EXECUTORS AND ADMINISTRATORS.

Real property of decedent sold on foreclosure
three years after letters issued held not liable.
under Code Civ. Proc. § 2750, for the payment
(Sup.) 937.

See "Descent and Distribution"; "Wills."
Appointment of administrator of estate of In- of the decedent's debts.-Reynolds v. Britton

dian, see "Indians."

Courts of probate, see "Courts," § 4.

Gifts to executor or administrator, see "Gifts,"
§ 1.
Limitation of action to require executor to ac-
count, see "Limitation of Actions," § 1.
Power under will to select beneficiaries, see
"Wills," § 5.

Right of executor of deceased stockholder to in
spect corporate books, see "Corporations,"
§ 4.

Testamentary trustees, see "Trusts."

§ 1. Appointment,

tenure.

qualification,

and

Under Code Civ. Proc. § 2660, a person nomi-
nated in the petition for appointment as admin-
istrator, not being of the next of kin, or a cred-
itor of decedent, is not entitled to appointment
in preference to the county treasurer, without
being joined with others who have a right prior
to the treasurer.-In re Printup's Estate (Sup.)

74.

§ 2. Collection and management of es-

tate.

*An estate held not liable to a surety on the
bond of the executrix's agent.-Farrelly v.
Schaettler (Sup.) 445.

As incidental to a mortgagee's executrix's
authority to foreclose the mortgage, she could
dispose of the property which came to the
estate through the foreclosure.-Bryan v. Car-
roll (Sup.) 668.

The power of an executor to sell real estate
and distribute the estate cannot be exercised
after devisees have conveyed a part of their
interests in the estate.-Van Norden Trust Co.
v. O'Donohue (Sup.) 948.

*A temporary administrator may employ an
attorney for advice as to the management of the
estate, under Laws 1837, p. 529, c. 460, $ 24.
and Code Civ. Proc. § 2672.-In re King (Sup.)
1073; Foulds v. King, Id.

*A proposed compromise to determine testa-
tor's interest in certain speculative property
approved. In re McCabe (Sur.) 679.

An executor purchasing property of the
estate held chargeable with its fair value where
parties interested elected to treat the sale as
consummated.-In re Haug (Sur.) 850.
§ 3. Allowance and payment of claims.
Where plaintiff sued an executrix for services
rendered her testator, evidence that after the
rendition of such services, other services were
performed, and a bill rendered for them, with-
out including a charge for the services sued for,
was admissible.-Place v. Place (Sup.) 781.

Where plaintiff sued an executrix for services
rendered her testator, evidence that plaintiff was
working at his own trade during the time he
claimed to have been employed, and inde-
pendently of any employment by testator, was
admissible.-Place v. Place (Sup.) 781.

Under Code Civ. Proc. § 1822, consents for
the hearing of claims by surrogate not filed un-
til about 11 months after rejection of claims
held invalid.—In re Bork's Estate (Sur.) 361.

tor held not exonerated from payment of debts.-
*Will construed, and corporate stock of testa-
In re Bergen's Estate (Sur.) 1038.

§ 4. Sales and conveyances under order
of court.

Where a will provides for the sale of the
realty, the court will not direct an immediate
sale, in the absence of proof of a threatened
Schmitt (Sup.) 935.
abuse of powers by the executors.-Foersch v.

Where the evidence shows a great depreciation
in the value of corporate stock owned by the
estate, an order for its sale to pay debts should
provide that the executors should not be re-
quired to sell until a more favorable opportun-
ity. In re Bergen's Estate (Sur.) 1038.
§ 5. Actions.

Administrator de bonis non, appointed by Sur-
rogate's Court of county of New York, held en-
titled to sue under Code Civ. Proc. §§ 2476, 2478,
to recover for services performed by his intes-
tate, though the latter was domiciled in France
at his death, and his personalty under the laws
of France descended to his heirs at law.-Ham-
ans v. New York Life Ins. Co. (Sup.) 929.

Where one attempts to establish a claim as
creditor of an estate, the administrator must
interpose every available defense, including the
statute of limitations. In re Van Voorhees' Es-
tate (Sur.) 354; In re Dater, Id.; In re Manu-
facturer's Bank of Cohoes, Id.

Omission of administratrix to reject claim
held not to stay operation of statute, and, where
seven years and six months expired from the
time the note became due without any action,
the holder cannot compel representatives of de-
cedent, to account under Code Civ. Proc. § 2726,
nor obtain decree for payment of claim under
section 2722.-In re Van Voorhees Estate
(Sur.) 354; In re Dater, Id.; In re Manu-
facturer's Bank of Cohoes, Id.

§ 6. Accounting and settlement.

Charges for services rendered by an executor
on an accounting held properly allowed out of
the general estate, though the accounting had
to do with the income of a fund held under a
separate trust from that created by the residu-
ary clause. In re Murphy (Sup.) 183.

*Upon the final accounting of an executor,
the costs and allowances should be made to the
parties, and not to their attorneys or counsel.-
In re Wright (Sup.) 369.

*Lapse of time is not of itself a defense to a
petition of a legatee to require the executor to
account, and the question should not be de-
cided before the accounting is had. In re An-
derson (Sup.) 818.
Point annotated. See syllabus.

and 140 New York State Reporter.

*The fact that a certificate of stock or a book | tom of the business until called for, but neither account has not been received by a temporary for sale nor as security for advances to be made administrator does not affect his right to com- or obtained, a pledge of the goods by such agent missions upon the value of the property repre- was unsustainable, under Factor's Act, Laws sented thereby, as it is the property and not the 1830, p. 203, c. 179, § 3.-Schwab v. Oatman evidence of title which controls.-In re King (Sup.) 741. (Sup.) 1073; Foulds v. King, Id.

FALSE IMPRISONMENT.

*The commissions of a temporary administrator are not based simply upon the money actually collected and disbursed, but upon the See "Malicious Prosecution." value of the whole estate received and passed over by him.-In re King (Sup.) 1073; Foulds v. King, Id.

*On the judicial settlement of an executor's accounts, he is chargeable with rents collected, including those collected on devised real estate. -In re Woods (Sur.) 471.

Where an executor has received moneys and paid them out on debts of the estate and legacies, he is not entitled to interest on the bill of the undertaker, forming part of the funeral expenses. In re Woods (Sur.) 471.

*An executor cannot be allowed attorney's fees which he has not actually paid.-In re Woods (Sur.) 471.

*An estate is not liable to an executor for his personal services in repairing and painting the real estate.-In re Woods (Sur.) 471.

*Petition to review final settlement of a decedent's estate under Code Civ. Proc. § 2481, subd. 6, denied, in the absence of fraud.-In re Campbell (Sur.) 677.

EXEMPTIONS.

From inheritance taxes, see "Taxation," § 5.

EXPERT TESTIMONY.

In civil actions, see "Evidence," § 5.

EXPLOSIVES.

A verdict against a railroad company for personal injuries due to an explosion of dynamite being used by a contractor held unwarranted. Hall v. New York, N. H. & H. R. Co. (Sup.) 106.

*A certain keeping of dynamite held not within an ordinance making it unlawful to keep dynamite, except in magazines erected for that purpose, and under a license from the mayor.-Hall v. New York, N. H. & H. R. Co. (Sup.) 106.

EXTENSION.

Of lease, see "Landlord and Tenant," § 2.

FACTORS.

See "Brokers"; "Principal and Agent."
*Where goods belonging to plaintiff were left
in the possession of selling agents under a cus-

FALSE PRETENSES.

*One who pays money to a state game protector for logs cut on the forest preserve is chargeable with knowledge that his act is in violation of Const. art. 7, § 7, and Forest, Fish and Game Law, Laws 1902, p. 896, c. 334, § 222. as amended by Laws 1905, p. 543, c. 285, and a representation by the game protector that he had the right to receive the money will not support a conviction for grand larceny by false representation.-People v. Klock (Co. Ct.) 267.

FEES.

Of attorney, see "Attorney and Client," § 4.
Of sheriff or constable, see "Sheriffs and Con-
stables," § 1.

FELLOW SERVANTS.

See "Master and Servant," §§ 5, 9.

FILING.

Chattel mortgage, see "Chattel Mortgages," § 3.

FINAL JUDGMENT.

Appealability, see "Appeal," § 2.

FINDINGS.

Irregularities or defects ground for new trial,
see "New Trial," § 1.

On reference, see "Reference," § 2.
Setting aside, see "New Trial." § 1.
Review on appeal see "Appeal," § 8.
Special findings by jury, see "Trial,” § 5.

FIRE DEPARTMENT.

In cities, see "Municipal Corporations," § 3.

FIRE INSURANCE.

See "Insurance."

FLOWAGE.

See "Waters and Water Courses," § 2. *Point annotated. See syllabus.

Bar to prosecution, see "Criminal Law," § 3. price for supplies, and noted the reduction on

See "Execution."
*Point annotated. See syllabus.

GAS.

and 140 New York State Reporter

§ 1. Construction and operation.

Consolidation of gas companies, see "Corpora- dor of a contract for the sale of land held not tions," §7; "Monopolies," § 1.

Where licenses granted by a city to certain gas companies to use the streets were limited as to time, such limitation should be construed as applying only to the original placing of the companies' works in the street, and did not affect the term of the corporations' existence. -In re Consolidated Gas Co. of New York (Sup.) 407.

Where gas companies were incorporated to furnish gas to the city of New York, a provision that no street should be dug into without the consent of the municipal body constituted a mere delegation to the city of the right to 8 control the time, manner, and method for and in and by which its streets might be dug into. -In re Consolidated Gas Co. of New York (Sup.) 407.

A guarantor of the performance by the venrelieved by the failure of his principal to obtain title to the land from his vendor, where the failure was by fault of the principal.Sheindelman v. Colyer (Sup.) 762.

GUARDIAN AND WARD.

Guardianship of insane persons, see "Insane
Persons," 2.

HABEAS CORPUS.

1. Nature and grounds of remedy. A defendant charged with a felony of which, by statute, a conviction cannot be had without testimony corroborating that of complainant, is not entitled to release on habeas corpus, not

*An act incorporating a gas company in the withstanding there was no such corroboration city of New York held to vest in the corpora-ple v. Warden of City Prison of City of New on his examination before the magistrate.-Peotion a perpetual property right in the streets which could be taken from the corporation only York (Sup.) 139.

for cause by due legal process. In re Con- & 2. Jurisdiction, proceedings, and resolidated Gas Co. of New York (Sup.) 407.

lief.

On the discharge on habeas corpus of one committed as insane, held an abuse of discre tion to award costs against defendant superintendent of a state hospital.-People v. Palmer (Sup.) 583.

HABITUAL DRUNKARDS.

See "Drunkards."

HARMLESS ERROR.

In civil actions, see "Appeal," § 8.

Of party asking equitable relief, see "Specific See "Food."
Performance," § 1.

Of purchaser, see "Sales," § 2.

GOOD WILL.

*One held to have had no insurance business to which a good will could attach.-In re Case (Sup.) 1086.

GOVERNOR.

Appointment of extraordinary trial terms of
Supreme Court, see "Courts," § 2.

GUARANTY.

See "Principal and Surety."

HEALTH.

Adulteration as a public offense, see "Adul teration."

HEARING.

In probate proceedings, see "Wills," § 4

HEIRS.

See "Descent and Distribution."

HIGHWAYS.

See "Bridges"; "Municipal Corporations," $ 6, 7.

Acceptance of dedication of highway, see "Dedication," § 1.

By trust company, see "Banks and Banking," Accidents at railroad crossings, see "Railroads,"

§ 3.

§ 5.

*Point annotated. See syllabus.

*In an action against a wife for family nec-
Arrest by coroner, of person charged with hom essaries purchased by her while living with her
icide, see "Coroners."
husband, evidence held insufficient to show an
agreement to charge herself personally there-
for.-Valois v. Gardner (Sup.) 808.

False statement that husband had instituted
action for divorce against wife as libelous,
see "Libel and Slander," §§ 1, 3.
Husband as guardian of insane wife, see "In- See "Negligence," § 2.
sane Persons," § 2.

Jurisdiction of municipal court of action for
loss of wife's services, see "Courts," § 3.
Restraining husband from cohabiting with an-
other woman, see "Injunction," § 4.

Trust in, see "Trusts," § 2.
*Point annotated. See syllabus.