Contracts-Resale of eggs-Rule for SUMMARY CONVICTION.
judgment-Expenses-Market price-
Custom sales Act of May 9, 1915, P. Lunder Automobile Act of June 30, 1919.
Justice's court-Summary conviction
Pleading Plaintiff's statement-Affi-
P. L. 678--Appeal--Filing, time-Allow-
ance--Security.
-COMMONWEALTH V. TANNEBAUM, 197
davit of defense-Questions of law-SUPERSEDEAS.
Damages-Sales Act of May 19, 1915, Practice, C. P.-Appeal to Superior
-FRANK PURE FOOD CO. V. WILLIAM M.
DODSON CANNING CO., 90
Court Execution Supersedeas-Act
12 May, 1897. P. L., Sec. 2.
--SCHLIPPERT V. ORTH, 38
Affidavit of defense-Sales-Sales by Certiorari-Recognizance
description-Right of inspection before deas--Motion to quash writ of certiorari.
payment-Act of 1915, P. L. 556, Sec--LARK V. SNYDER, 142
-DESMOND V. KEYSTONE RUBBER MANUFAC-
Direct inheritance tax-Appraisement
-Mistake in-Exception to decree of
adjudication.
Where no exception was filed to the ap-
praisement for direct inheritance tax pur-
poses or appeal taken, it is too late to take
exception to the decree of adjudication on
the ground that direct inheritance tax was
allowed on a dower charge which was im-
properly appraised as part of the estate.
-ESTATE OF HARRIET A. HESS, DEC'D., 184
Decedent's estate · Collateral inheri-
tance tax-Real estate-Direction to sell
land in another state with consent of life-
tenant-Liability of proceeds to tax.
-CROZER'S ESTATE, 116
Equity-Trustee--Bailment.
L.-DELLONE V. FIRST NATIONAL BANK, 49
VENDOR AND VENDEE.
Real estate Boundaries Title to
streets and roads named as boundaries-
Action of trespass for plowing up a road,
cutting down trees along the same, and
obstructing a right of way.
-DANNER V. ELLIOTT, 205
SUBPOENA.
Sales-Vendor and vendee Machine
sold to be "satisfactory"-Time when
vendee to be satisfied-Evidence.
-BURKHOLDER V. HESS, 17
Contracts Commission on sales
Vendor and vendee Assumption of
debts of vendor-Vendee of business
may be sued directly for breach-Prac-
tice Act of 1915-Account.
-JOSEPH SCHLESINGER V. NEW YORK &
KENTUCKY DISTILLING CO., 147
Subpoena Duces Tecum-Assumpsit
-Expenses-Action to recover-Appeal. WAIVER.
The service of a subpoena duces tecum
does not raise an assumpsit to pay for what-
Common carriers Contracts
ever trouble or difficulty the witness may Waiver of provisions-Practice, C. P.-
road companies Bills of lading
Sunt against wrong person-Practice, C..
P.--Plaintiff's statement Requisites-
Practice Act of 1915.
have in finding the papers called for, and in
an action by plaintiff to recover for said ex-
pense from defendant, judgment entered for
defendant.
-DIRECTOR GENERAL OF RAILROADS V.
KEEFER, 32
-SADLER V. DIRECTOR GENERAL OF RAIL-
ROADS, 99
Rental payable in instal-house and lot and desire to have the same
ments-Interest on rental Default in sold, upon their executing a writing to that
payment of instalments—Waiver of de- effect, my executors shall sell said house
fault-Replevin.
-AUTOMOBILE FINANCE CO. V. SLOAN, 128
and lot, and the proceeds shall be equally di-
vided among all my children or their heirs. *
All the rest, and residue of my estate I be-
queath and devise unto all my children or
their heirs in equal shares". A daughter died
Practice Act of 1915-Sufficiency of testate, her will providing inter alia as fol-
affidavit of defence-Warranty.
lows: "I direct that all my earthly posses-
sions of whatever character ** shall remain
untouched for the use of my remaining three
sisters and my brother. After the death
Weak-minded person's estate-Guar- of the last one of the above mentioned broth-
dian of weak-minded person-Election er and sisters, I direct my possessions to be
to take under will.
divided as follows: ** The remainder of my
The court of common pleas, after having estate give to my brother and sisters, to
refused the guardian of a weak-minded per-dispose of as they se fit." Four other children
son, the widow of a testator, leave to take of the first testator were deceased. Held,
against the will on behalf of the widow, will that the surviving son and daughter of the
not make an order, on the petition of the ex-criginal testator, and the heir and devisee of
ecutor, directing the guardian to elect for deceased children of said testator were able
the widow to take under the will, on the to convey a good title to the real estate men-
ground that the executor, without such elec- tioned.
tion may not be able to give good title to
certain real estate which the will directs the
executor to sell.
-HAACK'S ESTATE, NO. 2, 106
Will-Issue devisavit vel non.
A dispute as to the facts such as to require
under
Common pleas and Or-the granting of an issue devisavit vel
phans' Court-Decedent's estate--Weak- the Act of March 15, 1832, P. L. 146, must be
minded person.
-IN RE DAVIDSON'S ESTATE, 60
Will-Conversion-Election to take as
Life tenants, remaindermen and devisees
of deceased remaindermen may take and
convey real estate devised, where the will
directs a sale by executors at the request of
the life tenants; upon the election of all the
parties in interest to take decedent's real
estate, there exists no necessity for a sale or
conveyance by personal representatives, in
order to carry out the provisions of the will.
Where a will directs all earthly posses-
sions to remain "untouched" for the use of
sisters and a brother, and, after the death
of the last of these, makes specific bequests,
which are void in law, with remainder to the
brother and sisters to dispose of as they see
fit, the surviving brother and sister with dev-
isees of deceased sisters may convey the
testatrix's real estate in fee by deed.
Real estate was devised as follows: "I de-
vise unto my unmarried children and to
those who remain unmarried the house and
lot** in which I now reside, during their
lives and the life of the survivor of them. If
at any time they may see fit to vente said
a substantial dispute, and the evidence con-
sidered as a whole, must be such as would
sustain a verdict in favor of the party praying
for the issue; and where the trial judge, after
a careful review of all the testimony, would
feel constrained to set aside a verdict, in fa
vor of one side, as contrary to the manifest
weight of the evidence, the issue should be
refused.
-ALEXANDER'S ESTATE, 70
Will-V'ested remainder.
Where a legacy is made payable at a fu-
ture time, certain to arrive, and not subject
to conditions precedent, it is vested where
there is a person in esse at the time of the
testator's death capable of taking when the
time arrives, although his interest be liable,
to be defeated altogether by his own death.
Testator's will provided as follows: "The
share of my daughter, Mary A. Wiley, which
I direct to be and remain in the hands and
control of my executors, *
* and I di-
rect them to pay to my said daughter, Mary
A. Wiley, five per cent. interest on her share
annually during her natural life, and after
her death, I direct my executors to pay said
share in equal shares to my remaining chil-
dren or their issue." Held, upon the distri-
bution of the share of said daughter, after
her decease, that the remainder given to the
"remaining children" vested at
testator's death, and must be distributed to in my room" does not include the jewelry in
them or those who take through them per the room.
stirpes.
The portion of testator's will to be con-
strued is the following:
"Item 1. I give and bequeath to William
H. Rodenhouse and his wife Rebecca my
four brick houses on Walnut Street extend-
ed, and my two brick houses on New Salem
Avenue exclusively, to Mrs. W. H. Roden-
house, and two houses on North Court Ave-
nue."
Held, (1) That the testator's intention to
devise the two houses on North Court Ave-
nue to Mrs. W. H. Rodenhouse exclusively
was sufficiently apparent without any trans-
position of the concluding words describing
said houses.
In a will, "etc." relates to articles which
are ejusdem generis, of the same kind as
those previously enumerated.
Where testatrix gave her "furniture and
rugs, etc.," there is a patent ambiguity in
the expression "etc." which does not render
admissible the evidence of witnesses to
prove her declarations outside of the will so
as to show what were her intentions.
-RAINIER'S ESTATE, 161
Weak-minded person's estate-Guar-
dian of weak-minded person—Election
to take under will.
-HAACK'S ESTATE, NO. 2, 106
WORKMEN'S COMPENSATION.
Workmen's compensation law-Injury
while leaving place of employment for
(2) That if transposition of the final lunch.
words of the second clause of the item
quoted were necessary, it could only be to an-
other place in the same clause so as to make
it read "my two brick houses on New Salem
Avenue, and two houses on North Court
Avenue exclusively to Mrs. W. H. Roden-
house"; which also vests in Mrs. W. H.
Rodenhouse, exclusively, a fee simple title to
said houses on North Court Avenue, and en.
titles the plaintiff to recover the purchase
price of the same, in this action.
-RODENHOUSE, EXECUTOR, V. FRUSH, 129
The claimant worked at defendant's store
until about 10:30 A. M., when she put on her
wraps and started to leave for her lunch. As
she descended a flight of steps to the main
floor of the store, she fell and was injured.
Held: That where an employee is on the
premises of his employer, the relation of
master and servant commences a reasonable
time before the actual beginning of work and
continues a reasonable time after the work
is over; that employment includes the inci-
dents of employment; that the workman is
still his master's servant while he is leaving
the place of his employment; that the acci-
Wills-Construction- Gift of furni
Gift of furni-
ture and rugs, “etc"-Patent ambiguity-dent happened in the course of the master's
Parol evidence of the declarations of the
testatrix to show her intention.
A gift of "all the furniture and rugs, etc.,
employment; and that the claimant was en.
titled to recover.
-SAMIT V. IMBER BROS., ET AL, 23
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