and 120 New York State Reporter

5.

Rights and liabilities of devisees
and legatees.

The refusal of the court to allow a witzen
to be asked a question in substantially the same
form as one preceding, asked him and alors.
during the same examination, is not cause for

In an action to establish the lien of a legacy,
it is incumbent on plaintiff to prove that it is
a subsisting lien and remains unpaid.-Conk-reversal.-Deitch v. Feder (Sup.) 802.
ling v. Weatherwax (Sup.) 139.

Where a devisee under a will accepts the ben-
efit thereof, he will be bound by all the con-
tents of the instrument.-Beetson v. Stoops
(Sup.) 332.

Where will provides, after debts are paid, for
legacy to wife in lieu of dower and other rights,
wife held entitled to payment of her claim in
addition to legacy.-In re Spear's Will (Sup.)
448.

Bequest to testator's wife in lieu of dower
and statutory rights held not to entitle her,
in case she rejects it, to legacy equal to dis-
tributive share, if he had died intestate.-In re
Spear's Will (Sup.) 448.

In partition, provision held properly made for
a legacy in lieu of dower, where the personalty
failed. Wilmot v. Robinson (Sup.) 575.

Where testator, at the execution of his will,
was possessed of ample personalty to satisfy,
legacies, the existence of a power of sale in
the will is no reason for subjecting the real es-
tate to the payment of legacies on an insuffi-
ciency of the personalty.-Schmidt v. Limmer,
(Sup.) 657.

Where a devise to a testator's widow of lands
is not in lieu of dower, the widow is entitled,
as against a judgment creditor of the testator,
to have the dower ascertained and deducted.
Lauby v. Gill (Sup.) 718.

In creditor's action against sole devisee of
lands of deceased debtor, who had sold them be-
fore action brought, held, that devisee was en-
titled to deduction to the amount of mortgages
due thereon and taxes.-Lauby v. Gill (Sup.)
718.

3. Credibility, impeachment, contra-
diction, and corroboration.
street railway held entitled to ask plaintif, s
In an action for personal injuries, defeniLET
passenger, on cross-examination, whether
knew that he must show that the car startes
while he was alighting, in order to recover-
Kramer v. Metropolitan St. Ry. Co. (Sup. 33.

Matter of cross-examination held not collater
al, but pertinent, and permitting of impeach
ment thereon.-Vroman v. Kryn (Sup.) 94.

Plaintiff in an action for rent held entitled,
on the issue of waiver by defendant of a con-
dition on which the lease was executed, to show
that defendant did what, on cross-examination,
he said he did not do.-Lurie v. Levy (Sup.) 174.

Written statement of witness held not objec
tionable, as rebutting new matter called out on
cross-examination.-l'erine v. Interurban St Ry.
Co. (Sup.) 479.

An affidavit containing other statements by a
witness than those about which he was ques
tioned held inadmissible to contradict his testi-
mony.-Leggett v. City of Watertown (Sup)

982.

Contradiction of party's own witness held to
have been on collateral matter, and therefore
error.-Wimmer v. Metropolitan St. Ry. Co.
(Sup.) 1052.

On an issue as to whether defendant had
revoked his guaranty of notes, testimony of his
attorney as to his advice that defendant should
do so held incompetent.-Lincoln Nat. Bank v.
Fischer-Hansen (Sup.) 1093.

WORK AND LABOR.

Liens for work and materials, see "Mechanics'
Liens."
Matters concluded by judgment in action for
services, see "Judgment," § 5.

In an action on a contract, which cannot be
upheld, because unconscionable, defendant may
prove the value of services, which plaintiff has
shown were rendered under the contract.-Has-
kell v. Smith (Sup.) 779.

V.

Examination.

In an action of conversion, witness held to
have been properly allowed to read from written

YEAR.

list of articles.-Hey ert v. Reubman (Sup.) 797. Estates for years, see "Landlord and Tenant."

and 120 New York State Reporter

617 Hawley v. Rochester & S. R. Co. (84 N. Y.