."

one.

A traveling salesman driving his car along a country road came upon a victim of a gradecrossing accident. The car was a complete wreck and its former occupant just "coming to." He leaned over the injured man and shook him.

"What's the matter, brother, an accident?" "Yes."

"Did the engineer blow his whistle?" "No."

"Did anyone see it?" "No."

"Well, tell me, has the claim agent been around yet?"

"No."

"Then for heaven's sake, move over and let me lie down "-Los Angeles Times.

"Why was he pinched?"

"Tis father let him use his motor car for an hour."

"Well?"

"He tried to ride an hour in 15 minutes "

1. Animals-Death From Serum.-In an action for ueath of hogs vaccinated with serum manufactured by defendant, plaintiff, by showing that the serum was properly administered and tnal the malignant edema causing death developed at the place where the serum was injected, established a prima facie case, which the defendant could rebut by showing that the serm had been prepared according to the approved metnou and carefully prepared and properly labeled, tested, bottled, sealed, and

and that all reasonable care had been exercised to exclude poisonous or deleterious matter.Murphy v. Sioux Falls Serum Co., S. D., 184 N. W. 252.

2. Vicious Dog.-One who knowingly harbors a vicious dog which, while running at large frightens a team of horses lawfully on the highway, causing it to run away and injure the owner, who departs from a place of to such owner, if safety to stop it, is liable his injuries resulted proximately from the dog's act, which is for the jury; the owner in such circumstances not being necessarily guilty of contributory negligence.-Dougherty v. Reckler, Iowa, 184 N. W. 304.

the

3 Automobiles-Duty of Driver. It is duty of the driver of an automobile, before turning into a crossing street, not only to look for cars approaching thereon, but to look in such an intelligent and careful manner as will enable him to see the things which a person, in the exercise of ordinary care and caution, for his own safety and the safety of others, would have seen under like circumstances.-Bramley v. Dilworth U. S. C. C. A., 274 Fed. 267.

4. Negligence of Driver.-Laws 1919, C. 267, § 1, requiring automobile driver to grant the right of way at the street intersection to an automobile approaching from his right, does not apply where the driver to the left turns to his right into intersecting street as near the right-hand boundary of the road as possible, as required by such statute, since in such case he does not interfere with the driver approaching the intersection from his right, and who in approaching the intersection should be driving on the right-hand side of the street.-Mills v. Dakota Power Co., S. D., 184 N. W. 261. 5. Bankruptcy Composition. - -Under Bankruptcy Act, § 48d (Comp. St. §9632 [d]), providing that on confirmation of a composition the commissions allowed a receiver or marshal shall not exceed one-half of 1 per centum of the amount to be paid creditors, and § 72 (Comp. St. § 9656), providing that "neither the referee receiver, marshal, nor trustee shall in any form or guise receive, nor shall the court allow him, any other or further compensation

for his services than that expressly authorized and prescribed in this act," a court is without power to confirm a composition which provides for compensation of a receiver in a sum largely in excess of that prescribed in § 48d.-In re Sol Gross & Co., U. S. D. C., 274 Fed. 741.

6. Form of Pleading.-Where a court of bankruptcy has jurisdiction of a plenary suit by a trustee, the fact that he proceeds by petition as for a summary order is immaterial, if the parties appear and there is a full hearing on the merits, and in such case the proceeding will be treated as a plenary suit. In re Eilers Music House, U. S. C. C. A., 274 Fed. 330.

7. Banks and Banking-Liability of Express Company. Where a contract with an express company for the transmission of money provided that it was not to be responsible for loss occasioned by errors or delays of its correspondents, it is not liable for loss in value of foreign money, caused by the delay of its correspondent in Europe. if there was such delay. -Sommer v. Taylor, N. Y., 190 N. Y. S. 153. 8.Ultra Vires Contract.-A state bank commissioner, in behalf of the creditors of an insolvent state bank, brought suit against another bank to recover collateral pledged for a loan which created an indebtedness in excess of that permitted by the statutes of the state, but authorized by formal action of the directors. Pending the suit, the directors, who were liable under the statute for any indebtedness of the bank created by them in violation of law, paid to the commissioner the amount of the bank's indebtedness, and took from him an assignment of its assets. Held, that the suit could no longer be maintained for their benefit, either in their own names or in that of the commissioner.-Lewis v. Fifth-Third National Bank of Cincinnati, U. S. C. C. A., 274 Fed. 587.

9. Bills and Notes-Holder in Due Course.Where newly organized corporation caused note for purchase money of stock to be executed to another corporation, from whom it was purchasing a mill, to apply on purchase price of such mill, other corporation was not a "holder in due course,' under Negotiable Instruments Law, § 52, since a holder in due course must have acquired the note by negotiation and transfer from the payee or a prior indorsee, and not by issue or delivery from the maker. Britton Milling Co. v. Williams, S. D., 184 N. W. 265.

10. Carriers of Live Stock-Negligence.to Having regard the inherent nature and propensity of mules, the mere fact that several individuals of a carload got down in the car and suffered injuries does not authorize a finding of negligence on the part of the carrier; the rule of res ipsa loquitor not applying. Atlantic Coast Line R. Co. v. J. S. Carroll Mercantile Co., Ala., 89 So. 509.

11. Champerty and Maintenance Contract Between Attorney and Client.-A contract between attorney and widow concerning an action by the widow as administrator against a railroad for damages for husband's death held champertous and void, as being prepared with a design on part of attorney to put whole litigation and whole estate of the dead man in his custody and control, and to place the widow wholly within his power, and subject to his dictation, and requiring mutual consent of attorney and widow to compromise with railroad.--Proctor v. Louisville & N. R. Co., Ky., 233 S. W. 736.

12. Commerce-Imports.-Laws

Wash. 1915,

p. 274, as supplemented by Laws 1919, p. 290, requiring eggs imported from foreign countries and offered for sale in the state to be sold as such, and to that end that each imported egg shall be marked, branded, or stamped with the name of the country in which it was produced, and that broken eggs or those offered for sale in other than the original form shall be similarly designated by marks on the containers or packages, but which exact no license fee and place no restrictions on dealings in or use of such eggs, held not unconstitutional. as imposing a restraint on foreign commerce, but within the police power of the state, and valid -Amos Bird Co. v. Thompson, U. S. D. C., 274 Fed. 702.

13. Interstate. An employee, injured while directing the moving of a coal car from one point to another in a yard connected with the shops of a sleeping car company by which he was employed, was not engaged in interstate commerce within Workmen's Compensation Law 1917, § 142, providing that such article should not apply to employees so engaged where the laws of the United States provide for compensation for such injury.Pullman Car Lines v. Riley. Del., 114 Atl. 920. 14. Constitutional Law-Divorce.-Code 1907, § 3795, as amended by Gen. Acts 1919, p. 878. does not deny due process of law or equal protection of the law in violation of Const. U. S. Amend. 14, in authorizing the wife to sue for and obtain a divorce because of a status of separation and nonsupport, for which the husband may not have been responsible either as to its origin or continuation, and does not permit the husband to likewise sue for divorce. -Barrington v. Barrington, Ala., 89 So. 512.

15. Contracts-Breach of.-Where defendant contracted that plaintiff, in return for raising the bid on land, should receive a share of higher bids, and the latter, after making a higher bid. to prevent a still higher one sold his own to the person intending to raise the bid, he is guilty of breach of contract, and cannot recover the stipulated share.-Jennings v. Jennings, N. C., 108 S. E. 340.

16.- -Mutuality.—A contract requiring the seller to deliver goods on buyer's order, which was void for want of mutuality for failure to obligate buyer to order such goods, became a valid contract on buyer's order of the goods, since by ordering the goods buyer bound itself to accept and become liable therefor. McCaull- | Dinsmore Co. v. Heyler, S. D., 184 N. W. 243. 17. Specific Performance.-Where a land sale contract did not make time of the essence in perfecting title, and no change of circumstances had occurred at the time of filing a release of judgment subsequent to the closing of title, held, that the release would cure the objection as to the judgment being a lien on the land, in an action involving specific performance.-Joseph Loria, Inc., v. Stanton Co., N. Y., 190 N. Y. S. 131.

Corporations.

18. Corporations · - Foreign Though a sale of stock through an agent was subject to approval by the company at its home office in another state, the negotiation of the contract and the acceptance of a note for the purchase price in Alabama constituted the business of selling stock therein within Code 1907, §§ 3651-3653, denouncing as void all contracts made in that state by foreign corporations without having first procured a permit by paying a franchise tax, as required by Code 1907, § 3647.-Langston v. Phillips, Ala., 89 So. 523.

19.- -Foreclosure.-Where, in a suit by a bondholder to enforce a mortgage, in which all other bondholders were permitted to intervene, on recovery, the total amount due to all bondholders was paid into court. such fund is not a common fund, but belongs to the bondholders, severally and in proportion to their holdings, and where the holders of some of the bonds have not appeared and the bonds have not been found, the other bondholders have no claim to the part of the fund apportioned to them.-Brown v. Pennsylvania Canal Co., U. S. D. C., 274 Fed. 467.

20. Interstate Business.-Although a foreign corporation is guilty of carrying on business within the state without complying with the statutes, it is not precluded by this from suing in the state courts on a contract constituting interstate business.-Lloyd Thomas Co. v. Grosvenor, Tenn., 233 S. W. 669.

21. Insolvency.-Equity will not entertain a stockholder's suit merely to redress fraud of the directors, if the fraud has produced insolvency, as it should then wind up the company. -O'Brien v. Lashar, U. S. C. C. A.. 274 Fed. 326. 22. Customs Duties-Contraband Articles.-The master of a vessel is not subject to the penalty imposed by Rev. St. § 2809, for bringing into the United States merchandise not shown on his manifest because of the landing from his vessel of smoking opium. not shown in the manifest, and the importation of which is pro

hibited by Act Feb. 9, 1909.-United States v. Reed, U. S. D. C., 274 Fed. 724.

23. Divorce-Interest of State.-The state has sufficient interest in a divorce case, regardless of lack of diligence in presenting evidence on the part of the defendant, to cause a decree of divorce obtained by deceit and wrongful acts of plaintiff's agents to be set aside on motion for a new trial.-Beauley v. Beauley, N. Y., 190 N. Y. S. 129.

24. Easement-Easement by Implication.Where the owner of an entire tract of land, or of two or more adjoining parcels, employs a part so that one derives from the other a benefit or advantage of a visible, continuous, apparent, and permanent nature, and sells the parcel in favor of which the easement exists. such easement, being necessary to the reasonable enjoyment of the property granted, and being appurtenant to it, will pass to the grantee by implication, though not expressly granted, which is true, also, within certain limitations, as to the reservation of such an easement.-Garvin v. State, N. Y., 190 N. Y. S.

143.

25. Electricity-Rates.-Assuming that under Rev. St. Neb. 1913, § 4954, a city is authorized to contract with an electric light and power company concerning the rates to be charged. it cannot make a contract precluding it from increasing or reducing rates during the life of the contract, in view of $ 4955, authorizing cities to regulate such rates and providing that such power shall not be abridged by ordinance, resolution, or contract.-Central Power Co. v. City of Kearney, U. S. C. C. A., 274 Fed. 253.

26. Eminent Domain-Trespass.—A railroad company, entering on land outside of its right of way, removing soil therefrom, and causing a direct injury to plaintiff's mill by blasting stones into the river and changing the flow of the water so as to drown the mill. is liable irrespective of negligence.-Louisville & N.

Co. v. Craft, Ky.. 233 S. W. 741.

27. Value of Land. In ascertaining the compensation to be given for land taken for uses of forest preserve district, it must be estimated for the land as land with all its capabilities, and if there is timber on it, or coal, oil, or other minerals under the surface, they are to be considered so far as they affect the value of the land, but they cannot be valued separately, and it is not proper to admit evidence of what can be realized by separating timber from the land as personal propertyForest Preserve Dist. v. Caraher, Ill., 132 N. E. 211.

28. Executors and Administrators-Fiduciary Relation.-Where a fiduciary relationship existed between an aged widow and the executor of her husband's estate, the burden rested on the executor to show that the transaction by which she withdrew her renunciation of her husband's will and election to take under the statute and deeded her rights in her husband's property to the executor was entered into with her full knowledge of its nature and effect and was the result of her deliberate intelligent desire, and for her benefit.-Lipscomb v. Allen, Ill., 132 N. E. 206.

29. Homestead - Mortgage. -In determining the value of a homestead estate a prior existing mortgage executed by both husband and wife should not be deducted.-First Nat. Bank v. Hallquist, N. D., 184 N. W. 269.

30. Insurance-Cancellation of Policy-An alleged cancellation of a policy of insurance on which suit is brought is an affirmative de fense, and must be specially pleaded and proved, and the answer must allege the facts upon which the pleader relies as constituting cancellation.-Van Scoy v. National Fire Ins. Co., Iowa, 184 N. W. 306.

31.Insurable Interest.-Each member of a partnership has an insurable interest in the life of every other member, and an undertaking of an insurance company to pay death loss upon any life to surviving members of firm is legitimate.-Fleming v. Fleming, Iowa, 184 N.

IV. 296.

32. -Military Service.-Where insured was inducted into military service, and went to military camp to prepare himself for training.

and was granted a leave of furlough until midnight, upon which he left the camp on an autocycle and was killed in a collision with an automobile, the accident resulting in his death was not a risk of military service, within the meaning of a provision in the policy that such service in time of war without a permit from the company was not a risk assumed; a "urlough" being a leave given to an officer or

soldier to be "absent from service" for a certain time.-Atkinson v. Indiana Nat. Life Ins. Co., Ind., 132 N. E. 263.

JJ. intoxicating Liquors—Admissibility UL

Evidence-in prosecution

making intoxi

35. Use of Automobile.-In proceedings by the State LO condemn automobie for lega transportation of prohibited liquor under Geu. Acts 1919, p. 13, S 13, opposed by mortgagee automobile, proof that the automobile nas been used or is being used for the illegal conveying of prohibited iquor from one point in a city to another establishes a prima facie case shifting the burden on the mortgagee to reasonably satisfy the court that she had no notice or knowledge of the unlawful use of the car at the time of the execution of the mortgage, and could not by the exercise of reasonable diligence have obtained such knowledge notice thereof afterwards in time to have prevented such illegal use.-State v. Farley, Ala., 89 So. 510.

or

36. Joint Adventures-Division of Profits.An agreement between plaintiff, who was a real estate agent, and the defendant, who had purchased and paid for land by which each was to share one-half of the profits, construed in the light of existing circumstances and subsequent conduct of the parties as giving plaintitt no equitable title or interest in the land and not to contemplate that plaintiff pay defendant anything for an interest or that, if it be sold at a loss plaintiff would share therein. -Clark v. Muir, Ill., 132 N. E. 193.

37. Landlord and Tenant Description of Property.—where, in an action of forcible entry and detainer, property was described in the complaint by the house number, street. county, and state, such description, being ample to identify and locate the property, was sufficient, though the house had been destroyed by fire and only the lot remained.-Szulerecki v. Oppenheimer, Ill., 132 N. E. 202.

38. Renewal of Lease.-In a clause in a lease giving the tenant the option to renew on the same terms offered to another, a reservation to the landlord of the right to reject all offers did not authorize the leasing of the premises to another on the terms which the former tenant was willing to accept.-Fabacher v. Egan, La., 89 So. 425.

39. Lis Pendens-Cancellation.-In view af Code Civ. Proc. § 435, providng for the service of summons on a resident defendant who is avoiding service, a notice to such a defendant of the pendency of an action affecting title to real estate can only be canceled, under Code Civ. Proc. § 1674, if the party filing the notice unreasonably neglects to proceed in the action, even though personal service of the summons was not made on him within 60 days after the filing of such notice, or publication commenced or service thereof made pursuant to an order obtained therefor, as provided by § 1670; personal service being impossible and an order for service by publication not obtainable.-Shostack v. Haskell, N. Y.. 190 N. Y. S. 174.

40. Mandamus-Public Funds.-Mandamus is the proper remedy to compel a county treasurer, whose once has been abolished, to turn over to the banks appointed to perform his duties the money which he admits that he received as such officer, but which he claimed right to hold and disburse, under claim that the office has not been abolished.-Tyrrell County v. Holloway, N. C.. 108 S. E. 337.

41.

Master and Servant-Arising Out of Employment.-Injury to a top cager at a coal mine whne following his habit of riding on the cage with a loaded car to the top of the tipple for the purpose of dumping the car, which he could have reached in safety by using a stairway, held to arise out of and in the course of his employment within the Workmen's Compensation Act, though in riding he violated the Mining Act, § 12, subd. (b), such violation being at most contributory negligence, and not a departure from the scope of his employment.Union Colliery Co. v. Industrial Commission, Ill., 132 N. E. 200.

42.- -Truck Driver.-A truck driver, who, while hauling goods for an express company, to which the truck was rented by the owner, lost control and ran over and killed a street laborer, was the servant of the truck owner, not of the express company, where he was hired and his services paid for by the owner, who directed him each day to proceed to the point the designated by express company, which merely told him where to get the goods, the truck being returned to the owner's garage at the end of each engagement, and the express company, having no authority to select or discharge the chauffeur, was not liable for his negligence.-Charles v. Barrett, N. Y., 190 N. Y. S. 137.

as

43. Municipal Corporations-Irrevocable Grant of Franchise Unconstitutional.-Under Const. art. 6, § 12, providing that no law making any irrevocable grant of privilege, franchise, or immunity shall be passed, and Const. art. 17, § 4, providing that the exercise of the police power shall never be abridged so to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the state, the granting by a city of an irrevocable franchise for a term of years to a gas company to supply gas is invalid, and since the city is not bound by the franchise, neither is the gas company.-City of Lead v. Western Gas & Fuel Co., S. D., 184 N. W. 244.

44. Principal and Agent-Authority of Agent. -Where a person conducts a garage and is engaged in selling automobiles manufactured by a certain manufacturing company, the question whether the relation of principal and agent exists between the manufacturer and the person operating the garage will be determined by the terms of the written contract entered into by them in the absence of any act or admission by the manufacturer that the person operating the garage was authorized to bind the manufacturer by contract in the sale of automobiles manufactured by the company.Paige-Detroit Motor Car Co. v. Pintado, Fla., 89 So. 549.

45. Railroads-Nonsuit.-Nonsuit held properly directed, plaintiff's evidence showing that his team of mules, left unhitched and unattached, turned without apparent cause and went on to the railroad track about 50 feet away, where they were struck by a train, and that the train could not have been stopped within the time between their turning and being hit. Sasser v. Atlantic Coast Line R. R., N. C., 108 S. E. 337.

46. Religious Societies-Right to Convey Property. Where covenant of religious society provided that the property brought into the society by its members should become the property of the whole society as such, with a several right of use conferred on each member, as a member, so long as he remained a member, the society having dwindled to 11 members, and having lost much of its property, and permitted remaining property to deteriorate, had the right to convey its property in consideration of grantee's agreement to support the remaining members during the rest of their lifetime.-Board of Parent Ministry v. Bohon, Ky., 233 S. W. 721.