INSURANCE, FIRE-Continued.
Agreement in policy to submit disputed questions to arbitrators, to be afterward agreed upon, is re- vocable at any time...
Land devised to A. forever, but without right to sell until he becomes thirty, does not make him such an conditional owner as to avoid policy, which stated A. was unconditional owner..... When existence of unpaid assessment no defense in action on fire insurance policy..... INSURANCE, LIFE. Beneficiary in insurance policy is entitled only to surplus remaining after creditor, to whom insured had assigned policy as collateral security for a debt, is paid. (6. C.)........ 47 In action on policy, where it appears agent of de- fendant received notes from decedent for prem- iums without authority, which in time defendant receives from agent in settlement of balance with him, question for jury whether defendant re- ceived notes in payment of premiums..... In action by assignee of policy against company, where waiver of notice of assignment required by policy is denied by defendant, where such waiver is sought to be established by letter of secretary of defendant, question of whether such letter operates as waiver is question of law...
In action on life insurance polley, what answers to questions by deceased in his application, will per- mit defendant to show as defense that applicant had consumption or any disease tending to shorten his life...
INTESTATE LAWS. Act of June 30, 1885, relat- ing to intestates, repeals Act of April 27, 1855, only so far as it provides for per stirpes distribution. (O. C.)...... Purpose of Act of 1885, relating to descent of state to persons standing in equal degree, set forth. ..(O. C.) 291
JUDGMENT. See Partnership.
Amicable sci. fa to revive, made within five years, will not bind land in hand of terre-tenant whose deed is on record at the time. (C. P.)...
In such case alias sci. fa. to revive against terre- tenant after expiration of five years will not bind land in his hands......
When will transcript of record of alderman, filed in Common Pleas for purpose of lien, be consid- ered in proper form for that purpose. (C. P.)......... 369 JUDGMENT BY CONFESSION, ENTRY OF. Authority in lease to enter judgment after de- fault of five days means five full days exclusive of Sunday....
JUDGMENT, ISSUE TO TRY VALIDITY OF. What creditors entitled to try validity of judg- ment, and what necessary for petition to set forth. (C. P.).......
What evidence will be sufficient to justify granting issue
JUDGMENT NOTE. See Partnership. JUDGMENT, OPENING OF. When petition to open judgment will be considered irregular.......... 315 Person is precluded from opening judgment for want of consideration if it appear by his petition that at former attempt to open judgment, on ground of forgery, there was evidence that there was no consideration for judgment note...... In trial of issue to determine whether judgment note had been obtained by fraud, where defend- ant's evidence is that it was given as purchase price of farm, the oil wells upon which plaintiff misrepresented, error for court to charge that, if parties dealt under mutual mistake, defendant could avail himself of such mistake..
JUDICIAL DISCRETION. Discretion of court will only be reversed in ordering sale of lands in hands of assignee for creditors upon clear abuse and manifest disregard of plain rights of creditors. 207 JURISDICTION OF FEDERAL COURTS.
Under what circumstances removal of case from State to United States Courts will be allowed, though time fixed by statute for such removal has passed. (U. S. C. C.)...............................
LANDLORD AND TENANT-Continued.
five days after it becomes due shall render due and payable rent for whole year, and landlord can claim rent for year in distribution arising from judicial sale.......
LEGACIES. Where land is directed by will to be sold and proceeds divided among the children, and further, if any of children should die without issue share of such child should go to survivors, the legacies vest absolutely. (O. C)........ In such a case, where children take land by parti- tion, and without conversion, partition vests title in them absolutely..
Bequest by will was made to legatee, which pro- vided that it should be paid to him personally when he came for it. After death of testatrix he appeared and demanded legacy, which adminis- trator could not pay. Held, that assignment by legatee of legacy to third person was valid and that latter could demand its payment at distribu- tion of estate.....
LETTERS ROGATORY. When letters rogatory from another State, requesting testimony to be taken in Pennsylvania, will be refused. (Č. P.)..... 270 How witnesses must be examined under Act of April 8, 1833, relating to letters rogatory...... Ib Plaintiff, who obtains judgment after service of process in another State, cannot have letters rogatory to county of another State where he is a resident and where he could have sued de- fendant, to use in county where he obtained judg- ment......
To say that neighbors of a woman say she is a witch and bewitched a boy is libel, and cannot be defended on ground that neighbors actually said so. (Super. Ct.)........ Such libel is not privileged communication........... When not error to refuse to charge that publica- tion, not being libelous per se, there being no allegation of special damage, verdict must be for the defendant.....
When question of, whether defendant had exceeded their privilege, plaintiff being candidate for pub- lic office, becomes question for jury.............. In action for testimony of plaintiff as to conversa- tion concerning retraction between her and agent of defendant, a corporation, three weeks after libelous publication, is admissible when au- thority of agent is not questioned.... Plaintiff can testify to manner in which libel dam- aged her........
LIEN ON LAND. Mortgage given in real name of mortgagor, which includes his middle initial, bind his lands in preference to subsequent judg- ment entered in the same name as that by which he holds title to the land, which is his correct name, except that middle initial is left out, (U. S. C. C.) 65. Affirmed, (U. S. C. C. A.)..... LIFE ESTATE. Sale of land on judgment against vendor, who sold land with proviso that vendee was to permit him to live on land as long as he lived, need not be sold under special provision of Act of January 24, 1849, relating to sale of life estates. (Super. Ct.)....... 143
LIFE TENANT. See Oil and Gas Rights. LIMITATION OF ACTION. Statute of, does not apply to subscription of corporate stock where delay was result of corporate policy in which sub- scriber united as director. (O. C.)..... Bar of statute to claim against decedent's estate not removed by provision in will that executors should pay claim out of uncollectible life insur- ance policy. (O. C.)...........
LIQUOR LAW. Furnishing by club to its mem- bers of liquor, each paying cost of what he con- sumes, is not a sale.......
Discharge of or requittal of plaintiff does not throw burden of proof upon defendant to show probable cause, if plaintiff's own testimony shows its ex- istence
Homicide affords probable cause for prosecution...... Ib MALPRACTICE. See Negligence.
JURY PANEL. When challenge to array of jurors will be quashed....... LAND, RIGHT TO SUPPORT OF SURFACE. Where mineral estate in land is separated from surface, owner of latter entitled to support of sur- face from owner of mineral estate unless owner of surface has released right to support.................. 67 LANDLORD AND TENANT. Acceptance of overdue rent does not waive stipulation in lease, which provides that failure to pay rent within
MARRIED WOMEN. See Wills.
including future advances or any one else, as well as before..... Contract by married woman to trade real estate must be acknowledged separate and apart from husband. (C. P.)..............
Under what circumstance contract to sell real estate to married woman, made through her husband, will be set aside for fraud.. Since Act of 1893, burden of proof is still upon mar- ried woman when claiming against her husband's creditors, property conveyed to her during cover- ture, that it was purchased out of her own estate or gift to her.......
Surety for fulfillment of building contract, provid- ing that there shall be no lawful claims for work or material to original contractor, cannot file lien for material furnished by himself.. In sci. fa. on mechanic's lien, sufficiency of lien on its face cannot be attacked under plea of non- assumpsit, set-off and payment with leave..... When all provisions of statute, relating to lien are complied with, it is presumed materials were furnished or work done on credit of building........ 89 This presumption may be rebutted by evidence that lumber did not go in building......... One member of partnership satisfied mechanic's lien. Other member then filled petition to have this satisfaction stricken off. The contractor by agreement paid money into bank to await deter- mination of question and second satisfaction of lien is then entered by second partner. Court discharged rule to strike oft first satisfaction. Held, that it then should make absolute rule on bank to pay to contractor....... MOORE, W. D., ESQ. Meeting of the Bar of Alle- gheny County on the death of.. MORTGAGE, FORECLOSURE OF. See De- fenses-Trusts and Trustees.
Where husband deeds property to his wife without consideration, who gives mortgage to husband's son, the wife thinking she was getting life estate with remainder to son, and later husband in set- tlement of a controversy agrees that his wife should have property in fee, son is entitled to foreclose mortgage on death of the wife............. In such case, where son knew terms of settlement, and assented to them, but did not understand his rights and did not know of his interest in mort- gage, he is not estopped from claiming under mortgage........
Neither will testimony of plaintiff that he told de- fendant's manager that engineer of boiler was incompetent be sufficient to sustain verdict for plaintiff when denied by manager.... Where change of grade of street is ordered by bor- ough, it is duty of authorities that it be made without danger to travellers, and where accident results it is for jury to say whether it was neces- sary to deposit on street material used in grading.. 106 Fact that owner of lot abutting on street on which dirt is deposited in grading street, is councilman, does not render borough negligent in action for personal injury resulting from condition of street.. Ib Plaintiff who falls into hole on lighted part of street familiar to her, which had been there for years, cannot recover. (Super. Ct.)
In action against mechanic who was employed by plaintiff to put in gas fixtures, for injury result- ing from imperfect work, whether it was negli- gence for plaintiff to go in search of gas leak with a lighted taper is question for jury................ Person familiar with one side of street, who crosses to the other on dark night, with which side she is not familiar, and falls into hole in street, which is not protected, not necessarily guilty of negli- gence..... Under what circumstances will binding instruc- tions be refused defendant, a gas company, for injury resulting from an explosion in a cellar into which gas from one of its pipes, under an adjacent street, was escaping........
308 Act of May 11, 1893, requiring person in charge of erection of building to have scaffolding above third floor, does no make them liable in damages to person injured for failure to comply with act.... 365 In action for personal injuries, where facts are not clear and simple, and where existence of con- tributory negligence depends upon inference to be drawn from evidence, question must go to jury. 386 Whether plaintiff has been careful in use of way of departure from railroad station, and whether de- fendant company has provided safe mode of pas- sage is for jury......
What action of crew of train passing public cross- ing will render railroad liable for injury..... Under what circumstances will question be for jury, of whether plaintiff, who was injured by being thrown by his horse under train from the public road which ran parallel with railroad, used rea- sonable prudence in driving upon that part of road from which he was thrown upon tracks........ 417 NEGOTIABLE INSTRUMENTS. Owner of check uses due diligence in its collection by de- positing it in a bank after three o'clock, it having been received by him after three, which bank sends it next day to the bank through which it clears and which in time presented it for pay. ment next day.......
In action by holder of note for value, and in good faith against accommodation indorser, latter can- not defend on ground that note was stolen from him by person who sold it to plaintiff. (O. C.)...... 147 NEW TRIAL. When new trial will be granted when court misconstrues whether contract on question of whether specified sum was penalty or liquidated damages for delay. (C. P.)......... Remarks of counsel, when ground for. (Q. S.)... What conduct of plaintiff's agent, toward jurors after verdict has been rendered, will justify grant- ing new trial. (C. P.).....
NOTICE OF CLAIM OF TITLE. See Ejectment. NUISANCE. Shanty boat located on bank of navi- gable river, below high water mark and used as residence, is nuisance. (C. P.)..........
NATURALIZATION. What every applicant for naturalization should know. (C. P.).......... No law imposes duty of naturalization on State courts..
Municipal authorities can remove such a boat on refusal of owners to do it....
NURSING, SUIT FOR SERVICES. See Master and Servant.
OIL, ACTION FOR. Claimant of oil cannot sue
pipe line for it, or for value thereof, if it has been received from well of third person who is in pos- session of well...
OIL AND GAS CONTRACT. See Evidence. OIL AND GAS. Implied condition in every oil lease that lessee shall put down sufficient num- ber of wells to secure the oil for common advan- tage of lessor and lessee....... Duty of lessee in oil lease to so conduct his efforts as to bring oil to the surface for benefit of both lessor and lessee... Lessee, who has two adjoining oil leases, will be compelled to operate wells on one of the leases if it appear that he is operating wells on the other lease so as to draw the oil from under land cov- ered by first lease to the injury of lessor...... In oil lease from tenant for life and remainder- men, where certain per cent. of oil obtained is to be paid as rent, life tenants entitled for life to in- terest on rent and principal to the remainder- men.........
Life tenant of land upon which no wells for oil or gas have been opened cannot operate or lease land for oil or gas purposes, and her lessee for such purposes are trespassers..
As life tenant has no right to make lease of land, which has not been drilled for oil and gas pur- poses, lessee is not bound by covenants in lease... Ib What terms and conditions of oil lease will be con- strued to be for benefit of lessor..... What entry be lessor on leased premises will not amount to eviction.. Ib
What will be considered constructive eviction on part of lessor......
ORPHANS' COURT. Allowance for support of minor by petitioner will not be sustained if guardian of minor was compelled to expend money in employing counsel to collect from peti- tioner, as administrator, minor's distributive share. (O. C.)........
Under 59th section of Act of 1834 executor cannot petition Orphans' Court for rule to show cause why owner of land, who purchased from devisee under will, should not pay executor certain sum charged on land by will...
ORPHANS' COURT-PRACTICE. For what bill of review will be granted. (O. C.).................. 435 ORPHANS' COURT SALE. See Administrators and Executors.
PARTITION, Under what circumstances will
partition by bill in equity lie of land, which by terms of will was to be sold by executors upon agreement of the widow and children when no agreement has been reached and no sale made.... 213 PARTNERSHIP. Two partners after dissolution, in order to realize on a debt bought a farm from debtor's wife, each taking title to undivided one- half. Held, one partner could not buy half of other partner for purpose of selling whole at profit to himself at expense of partner.... Only unambiguous and clear words in will make general estate of deceased partner liable for debts contracted after his death. (O. C.).................... Surviving partner in mercantile business can make small purchases to enable him to close out business.....
Such purchases entitled to preference in distribu- tion, and deceased partner's estate liable therefor. Ib What action on part of one member of partnership in selling partnership property and fraudulently concealing price from other partners, will render partner liable, together with his agent, who par- ticipated in the fraud, to account for profits to other partners...........
PARTY WALLS. Under Act of April 10, 1849, original owner of party wall, who stipulates in conveying lots on each side thereof, that grantees should not make use of party wall without pay- ing stipulated price therefor, cannot maintain action for use thereof if he has conveyed both lots, but such action is in grantees..... Right of first builder to party wall passes to grantee of land unless otherwise provided....... PHYSICIANS. See Negligence. PRACTICE. Where plaintiff does not file declara- tion for fifteen years after filing præcipe, and there is rule of court to the effect that nonsuit may be entered if no declaration is filed within three months, nonsuit is properly entered..... Statement of claim must be filed before return-day to entitle plaintiff to judgment for want of ap- pearance. (C. P.)...........
PRACTICE-Continued. Unless suit brought and statement served fifteen days before return-day plaintiff cannot take judg- ment for want of sufficient affidavit of defense, unless defendant has fifteen days' notice Appeal from assessment of four of six lots on same street, assessed for same improvement, does not stop collection of assessment from other two......... 346 PRACTICE, Making a Record for an Appellate 201 Court. Article on........ PRESUMPTION. Fact that property was bought with partnership funds rebuts presumption that partners are tenants in common, arising from fact that deed conveys to them individually. 231 Fact of finding man dead on public road upon which he was driving, and which was in bad repair, does not raise presumption of negligence on part of township resulting from bad condition of road.....
PROBABLE CAUSE. See False Arrest. PROXIMATE CAUSE. Under what circum- stances will the leaving open of the door of freight car through which sparks from a fire upon property adjoining the railaoad entered and set fire to the contents, be considered the proximate cause of the loss.....
QUESTION FOR THE JURY. Under what circumstances will it be considered proper to refuse binding instructions for the defendant in action of assumpsit to recover balance from broker alleged to be due on stock transaction, where it appears that plaintiff and his son, whose name was the same, kept separete accounts with defendant,-plaintiff for stock transactions and son for wheat transactions,-who also testify that their accounts were each opened with their own money, but defendant contended that both trans- actions were for benefit of son, and consequently sold out plaintiff's stock to make good the son's losses..... ... 293 QUESTION OF LAW RESERVED. See Practice. Question of law reserved, proper form of. (C. P.)... 350 RAILROADS. See Street Railways.
Under Act of April 9, 1856, railroad in constructing water station may include the taking of water and water rights. (C. P.)........... Since Act of February 17, 1871, question of whether lateral railroad is a necessity, and amount of damages to be assessed for land taken is for jury. (C. P.).......... Necessity of road must be determined before bond can be given by company desiring to build........... Ib RECEIVERS, ACTIONS AGAINST. Under what circumstances persons selling goods to re- ceiver of corporation, stand on same footing as other creditors and cannot recover back goods. (C. P.)....... RECEIVERS' CERTIFICATES. Under what circumstances receivers' certificates issued to take up others, which are a first lien, lose the preference given to those first issued.. Receiver's certificates issued by order of court, which are not made first lien, are not entitled to preference....... Ib RENT. Where defendant leases land over part of which railroad has bridge, cannot defend in action for rent on ground that railroad used part of leased land in repairing its bridge........... RENT, DISTRESS FOR. If person distrains for rent under statute, failure to make appraisement renders lessor trespasser ab initio.. REQUISITION, EXPENSES OF. Under Act of March 31, 1860, person authorized by requisition to apprehend person in another State, is entitled to pay for reasonable services and expenses. (C. P.)........
In suit against corporation before justice return of summons, showing service "at the office in presence of A.," without it appearing that latter was representative of corporation, is defective. (C. P.)....
233 In such case, insufficiency of service, not cured by record of justice, which shows appearance of A., but no authority for him to appear for defendant. Ib When service of summons on agent of company, having no regular place of business in this State, will be sustained. (C. P.)..
Burden of proof on defendant to show return of service of writ was false... SUPERSEDEAS. See Appeals.
Notice to school directors of time and place of hearing of petition for appointment of inspector not required by Act of June 6, 1893..... Lawyer may be appointed inspector..... Under what state of facts will parochial school be considered public charity and exempt from tax- ation under Act of May 14, 1874. (C. P.). What buildings annexed to such school will be ex- empt from taxation........
Act of July 2, 1895, relative to the admission and instruction of children of soldiers of war of re- bellion in schools outside district in which pa- rent's reside, is unconstitutional. (C. P.)............... 441 SHANTY BOAT. See Nuisance. STENOGRAPHER'S NOTES. When official stenographer's notes, taken at former trial, not admissible in evidence under Act of 1887. Paper signed by stenographer of court below, stat- ing that certain instructions contained in certi- fled record had been incorrectly transcribed by him, will not be considered in Supreme Court..... 402 STOCK TRANSFERS. Stock certificate "trans- ferable personally or by attorney on books of company" does not estop corporation for assert- ing lien on stock against trausferee thereof.... Act of April 29, 1874, par. 7, relating to transfer of stock certificates, does not prohibit transfer of stock, though transferee be indebted to corpora- tion otherwise than that growing out of original subscription or subsequent calls... STREET IMPROVEMENTS. See Practice. Borough officials, after proper notice of proceed- ings before viewers to assess damages, cannot have case sent back to viewers or new viewers appointed because former failed to be present...... 124 Under Act of June 13, 1874, appeal must be taken within thirty days from filing of viewers' report. Ib That part of Act of April 1, 1871, relating to change of grade in street in city of Allegheny, unconsti- tutional..
Change of grade of street and assessment of dam- ages, under Act of 1871, in city of Allegheny, which is unconstitutional, does not prevent as- sessment of damages under Act of 1891. Testimony as to what proper cost of street pave- ment should be in appeal from finding of board of viewers, must be confined to what that cost would justly have been at time pavement was laid.. Findings of viewers should not be disturbed except for clear error.... Assessments for construction of sewer cannot be taxed upon non-abutting property owners.... Under what circumstances property owners can appeal from board of viewers for costs of laying sewer where no damages are awarded. 318, 320 Act of May 16, 1891, relating to street improve- ments, supersede all other local laws except so far as may be necessary to complete improve- ments then under way, or to collect assessments made in pursuance of local laws for improve- ment before passage of general act. (C. P.)......... 378 STREET RAILWAYS. Under what conditions
street railway may build and operate its line through streets of borough or township.. Steam railway can only question rights of street railway running through borough or township when it can show special damage or interest different from that of the public....... Steam railway can insist that street railway's bridge over its road be made safe. Under what circumstances will court of equity re- fuse to enjoin laying of street car tracks on street around curve of plaintiff's property. (C. P.)....................... 141 SUBROGATION. Guardian who advances bal- ance found on settlement of his account, is enti- tled to subrogation to remedies of late ward as against his agent who had wrongfully retained possession of the assets represented by the de- cree. (O. C.).........
SUMMONS. What service of summons upon de- fendant, who does not appear, will be held suffi- cient to sustain judgment against him upon transcript filed in court. (C. P.).........
Unless surety pays debt in full he is not entitled to subrogation to any part of the rights of credi- tor.....
What is the extent of jurisdiction of Common Pleas over trustee in trust mortgage set forth. (C. P.)... 396 USE PLAINTIFF. Defendant in suit on an ac- count cannot attack title of use plaintiff where it appears that legal plaintiff assigned account to receiver who had power to complete outstanding contracts, to pay expenses of business and to in- dorse for purpose of business paper coming into his hands, and receiver assigned to use plaintiff, and fact that sum sued for has been attacked in hands of legal plaintiff and receiver by Ohio court is no defense if defendant was not served with attachment..
VIEWERS, REPORT OF. See Street Improvements. VENUE, CHANGE OF. After change of venue has been granted under Act of March 22, 1856, petition for a change of venue under Act of March 30, 1875, presented on the day set for trial will be refused. 251 Mere personal opinion of trial judge toward de- fendant's newspaper, without any expression of opinion regarding case on trial, not sufficient to sustain plea to jurisdiction of court.. VOLUNTARY ASSOCIATION. Under what cir- cumstances will majority of members of one lodge of voluntary association, which is subordi- nate to grand lodge of that association, upon at- taching themselves to another lodge be restrained from taking posession of personal effects of lodge to exclusion of minority members who remain true to original lodge. (C. P.)................................ WAGES. A judgment obtained by a debtor against his creditor under the provisions of the Act of May 23, 1887, relating to the assignment of wage claims to persons outside the State for the pur- pose of collection, cannot be attached in execu- tion by the wife of the creditor to whom the judg- ment has been assigned......
WATER COMPANIES. Borough permitting com- pany incorporated under Act of April 29, 1874, to supply water to public, cannot subsequently con- tract and operate water works...... Courts cannot, under Act of April 29, 1894, prefer in first instance general tariff of water rates and compel companies to furnish water at such rates What will be considered reasonable system of wa- ter rates......
What companies after once locating pipe-lines will be enjoined from laying out over same land new or additional route for pipes. (C. P.)........... WATER RIGHTS. Right to spring water flowing from owner of land, whose property is condemn- ed by plank-road company, is entitled to water from spring on embankment by side of road opened by cut made in opening the road.... WIDOW'S ESTATE Widow of intestate who leaves issue is entitled to one-third of value of coal in place from purchasers of coal lands from heirs of intestate.
WILLS. See Testamentary Capacity.
Petition to admit subsequent will to probate im- plies revocation of probate of prior will. (O. C.)... 80 Paper reading, "In case one of us should die our money shall fall to one living," is double will revocable by both...
Sole legatee in will who surrenders will to sole legatee under former will, upon agreement that latter would give his estate to him upon his death, cannot probate lost will upon failure of legatee, to whom he gave it, to bequeath it to him, but must proceed against his estate. Where one part of residuary estate is for widow for life, and then payment of special legacy thereout, and other part is presently payable to next of kin, failure of widow to take does not make special legacy payable out of latter fund. (0. C.)........
Testator devised property to wife for life, and on her death to children, A., B. and C. If A. should die leaving heirs their share to be held in trust until they reached twenty-one years, and if they all die before reaching twenty-one then A.'s share goes to B. and C. Held, A. on surviving widow takes a fee-simple. (C. P.).... What testimony on the question of undue influ- ence produced before the Orphans' Court will be
Testator gave his son R. and daughter C. farm and all farming utensils, in equal shares, and directed "if my daughter C. dies unmarried, her brother R. shall have what remains of her share of my property, and if she marries, then her brother R. shall pay her $1,000 as her share of my estate." Held, that quoted words refer to marrying or dying during testator's lifetime........... 299 Testator gave his estate to his wife absolutely, but followed this with limitation of the gift as to two shares of stock to its income for life and gift over to daughter, and directed that remainder of estate, after payment of wife's debts and funeral expenses, be divided between his four children. Held, widow took stock for life and balance of estate absolutely. (O. C.).......... 341
What words in a will, which devises certain land to his daughters in fee with devises over in case any of his children shall die without leaving law- ful issue, indicate the actual intent of testator to refer to death of testator in testator's lifetime...... 343 What words in will sufficient to create separate use trust of personal property Ib In issue devisavit vel non, what evidence will be considered insufficient to justify jury in finding that testator did not understand the writing or that he did not intend it to be his will. 347 Will of married woman, without witnesses, is not validated by Act of June 3, 1887, passed after making of will, but before her death... What writing in nature of will, but not attested by witnesses, will be considered sufficient evi- dence of valid trust to entitle, beneficiaries to take, though gift to charities therein named are avoided by Act of April 24, 1855. (O. C.)................... 415 WITNESS. See Evidence.
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