§ 182. Remaindermen. III. Equitable estoppel or estoppel in pais; waiver. 1. Who affected. c. The executor and the legatee of tesEstoppel of heirs of remainderman, see ante, tator's personal estate are in privity to such § 181 f. See also ante, §§ 22 h, 96 d, 157 b. a. Life tenants cannot, by their own acts or admissions, defeat or prejudice the rights of the remainderman. Anderson v. Messinger, 7 L.R.A. (N.S.) 1094, 146 Fed. 929, 77 C. C. A. 179. b. Owners of the fee of land are not estopped by the conduct of a life tenant of which they have no knowledge. Welsh v. Taylor, 18 L.R.A. 535, 134 N. Y. 450, 31 N. E. 896. m. Who may set up. § 183. Generally. Effect of counter equities, see ante, § 3 a. Effect of lack of good faith or diligence, see ante, § 40. Effect of knowledge or means of knowledge, see ante, § 41. Necessity of having relied on matter alleged as estoppel, see ante, § 42. Necessity that person asserting shall have changed his position or suffered injury, see ante, § 43. Assignee, see ante, § 68 g. Bona fide purchaser, see ante, § 93 a, d. Creditor, see ante, § 93 b, c, e. an extent that the former may assert an estoppel which prevents a stranger from making claim to the estate against the legatee. Pond v. Pond, 8 L.R.A. (N.S.) 212, (Annotated) 79 Vt. 352, 65 Atl. 97. d. A member of a railroad relief association is not estopped from claiming compensation from the railroad company, being a distinct corporation, for an injury from a collision, by the fact that he had previously been compensated by the relief association for the injury, which he then falsely alleged was caused by malaria, etc. Owens v. Baltimore & O. R. Co. 1 L.R.A. 75, 35 Fed. 715. e. A child of a life tenant cannot, during her lifetime, assert as her "heirs" an estoppel against disturbance of a distribution to her and her heirs of property ineffectually devised either on his own account or by her assertion of it on his behalf, since he cannot identify himself as "heirs," at least where he has not been induced to do, or forbear doing, anything by the conduct of another, to furnish the foundation of an estoppel. Gerard v. Beecher, 15 L.R.A. (N.S.) 900, 80 Conn. 363, 68 Atl. 438. f. Persons with knowledge that a man purchased real estate with his wife's funds, and took the title thereto in his own name, cannot raise an estoppel against her right Patrons of commercial agency, see ante, § to claim the property as against their 105. Strangers, see ante, § 170 a. See also ante, §§ 27 c, e, 28 f, 41 g, 42 f, 43 s, 71 h, 101 m, 107 b, 126 g, 140 1, n, r, 145 a; COURTS, § 349 t. a. Estoppels operate only in favor of parties and their privies. Pond v. Pond, 8 L.R.A. (N.S.) 212, 79 Vt. 352, 65 Atl. 97. b. Estoppel will not lie when a party has not been injured or prejudiced by the action of one asserting a right against him. Thiry v. Banner Window Glass Co. L.R.A.1918B, 1048, 81 W. Va. 39, 93 S. E. 958. claims arising out of credit extended to him. Blake v. Meadows, 30 L.R.A. (N.S.) 1, 225 Mo. 1, 123 S. W. 868. g. One who purchases an interest in an estate without examining the records cannot hold the owner's widow estopped to assert her title to a parcel of the property, by the fact that she attempted to inventory it as belonging to the estate, if she refers to the source of title which the records would show placed the title in her. Bell v. Nye, 42 L.R.A. (N.S.) 1127, 255 Ill. 283, 99 N. E. 610. EVIDENCE. I. In general, § 1. II. Judicial notice, §§ 2-91. III. Presumptions and burden of proof, §§ 92-557. IV. Best and secondary evidence, §§ 558-589. V. Documentary evidence, §§ 590-711. VI. Demonstrative evidence; articles and things; view of jury, §§ 712-728. VII. Parol and extrinsic evidence concerning writings, §§ 729-851. VIII. Opinions and conclusions, §§ 852-947. IX. Confessions and admissions; evidence wrongfully obtained, §§ 948-985. X. Hearsay; declarations; res gestæ, §§ 986-1127. XI. Evidence at former trial or in other proceeding, §§ 1128-1133. XII. Relevancy and materiality, §§ 1134-1413. XIII. Weight, effect, and sufficiency, §§ 1414-1653. XIV. Admissibility under pleadings, §§ 1654-1685. 14. Matters as to legislature generally. 15. Matters as to courts and judges generally. § 17. § 18. $19. § 20. records and decisions in same case. records and decisions in other cases in same court. proceedings in other courts generally. proceedings in courts of other state. e. Political, historical and geographical matters. § 21. Generally. § 22. Elections. § 23. Political parties. § 24. Judicial district. Geography. - counties. 25. § 26. $ 27. § 28. size of town. distances. streets and public places. swamps. Historical matters. $ 33. $ 34. f. Other matters. vacant land. existence of, or entry into, state of war. § 35. Generally. 36. Scientific facts and natural laws generally. 62. Vaccination. 63. Offensive business; nuisances. 64. Matters as to food and food products and preparation. 65. Cigarettes; snuff; tobacco. 66. Regulation of liquor traffic. 67. Intoxicating character of liquors. 68. Animals. § 69. Fish. $70. Trees and plants. § 71. Language; meaning of terms; abbreviations. 72. Usages and customs. § 73. of railway companies and other carriers. 74. Infant's services. 75. Female employees. $76. Obtaining credit. $77. Religion. 78. Police regulations. $79. Organized charities. § 80. Matters as to public improvements generally. § 81. - benefits from. 882. Sewer system. § 83. Contracts for water supply. § 84. Municipal lighting. § 93. Shifting of burden of proof. b. Lazes; ordinances; Constitution. 95. Construction of adopted statute. § 101. similarity to that of forum. Common law of other state. existence of. similarity to that of forum. Validity of statutes. burden of showing invalidity. Municipal ordinances and regulations. Constitution. § 110. - construction of adopted provision. reasonableness. § 117. Generally. 118. To carrier's liability. § 119. Insurance matters. § 120. Exemption from taxation. § 121. Criminal cases. 122. Burden of proving negative. Concerning persons. 1. In general; character; reputation; status, condition, or relation. § 123. Generally. § 124. Possibility of issue. $125. Confidential or fiduciary relation. coscoscose 126. Proper person to have custody of child. 127. Emancipation of child. 128. Husband and wife. |