INSURANCE, FIRE-Continued.

Agreement in policy to submit disputed questions
to arbitrators, to be afterward agreed upon, is re-
vocable at any time...

333

Ib

449

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...

113

303

353

209

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......

351

Ib

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

103

423

Ib

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..

Ib

364

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.....

363

331

Ib

.......... 217

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......

LIBEL. See Damages.

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........

Ib

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.......

219

251

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

Ib

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.

MARRIED WOMEN-Continued.

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.......

161

172

Ib

186

274

54

57

57

58

Ib

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........

297

133

239

Ib

182

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......

388

394

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.......

33

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.).....

56
153

424

117

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.)..........

360

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....

Ib

121

Ib

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..

52

21

Ib

Ib

41

214

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...

421

Ib

48

244

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.....

75

210

Ib

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.)...........

451

375

320

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.....

399

83

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.)........

395

257

126

412

SUMMONS-Continued.

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.

338

Ib

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........

279

Ib

330

Ib

336

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..

115

Ib

159

Ib

255

Ib

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

317

134

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.....

85

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..

284

Ib

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......

338

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.

102

285

Ib

406

105

454

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

Ib

Ib

122

176

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.

384