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7, 224,

Ch. 231, § 110b.
Laws 1922, ch.
Ch. 231, § 116.
Ch. 231, § 120.
Ch. 231, § 122
Ch. 231, § 124.
Ch. 231, § 127.
Ch. 231, § 128.
Ch. 231, § 138.
Ch. 231, § 145.
Ch. 232, § 1.

Ch. 232, § 2.
Ch. 233, § 22.
Ch. 233, § 23.

Ch. 233, 65.

276, 900, 902
Added by
532, § 8.. 658

696 Art. 1, § 6.......

703

NEW YORK.

CONSTITUTION.

342

1882, ch. 410, § 990..

1882, ch. 410, § 1991.
Amended by Laws 1918,

ch. 179..

1897, ch. 378. See City
Charter of Greater New
York.

197

...

342

625

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41

(Laws 1920, ch. 925)

Charter of Greater New

York.

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1918, ch. 179...

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224

§§ 243, 262, 422, 424, 425 381

1919, ch. 629.

430

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1920, ch. 640.

622

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355
700

Practice Act.

RULES OF CIVIL PRAC-

1922, ch. 660..

648

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TICE.

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681

OHIO.

CEDURE.

662 CODE OF CRIMINAL PRO-

674 §§ 22, 343, 344, 542...... 645 Art. 1, § 1..

CONSTITUTION

100

Art. 1, § 10.

.90, 808

226

Art. 1, 19.

100

230

CONSOLIDATED LAWS.

Art. 2, §§ 1, 22.

100

574

Art. 4, § 4.

311

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Arbitration Law.

Art. 4, 6.

.308, 311, 804

.661, 783 $ 3

203

Art. 4, § 20.

67

3

436

Art. 6, § 3.

87

23

Art. 10, $ 7.

100

11

Decedent Estate Law.

Art. 12, §§ 2, 4, 5, 6.

100

Ch. 278, § 34.

Ch. 279, § 1.

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Art. 18, §§ 2, 3, 13.

100

Insurance Law.

GENERAL CODE.

SPECIAL LAWS.

§ 126

389

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808

141, amended by Laws

1919, ch. 187, §§ 1-10.... 677

614-87

84

1922, ch. 660...

648

614-88

808

§§ 141a, 141b. Added by

LAWS.

Laws 1922, ch. 660..... 6481465-37 to 1465-108 306

§§ 1089-9, 1177-12.

417

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1888, ch. 429.

49

Penal Law.

§§ 1465-68a,

1465-68b,

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ed by Laws 1890, ch.

§§ 1290, 1293a.

4324214

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341, 1.

49

§ 1592

6254270. Amended by Laws

1890, ch. 341, § 1

49

1920, p. 1208..

51

1890, ch. 421, §§ 1, 21.

49

Personal Property Law.

4313

51

1892, ch. 435, §1....

1894, ch. 288.

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203

4736

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1894, ch. 367, § 16.

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6212-37

108

1894, ch. 548, §§ 23, 24.

357

§ 104

345

6212-43

82

1895, ch. 281.

49

§ 141, subsec. 4.

636

$86290, 6291.

100

1895, ch. 450.

265

§ 6292. Amended by Laws

1895, ch. 450, § 2.

265

Railroad Law.

1923, p. 222.

100

23 § 91

Real Property Law.

9$ 242

$ 199

1912, ch. 390..

1912, ch. 571.

Workmen's Compensation Law.

244 Ch. 67
244 §§ 11, 16...

1897, chs. 431, 490.
1903, ch. 437, §§ 27, 40.
1908, ch. 379, § 1.
1909, ch. 490, pt. 1, § 23.
Amended by Laws 1918,
ch. 129.

775 § 94, subsec. 4..
258

1909, ch. 490, pt. 3, § 41.. 801
1909, ch. 490, pt. 3, § 45.
Amended by Laws 1912,
ch. 390.

1911, ch. 751.

Amended

by Laws 1912, ch. 571...

1912, ch. 542..

1913, ch. 577, § 3. Amend-

ed by Laws 1914, ch.
119, § 2..
1914, ch. 119, § 2..

Ch. 60
7062, subsec. 6..

21 214. Amended by Laws
706 1920, ch. 640.....
700 88 218, 219...
21

622 $8 12400, 12432.
§ 12760
§§ 12842, 13571,
13587, 13659..
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377

Laws 1923, p. 301...... 892

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Amended by

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

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STIPULATIONS.

of

~3 (111.) Parties waive informalities
pleadings by stipulation as to pleadings or is-
sues for trial.-People v. Lord, 146 N. E. 506.
18(9) (N.Y.) Agreement to deduct certain
amount from verdict binding.-Larscy v. T.
Hogan & Sons, 146 N. E. 430.

STREET RAILROADS.

II. REGULATION AND OPERATION.
100(1) (Mass.) Minor pedestrian held neg-
ligent. Sullivan v. Boston Elevated Ry. Co.,
146 N. E. 24.

117(5) (Mass.) Evidence held insufficient
to make jury question as to motorman's negli
gence. Glennon v. Boston Elevated Ry. Co.,
146 N. E. 250.

117(5) (Mass.) Questions of negligence of
street railroad held for jury.-Sharp v. Boston
Elevated Ry. Co., 146 N. E. 251.

117(7) (Mass.) Evidence held not to war-
rant submission of negligence in striking minor
pedestrian, attempting to board car.-Sullivan
v. Boston Elevated Ry. Co., 146 N. E. 24.

117(26) (Mass.) Questions of due care of
automobile driver held for jury.-Sharp v. Bos-
ton Elevated Ry. Co., 146 N. E. 251.

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I. NATURE AND EXTENT OF POWER IN
GENERAL.

(Mass.) Tax on income from property is
in essence a tax on property.-American Mfg.
Co. v. Commonwealth, 146 N. E. 801.

III. LIABILITY OF PERSONS AND
PROPERTY.

(A) Private Persons and Property in Gen-
eral.

88 (Mass.) Nonresident brokers, holding
warehouse receipts, held "owners" of cotton.-
Brush v. City of New Bedford, 146 N. E. 9.

104 (Mass.) Resident executors appointed
under foreign will, not acting as trustees, held
not liable for income tax on sale of intangi-
bles.-Brewster v. Commissioner of Corpora-
tions and Taxation, 146 N. E. 259.

(B) Corporations and Corporate
and Property.

Stock

117 (Mass.) Franchise tax of New York
held to be tax on income itself.-American Mfg.
Co. v. Commonwealth, 146 N. E. 801.

145 (N.Y.) Exercise by railroad of right to
cross navigable waters held assessable as a
"special franchise."-People ex rel. New York
Cent. R. Co. v. State Tax Commission, 146 N.
E. 197.

146 N.E.-61

Exemptions.

—244 (III.) operty owned by church and
used as pastor' esidence held taxable.-People
v. Methodist Episcopal Church of Waukegan
Station, 146 N. E. 165.

V. LEVY AND ASSESSMENT.
(D) Mode of Assessment of Corporate
Stock, Property, or Receipts.

376 (3) (Mass.) To require value of prop-
erty in another state to be deducted from cor-
porate franchise, tax must be actually levied
on property; "subject to."-American Mfg.
Co. v. Commonwealth, 146 N. E. 801.

Merchandise of domestic corporation situat-
ed in New York held not subject to taxation
there, within statute as to deduction from
franchise value.-Id.

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496 (10) (N.Y.) Taxpayer, seeking revision
of assessment, must not only prove error, but
its exact amount.-People ex rel. Charles Kohl-
man & Co. v. Law, 146 N. E. 622.

496(12) (N.Y.) Appellate Division held un-
authorized to remit proceedings to state tax
commission, where relator failed to fix amount
of alleged error in assessment.-People ex rel.
Charles Kohlman & Co. v. Law, 146 N. E. 622.

VII. PAYMENT AND REFUNDING OR RE.
COVERY OF TAX PAID.

537 (Ind.App.) Taxpayer's right to recov-
er taxes wrongfully assessed not changed, be-
cause county treasurer had distributed money.
-American Mills Co. v. Fifer, 146 N. E. 870.

543 (1) (Ind.App.) Taxpayer's action,
against county treasurer to recover taxes
wrongfully assessed, cannot be maintained.-
American Mills Co. v. Fifer, 146 N. E. 870.

X. REDEMPTION FROM TAX SALE.

696 (Mass.) Statute providing method of
redeeming property from tax sale by payment
to collector must be strictly construed.-Hods-
don v. Weinstein, 146 N. E. 675.

713 (Mass.) Certificate issued by ex-tax
collector for redemption of property from tax
sale held without legal effect.-Hodsdon v.
Weinstein, 146 N. E. 675.

724 (Mass.) Money received for redemption
of property from tax sale must be paid to per-
son at time holding office of tax collector.-
Hodsdon v. Weinstein, 146 N. E. 675.

XI. TAX TITLES.

(C) Actions to Confirm or Try Title.
810(1) (III.) Burden of proving validity of
tax deeds on persons claiming thereunder.-
City of Chicago v. Collin, 146 N. E. 741.

810(3) (H.) Judgment declaring tax deeds
void beld warranted.-City of Chicago v. Collin,
146 N. E. 741.

(D) Rights and Remedies of Purchaser of
Invalid Title.

819 (Mass.) Right to relief of grantee in
tax deed is dependent on full performance of
acts required by statute.-Byrne v. Inhabitants
of Town of Sharon, 146 N. E. 706.

(D) Direction of Verdict.

821 (4) (Mass.) Failure of grantee of tax
deed within six months after date of the deed 174 (Mass.) Request for ruling held in ef-
to offer by writing to surrender or discharge fect motion for directed verdict, properly de-
deeds, precluded recovery of money paid there- nied.-Carp v. Kaplan, 146 N. E. 779.
for.-Byrne v. Inhabitants of Town of Sharon, 178 (Ill.) Evidence taken in light most
146 N. E. 706.

TORTS.

See Fraud, 12-52; Libel and Slander,
100-123; Malicious Prosecution, 56-72;
Municipal Corporations, 747-808; Negli
gence, 32-141; Nuisance, 3-34; Tro-
ver and Conversion.

TOWNS.

1. CREATION, ALTERATION, EXISTENCE,
AND POLITICAL FUNCTIONS.

favorable to plaintiff, on defendant's motion
for directed verdict.-Hunter v. Troup, 146 N.
E. 321.

On motion for directed verdict, court can
only consider competent evidence.-Id.

VII. INSTRUCTIONS TO JURY.
(A) Province of Court and Jury in Gen-
eral.

19(2) (III.) Instruction as to presumption
of testatrix's mental capacity held erroneous as
in issue.-Harris v. Etienne, 146 N. E. 547.
assuming due execution when that matter was

3 (I.) Attempt to organize new township
from territory of city comprising one whole 199 (III.) Instruction held erroneous
township and portion of another invalid.
People v. Schillinger, 146 N. E. 444.

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as

submitting legal question whether witnesses
stated facts justifying formation of opinion as
to testatrix's mental capacity.-Britt v. Dar-
nell, 146 N. E. 510.

(D) Applicability to Pleadings and Evi-

dence.

inapplicable and impertinent to facts, rightly
252(1) (Mass.) Requests for instructions,
refused.-Hall v. Kotowski, 146 N. E. 717.

(E) Requests or Prayers.

258(1) (Ohio) Inquiry of counsel held suffi-
cient to direct attention to, and require charge
on, contributory negligence, if it was in issue.-
James v. Cincinnati Traction Co., 146 N. E.
211.

8 (I.) Incorporated labor union held to
have title to property informally transferred 260(1) (Mass.) Error not predicated on re-
to it by unincorporated union sufficient to sue
fusal of requests substance of which was giv-
for loss.-Chicago German Hod Carriers' Un- en.--Finance Corporation of New England v.
ion and Benevolent Soc. v. Security Trust & Parker, 146 N. E. 696.
Deposit Co., 146 N. E. 135.

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2 (Ind.) Legal and equitable issues may be
tried at same time or at different times as court
may direct.-Rich v. Fry, 146 N. E. 393.

(G) Construction and Operation.

295 (5) (Mass.) Charge that, if you give
any value at all it is value, not misleading.-
Finance Corporation of New England v. Par-
ker, 146 N. E. 696.

296 (2) (Ohio) Reading inapplicable statute
to jury held without prejudicial error, in view
of caution thereon.-Ŵ. W. Lawrence & Co. v.
Kern, 146 N. E. 54.

296(3) (Ind.App.) Instruction as to degree
of care required of city, maintaining lighting
plant, held not reversible error.-Town of Ox-
ford v. Scott, 146 N. E. 833.

296 (4,5) (Ind.App.) Failure to include
question of plaintiff's contributory negligence
3 (Ind.App.) Granting of separate trials in instruction held not reversible error, in
against respective defendants generally within view of other instructions and of defendant's
discretion of trial court.-Massachusetts Bond-failure to show contributory negligence.—Arti-
ing & Insurance Co. v. State, 146 N. E. 116. ficial Ice & Cold Storage Co. v. Waltz, 146
N. E. 826.

3 (N.Y.) Equitable defenses triable by
jury same as legal defenses, and issues may be
tried separately.-Susquehanna S. S. Co. v. A. VIII. CUSTODY, CONDUCT, AND DELIBER-
O. Andersen & Co., 146 N. E. 381.

IV. RECEPTION OF EVIDENCE.

(C) Objections, Motions to Strike Out, and
Exceptions.

ATIONS OF JURY,

312(2) (Ind.App.) Oral instruction on dam-
ages, made after request to charge jury in
writing, held reversible error.-Cutler v. David-
son, 146 N. E. 584.

91 (III.) Proper to move to exclude physi-
X. TRIAL BY COURT.
cian's opinion when cross-examination devel-
oped that it was based on history of case. (A) Hearing and Determination of Cause.
Lehigh Stone Co. v. Industrial Commission, 386 (3) (Mass.) Refusal of request, ren-
146 N. E. 533.
dered immaterial by finding, held without error.
91 (Mass.) Refusal to strike hearsay tes--J. G. Pierce Co. v. Wallace, 146 N. E. 658.
timony, admitted without objection, concerning 386 (4) (Mass.) Denial of request that
plaintiff's arrest, held within court's discretion.
-Rich v. Rogers, 146 N. E. 246.

VI. TAKING CASE OR QUESTION FROM
JURY.

(A) Questions of Law or of Fact in Gen-
eral.

138 (Mass.) Trial judge must decide ques-
tion of fact necessary to determine admissi-
bility of offered evidence.-Hart Packing Co. v.
Guild, 146 N. E. 238.

plaintiff in suit for use and occupation could not
recover not error liability for use being ques-
tion of fact.-Lufkin v. Spiller, 146 N. E. 36.

Denying request that defendant was not liable
unless he was owner of business held without
error.-Id.

(B) Findings of Fact and Conclusions of
Law.

395(1) (Ind.App.) Finding that court re-
porter's claim satisfied by payment held erro-

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
neous.-Etzold v. Board of Com'rs of Hunting- V. EXECUTION OF TRUST BY TRUSTEE
ton County, 146 N. E. 842.
OR BY COURT.
395(5) (N.Y.) Where decision found ulti-272 (3) (Mass.) Stock dividend regarded as
mate fact not necessary to find evidentiary capital to be held as part of trust.-Coolidge v.
fact that sale on credit.--Island Trading Co. v. Grant, 146 N. E. 719.
Berg Bros., 146 N. E. 345.

395(7) (Ind.) Finding that plaintiff had
vendor's lien on land sold to defendant for
amount of purchase money held not required to See Trade Unions.
state that he was entitled to a foreclosure of
such lien.-Rich v. Fry, 146 N. E. 393.

UNIONS.

VENDOR AND PURCHASER.

404(4) (Mass.) General finding for plain- See Sales.
tiff imports finding of subsidiary facts neces-
sary to result.-Lufkin v. Spiller, 146 N. E. 36.

TROVER AND CONVERSION.

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I. CREATION, EXISTENCE, AND VA-
LIDITY.

(A) Express Trusts.

13 (Mass.) Trust instrument under seal
and accompanied by actual delivery of proper-
ty not open to attack for want of considera-
tion.-Jones v. Old Colony Trust Co., 146 N. E.
716.

14 (Mass.) Gifts taking effect after set-
tler's death held not to circumvent statute of
wills.-Jones v. Old Colony Trust Co., 146 N.
E. 716.

17, 18(3) (Mass.) Express trust estab-
lished only by writing.-Young v. Young, 146 N.
E. 574.

20 (Mass.) Recital in wife's will held in-
sufficient to create express trust.-Young v.
Young, 146 N. E. 574.

35 (2) (Mass.) Trust inter vivos paying in-
come to settler for life, with right to alter
terms and withdraw principal, held valid.-Jones
v. Old Colony Trust Co., 146 N. E. 716.

|

I. REQUISITES AND VALIDITY OF CON-
TRACT.

21 (Ind.) Contract held to contain sufficient
undertaking by defendant to pay purchase price
of farm on or before certain date.-Rich v.
Fry, 146 N. E. 393.

II. CONSTRUCTION AND OPERATION of
CONTRACT.

46 (Mass.) Word "unable" held obviously
used mistakenly for word "able" in contract
for purchase of land.-New York, N. H. & H.
R. Co. v. Preferred Underwriters, 146 N. E.
905.

IV. PERFORMANCE OF CONTRACT.
(A) Title and Estate of Vendor.
130(1) (Ohio) Purchaser entitled to mar-
ketable title, where contract silent thereon.-
McCarty v. Lingham, 146 N. E. 64.

130(2) (Ohio) Vendor not required to ac-
cept married woman's conveyance with liens
and incumbrances, and without release of hus-
band's inchoate dower.-McCarty v. Lingham,
146 N. E. 64.

Import of "marketable title" stated.—Id.

V. RIGHTS AND LIABILITIES OF PAR-

TIES.

(A) As to Each Other.

~203 (N.Y.) Loss of building by fire required
to be borne by vendor under contract.-Brow-
nell v. Board of Education of Inside Tax Dist..
of City of Saratoga Springs, 146 N. E. 630.

VI. REMEDIES OF VENDOR.
(B) Actions for Purchase Money.
314(1) (Ind.) Allegations held to show
waiver of strict performance of preliminary con-
51 (Mass.) Reservation of income to set-
tler for life did not impair trust's validity.ditions of contract for sale of farm.-Rich v.
Jones v. Old Colony Trust Co., 146 N. E. 716.
Power to change terms of trust held not to
affect its validity.-Id.

Right of donor to withdraw principal did not
defeat trust.—Id.,

(B) Resulting Trusts.

Fry, 146 N. E. 393.

showing and deeds conveying good title held
Performance of condition to deliver abstracts
sufficiently alleged.-Id.

That plaintiff had good title held sufficiently
alleged to withstand general demurrer.-Id.
Complaint held to show that note given in
consideration of sale of farm was executed for
a valuable consideration.-Id.

6334 (11.) Resulting trust arises instant
legal title is taken.-Rolofson v. Malone, 146 N.315(3) (Ind.) Evidence held sufficiently to

E. 169.

Resulting trust arises out of presumed inten-

tion and not agreement.-Id.

69 (.) "Resulting trust" defined.-Rolof-
son v. Malone, 146 N. E. 169.

86 (III.) Payment of consideration raises
prima facie evidence in favor of resulting trust.
-Rolofson v. Malone, 146 N. E. 169.
Evidence held to overcome presumption of re-
sulting trust on husband's purchase in own
name of land with wife's money.-Id.
III. APPOINTMENT, QUALIFICATION, AND
TENURE OF TRUSTEE.

169(3) (Mass.) Child of remainderman held
entitled to notice of petition for appointment
of trustee.-Gallagher v. Sullivan, 146 N. E.
769.

Decree appointing trustee held not subject
to collateral attack.-Id.

Petition for revocation of decree appointing
trustee held appropriate remedy, and properly
allowed.-Id.

prove that note given in contract for sale of
Fry, 146 N. E. 393.

farm was for valuable consideration.-Rich v.

VII. REMEDIES OF PURCHASER.
(A) Recovery of Purchase Money Paid.

334(1) (Mass.) Purchaser unable to ob-
tain title without fault on his part was entitled
to refund of payments.-Buckley v. Meer, 146
N. E. 227.

(B) Actions for Breach of Contract.

342 (N.Y.) Vendee held entitled to recover
either money paid on purchase price for sale
of building destroyed by fire or stipulated dam-
ages.-Brownell v. Board of Education of In-
side Tax Dist. of City of Saratoga Springs.
146 N. E. 630.

343 (3) (Ohio) Vendor's failure to obtain
release of dower and discharge incumbrances
held to give vendee right of action.-McCarty v.
Lingham, 146 N. E. 64.

351 (2) (Ohio) Measure of damages for
vendor's failure to give marketable title stated.
-McCarty v. Lingham, 146 N. E. 64.

WAREHOUSEMEN.

18 (Mass.) Not essential to suit by as-
signee of nonnegotiable receipt and causes of
action for damages that obligee of warehouse-
man's bond should execute assignment.-Com-
monwealth v. Market Warehouse Co., 146 N. E.
29.

25(7) (Ind.App.) Commission merchants
purchasing grain from elevator owner holding
it as batlee held to have acquired no equitable
lien as against bailor for advances to bailee.-
Sawers Grain Co. v. Goodwin, 146 N. E. 837.
45 (III.) Law of bailments applicable to
loss of contents of safety deposit box.-Chi-
cago German Hod Carriers' Union and Benevo-
lent Soc. v. Security Trust & Deposit Co., 146
N. E. 135.

Safe depositary bound to use ordinary care.
-Id.

trix executed will.-Needham Trust Co. v.
Cookson, 146 N. E. 268.

III. CONTRACTS TO DEVISE OR BE-
QUEATH.

58(2) (III.) Findings held to justify order
that oral contract of father with daughter for
grant of land be performed.-Williams v. De
Roo, 146 N. E. 470.

IV. REQUISITES AND VALIDITY.
(B) Form and Contents of Instruments.
98 (Mass.) Gift to beneficiaries named in
husband's will held valid.-Bemis v. Fletcher,
146 N. E. 277.
Testator may incorporate existing paper in-
to his will.-Id.

(F) Mistake, Undue Influence, and Fraud.
157 (III.) Testatrix's relations to benefici-
ary held not to invalidate will for undue influ-
ence.-Britt v. Darnell, 146 N. E. 510.

Will held not void for undue influence of tes-
tatrix's companion and attendant.-Id.
Confidential relation no obstacle to making
will in favor of confidant.-Id.

45 (Mass.) Attorney intrusted with key to
safety deposit box held renter's deputy.-West
v. State Street Exchange, 146 N. E. 37.
47 (11.) Evidence as to amount of prop-157 (Ind.) Testator's intimate relations
erty in safety deposit box held sufficient for
jury. Chicago German Hod Carriers' Union
and Benevolent Soc. v. Security Trust & De-
posit Co., 146 N. E. 135.

Evidence of negligence in loss of contents of
safety deposit box held sufficient for jury.-Id.

WATERS AND WATER COURSES.
See Drains; Navigable Waters.

II. NATURAL WATER COURSES.
(E) Bed and Banks of Stream.
89 (Ind.App.) Contract to convey with ref-
erence to nonnavigable river as boundary held
to entitle grantee to riparian rights.-Vance
v. Wade, 146 N. E. 399.

IV. NATURAL LAKES AND PONDS.
114 (Mass.) Evidence held not to show
willful or malicious injury by not retaining wa-
ter in great pond.-Tillson v. Cranebrook Co.,
146 N. E. 671.

WILLS.

with wife and children, to whom bulk of prop-
erty was devised, not evidence of undue influ-
ence.-Crane v. Hensler, 146 N. E. 577.

158 (Ind.) "Undue influence" must destroy
testator's free agency to vitiate will.-Crane
v. Hensler, 146 N. E. 577.

159 (Mass.) Undue influence must be op-
erative at time will was executed.-Angell v.
Lighthipe, 146 N. E. 692.

163(2) (III.) No presumption of undue in-
fluence arises because fiduciary is made bene-
ficiary.-Britt v. Darnell, 146 N. E. 510.

trix's deceased husband to draw will in favor
Employment of attorney for estate of testa-
of coexecutor held not to raise presumption of
undue influence by attorney.-Id.

163(2)(III.) Testatrix presumed to have
been unduly influenced by her nurse and house-
keeper, who procured her own attorney to
make will and her own friends to witness it.-
Seavey v. Glass, 146 N. E. 536.

163 (4) (I.) Presumption of undue influ-
ence by confidant preparing or participating in
preparation and execution of will.-Britt v.

See Descent and Distribution; Executors and Darnell, 146 N. E. 510.
Administrators.

1. NATURE AND EXTENT OF TESTA-
MENTARY POWER.

15 (N.Y.) Charitable corporation held not
entitled to share in increase in value of es-
tate during tenant's lifetime.-In re Seymour's
Will, 146 N. E. 372.

Administration expenses, etc., paid from, and
profits and losses charged against, part of trust
estate not passing to charitable corporation.
-Id.

Interest during year after testatrix's death
goes to residuum.-Id.

Charitable corporation held not entitled to
share in stock dividends increasing value of
trust estate payable to it after life tenant's
death.-Id.

II. TESTAMENTARY CAPACITY.
31 (Mass.) "Soundness of mind" to make
will defined.-Needham Trust Co. v. Cookson,
146 N. E. 268.

50 (II.) Rule as to mental competency,
stated. Seavey v. Glass, 146 N. E. 536.

52(1) (II.) Burden on contestants to prove
testator's insanity.-Britt v. Darnell, 146 N.
E. 510.

164(4) (II.) Exclusion of will of testa-
trix's deceased husband, and records offered to
show confidential relation between testatrix
and beneficiary held not error where such re-
lation was otherwise established.-Britt v.
Darnell, 146 N. E. 510.

165(2) (Ind.) Testator's statements at
other times than when executing will incom-
petent evidence of undue influence.-Crane v.
Hensler, 146 N. E. 577.

166(1) (III.) Delay in settlement of estate
held not to show purpose of influencing decs-
dent's widow to make will.-Britt v. Darnell,
146 N. E. 510.

166(1) (III.) That principal beneficiary was
active in procuring will, and testatrix in feeble
condition, may be considered as to undue in-
fluence.-Harris v. Etienne, 146 N. E. 547.

(G) Revocation and Revival.

197 (III.) Will did not become effective in
favor of substituted devisee, in absence of pub-
lication after alteration.-Cantway v. Cantway,
146 N. E. 148.

V. PROBATE, ESTABLISHMENT, AND AN-
NULMENT.

(B) Actions to Establish or Determine
Validity in General.

53(1) (1.) Will of testatrix's deceased
husband and records in connection with his es- 224 (11.) Will cannot be reformed because
tate held inadmissible to show that testatrix of mistake by testator.-Fuller v. Fuller, 146
did not appreciate amount or value of her prop-N. E. 174.
erty.-Britt v. Darnell, 146 N. E. 510.

(H) Evidence.

55(7) (Mass.) Evidence held to support 290 (III.) Testator presumed to have sub-
finding of unsoundness of mind at time testa-Istituted name of devisee for another with in-

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