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WAIVER - Continued.
Mistrial — verdict received in absence of presiding justice — when irregularity
Terriberry v. Mathot, 235.
Urbansky v. Shirmer, 50.
Matter of Haskin, 754.
1. Duty to keep artificial ditch unobstructed. A railroad company, which has
2. Owner liable for want of reasonable care. It makes no difference that the
3. Charge. Charge as to liability of defendant approved. Id.
Erroneous finding as to height of crest of dam - height of dam to be taken
Remington Pulp & Paper Co. v. Wuter Commissioners of City of
1. Construed devise of life interest with contingent remainders over — - when life
* and my niece * * and to their
İlence, said adopted son cannot specificvily enforce the contract of a third
HOUGHTON and McLaughLIN, JJ. (concurring in result only): The will should
2. Residuary cl iuse construed- when next of kin of deceased resiiluary legatee not
3. Absolute gift cut doron by subsequent limitation. A gift absolute in form may
-4. Equitable conversion. As said will in other clauses effected an equitable
5. Charge — when error to charge that jury may find testamentary incapacity.
Such charge is tantamount to a direction to find testamentary incapacity or undue
6. Discretionary powder of disposal by widow — when widoro may exercise such
to any or all of our children
7. Devisee estopped. As the testatrix, under her husband's will, bad power to
Nor can she contend that there was a failure by the widow properly to exer-
8. Conveyance by warranty deed for full value shows intention to exercise pover.
Hence, the rights of a remainderman as against the grantee are cut off. Vines
9. Porder coupled with interest. When the donee of a power to sell has also an
10. Ilusband not necessary party to wife's deed. It is not necessary for the husband
Trust – beneficiary entitled to “dividends, issues and profits" of stock in
Matter of Stevens, 773.
Dwight v. Lawrence, 616.