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CASES

REPORTED IN THIS VOLUME.

B.

PAGE
Campbell v. Hall,

575
Cancemi v. The People,....... 501
Catlin v. Billings,

622
Chandler, Terry V...... 354
Chapman, Lewis V.............

369
Chester v. Bank of Kingston,... 386
Cobb v. Cornish,.......

602
Cochran v. Lampman,.

275
Collomb v. Caldwell,

484
Colver, Griffen v..

489

Conrad v. Village of Ithaca,.... 159

Cook, Spraker v....... 567
Corning v. Slosson,

294
Cornish, Cobb v..

602
Cowing v. Geib,..

600

D.

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Caldwell, Collomb v....

Callaghan, Darby V.....

484

71

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Kain v. Masterton,
Kellogg v. Theological Seminary

Peddie, Bagley v.

469

People, McCann v..

58

People v. Dibble,

203

People, Haskings v.

344

People, ex rel. N. Y. Mut. Life

Ins. Co., v. Supervisors of N.Y., 424

People, Cancemi v..

501

of Auburn,.......

Kellogg's Executors, Wall v. ...

83

385

PAGE.

T.

Perrin, Dows v
325

PAGв.

.
Platner, Dow V....

562

Terry v. Chandler,...... ..... 351

Poler v. N. Y. Central R. R. Co., 476

Theological Seminary of Auburn

v. Kellog,

83

R.

Thompson, Wescott v..

613

Titus v. Orvis, ...

617
Rankine v. Erriott, .
377 | Touseley v. Barry,

497
Rens. and Wash. Plank R. Co. y. Tucker v. Bishop,

402
Barton,
457 Turner v. Haight,..

465

Requa v.

Holmes,

193

Reynolds v. Reynolds' Executors, 257

y.

Russell v. Livingston,....

515

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A testator cannot, in his will, reserve a right to qualify, by an unattested writ.

ing, a transaction which, at the time of such writing, shall have already passed and taken effect, or which was the act of another person, so as by means thereof to affect legacies or other provisions in his testamentary papers. He cannot alter his will otherwise than by an instrument attested in the same manner as required to give it effcct as a will. A testator may, however, make his testamentary gifts dependent upon the happening of any event in the future, whether in his lifetime or afterwards. He may, therefore, provide that a legacy shall not be payable, if in his lifetime he shall give to the legatee an amount equal to such legacy; and he may add to the condition the further requirement that any advancement he may make shall, in order to be applied on

account of the legacies, be charged to the legatee on his books of account. Such entries, made in the usual course of business, and at the time of parting

with the subject of the advancements, are parcel of the res gesta, a feature of the transaction itself. Otherwise of an entry which might be made relat. ing to a gift to the legatee by a third person; such a gift being res inter alios, and not having in its own nature any operation in regard to the testator and his proposed testamentary provisions, the testator can give no effect

to it, by way of qualifying his own bequest, by an unattested writing. The testator, by the second codicil to his will, which was executed primarily,

January 9th, 1839, bequeathed to his daughter, the plaintiff, the income of $100,000, deposited in the New-York Life Insurance and Trust Company, and bearing interest at five per cent per annum, to receive (directly, or, in SMITH.- VOL. II.

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