arising from the sales of my real estate," | bequeath all my property (as stated in my held, to refer only to lands constituting father's will) to my wife," etc., nothing the residue of testator's real estate. passes thereby except property to which Ballentine v. Wood (N. J.) the power applies.

465

Baker's Appeal (Pa.)

158

18. Held, that in a clause providing that after the death of all of testator's children 21. Testator devised lands in trust for (during whose lives the property was devised the use of his daughter E. during her lifein trust) the residue of his real estate should time, and her daughter S. and to her heirs "go and descend *** to the respective right after her, and if S. die before maturity and heirs of my said children in fee simple, to without issue, then to the children of his son, hold as tenants in common and not as joint with power in the executor to sell the property. tenants," the words "right heirs" meant Held, that S. having arrived at maturity, and "children," and that the gift in remainder having children, is entitled to the whole esand the life estate vested at the same moment. tate after E's death, and that E. and S. may Id. elect to take the land; and if S. cannot elect by 14. Held, also, that testator's grandchil- reason of being a married woman, equity can dren, alive at his death, took a vested title give the necessary aid to protect her interests. to the remainder at his death by independent Howell v. Tomkins (N. J.) gift, their estate being, however, subject to the liability to open and let in grandchildren born subsequently.

Id.

16. A testator bequeathed separate legacies to each of his three daughters, with directions to the trustees to invest and apply the interest to their use, and in case of the marriage of any of them, to hold her share in trust for the maintenance of her and her husband, and the survivors of them, for life, then in trust for such issue as she might leave at the time of her death; failing such issue, in trust for the surviving daughters, and the issue of any deceased daughter. One of the daughters died unmarried. Held, she died possessed of an absolute estate in the legacy bequeathed by her father, and that her testamentary disposition of it was valid.

Id.

17. A bequest of personalty without words of limitation passes an absolute estate, unless the contrary intention is plainly expressed or necessarily implied. Authorities cited. Id. 351 18. A bequest: "I give and bequeath to my wife all my finished cabinet ware, on hand at the time of my decease, all my certificates of loan, bonds, notes, and all other evidence of indebtedness to me that I have or may have at the time of my decease; and I also give and bequeath to my said wife all my household furniture, of which I may die possessed, for her own use for and during her natural life, and after her death the same to go to my son,' etc., is an absolute gift of cabinet ware, notes, and other evidence of indebtedness to the wife.

Rhein's Appeal (Pa.)

463

III. DURATION AND NATURE OF ESTATE;
LIMITATIONS, REMAINDERS, ETC.

22. A court of equity called upon to settle the equitable rights of the parties, may charge remaindermen with moneys expended for the benefit of the estate. Thomas v. Evans (N. Y.)

800

27. When testatrix devised real estate to her daughter, without words of inheritance, and then directed that in case the daughter should die without issue, the estate (real and personal) should be possessed by the husband, sister and brothers of testatrix, the addition at the end of the clause, "the devise over 490 to my husband, sister and brothers to depend upon the contingency of my daughter dying without issue," indicated an intention by the testatrix that in the event of her daughter's dying without issue, her husband, sister and brothers should enjoy the property, without reference to any other contingency.

19. A bequest to A, and if she should die unmarried or without children to B, is an absolute gift to A, defeasible by an executory gift over in the event of A dying at any time unmarried or without children. Authorities cited.

Re New York, L. & W. R. Co. (N. Y.) 262 20. Where a testator, having a power of appointment under his father's will, and having in his possession some property subject to the power, makes this will: "I leave and

12.

28. The daughter took, under her mother's will, a conditional fee, defeasible by her dying without leaving issue at her death; that her issue, should she leave any, would take by

inheritance from her; but a conveyance by her in her lifetime would be effectual as against them, and that an indefeasible title in fee could be conveyed and the contingent expectant estate limited to the husband, sister and brothers of the testatrix, in the event of the daughter dying without issue, cut off by their joining with her in a conveyance.

30. Where a will gave to testator's daughter $4,000 and one fourth of the residue absolutely, but the codicil thereto provided that executor should pay her the whole of the interest, and as much of the principal thereof as she might need from time to time, and whatever may remain at her death should go to her issue, and if she should have no issue then to testator's grandchildren living at her death, held, that the amount she was to receive depend

ed according to the Statute of Distributions in cases of intestacy. Id.

IV. TRUSTS; CHARITIES.

37. In construing a will the same rules of construction to determine the quality of the estate bequeathed, whether for life or in fee, will be applied to trust estates as to those which are not. 347

Snyder v. Baker (D. C.)

Re New York L. & W. R. Co. (Ñ. Y.) 259 29. Where the context is silent, the words referring to the death of a prior legatee, in connection with some collateral event, apply 38. Testator directed his residuary estate to the contingency happening as well after to be divided into two equal parts, one part as before testator's death. Authorities to be paid to a religious corporation and cited. Id. 262 the other to an educational corporation. All the rest of his real and personal estate not theretofore specifically devised he trust for the payment of the bequests and legadevised and bequeathed to his executors in cies theretofore specified and ready to be paid; and for the execution of such trust empowered them to sell and convert his real and personal esreal estate, and, the same being in the adverse tate into cash. The executors conveyed certain their grantee. Held, (a) that no estate in land possession of defendant, brought ejectment for vested in the trustees; (b) that if the power to sell conferred by the will might be exercised as 31. The burden of proof is on such daugh- a power in trust, in that event the title would ter's executor to show that the principal descend to the heirs at law, subject to the exesums had been paid, according to her neces-cution of the power; (c) that such devises are sities; and in the absence of such proof, he invalid to the extent of one half of the residmust account for the principal. Id. uary estate, as conflicting with the statute forbidding bequests to religious corporations, etc., in excess of one half of testator's property; (d) that there was no equitable conversion of the realty so as to take it out of the statutory rules for the descent of real estate; (e) that there was nothing to prevent the regular descent of the land to the legal heirs of testa

ed on her necessities.

Reeves v. Beekman (N. J.)

453

32. The absolute power of distribution of the entire fund in her hands as executrix did not give her the absolute title to it. Id. 33. If she was in need, she might have used such funds at her own peril, and the extent of her necessities could have been as certained through a master. ld.

34. Where testator had held the principal moneys in hand for the purpose of investment and reinvestment, but mingled them with his own funds, it was not improper, in settling with the life tenant whose funds were so held, to charge the testator with interest upon interest, as he forebore investment and used the moneys for his own convenience. Earl, J., dissents.

Re Kernochan (N. Y.)

90

35. Where a will gives to testator's wife the use and income of all his estate during her life or until she marries again, with power to the executors to dispose of any of it and to change the investment, and upon his wife's death gives such use and income to his two sons, share and share alike, and upon the decease of his sons, to their heirs-should both have heirs-their father's portion only, and in case of one having no heirs then to the heirs of the other, share and share alike, and if both should have no heirs, then as the law directs-the suspension of absolute ownership will or may exceed a longer period than two lives in being at the death of the testator. Such limitation is too remote, and renders the disposition void.

Ward v. Ward (N. Y.)

67

40. Where a will gave to complainant and W., another daughter of testatrix, each the interest of one sixth of the entire estate for life, with remainder to complainant's daughter, and after giving certain legacies, gave the residue of the estate, real and personal, to the executor "in trust for the execution of my will," to pay debts, etc., and then to pay over to another daughter, S., the rents, issues, and profits of the balance of the residue, and at her death to hand over such balance to S's two daughters, held, that the shares of complainant and W. are not subject to the trust created for the residue.

Terry v. Smith (N. J.)

127

41. The words "for the execution of my will," employed to qualify the trust, 36. A valid trust was created by the will, are superfluous, and do not extend it over to continue during the life or widowhood of the shares of complainant and her sister W. testator's wife, but on her death the residue Id. then remaining of the estate should be divid- 42. The trust of the residue did not de

43. If a good reason be shown for so doing, a mixed trust is partible in equity. Id. 44. Where the will created a trust and, no trustee having been appointed, the trust would devolve upon the executor-where he has renounced, the administrator having no authority to execute the trust-the court may appoint a trustee.

Id.

45. If the real estate can be partitioned without prejudice to the interests of the owners, the share of the complainant may be set off and she may enjoy it as a tenant for life. Id. 46. By one clause of his will a father devised his residuary estate to his daughter, "to have and hold the same, unto her heirs and as signs forever," and in a following clause committed to her the guardianship of his grandchild, the child of a deceased daughter, with the words: "I enjoin upon her to make such provision for such grandchild out of my residuary estate now in her hands, in such manner, at such times and in such amounts as she may judge to be conducive to the welfare of such grandchild and her own sense of justice and Christian duty should dictate." Held, such provision is not ground for a complaint by the general guardian of the grandchild to have a trust declared in her favor.

Lawrence v. Cooke (N. Y.)

101

47. The provision was not intended to relieve the father of the grandchild from his legal obligation to support his own child, and it vested the absolute title to his residuary estate in his daughter. Id.

54. Prior to testator's death the railroad company accumulated securities, and other assets, from earnings over and above expenses and dividends, and some two months after testator's death it had on hand $1,102,000, as a sinking fund for the redemption of outstanding obligations; and at that time an agreement was entered into between certain stockholders, among them the executors, and a canal association, for the sale of their stock to the canal association for $250 for each share, and providing that the canal association should have the sinking fund, but that the stockholders should be paid a ratable portion of this surplus, which amounted to $15.74 per share. Held, that the price paid for the shares,although increased by this prospective advantage, belonged altogether to the remaindermen and was properly carried to principal and not income.

Id.

55. A dividend declared upon the stock by the company after testator's death, from accumulated net earnings of the company running back for a considerable period of time, went to the widow as income under the will. Andrews, J., dissents. Id.

56. A privilege to subscribe for, and take at par, one or more bonds or shares of stock for a certain number of shares of stock before held by the estate, if accepted, operated as a change in the manner of investment of so much of the estate; and the value belonged to the estate and not to the life tenant. Id.

48. Under a provision in a will in these words: "It is my request that all persons herein named as executors will consent to act as such executors and trustees; and that each executor and trustee, other than my wife, do also receive and take the full rate and commissions provided by law for each executor, in57. Payments in respect of profits, accruing tending thus to provide suitable compensation and properly defeasible as such, are income for their services in addition to the duties and belonged to the tenant for life, if the herein devolved upon them," held, the in-sum payable is ascertained and payable after tention of the testator was to exclude his testator's death. wife from compensation. Re Kernochan (N. Y.)

90

ld.

58. A gift of the profits and dividends of stock for life will not be held to carry dividends declared after the death of the beneficiary, although made from profits accruing during his lifetime. Authorities cited. Id.

VII. ADVANCEMENTS.

95

Gift of income, unaccompanied by words limiting duration of benefaction, confers absolute estate. (D. C.) 347, 349

After an absolute devise no subsequent language less decisive than itself will cut it down. (N. Y.) 101, 103

Absolute bequest of dividends gives abso891lute property of stock. (D. C.) 348

express words or necessary implication. (D. C.) | DISTRICT AND PROSECUTING AT. 347, 348 TORNEY.

Power of alienation of portion of estate for greater period than during continuance of two lives in being at testator's death. (N. Y.) 67 Unlimited power of disposition. (Pa.) 159 Precatory words defined. (N. Y.) 104 Rules of construction where used. (N. Y.) Trusts. (D. C.)

104

349 Uncertainty. (N. J.) 454; (N. Y.) 103, 105 An act depending upon the sense of justice of another must be discretionary. (N. Y.) 102 Directions involving a personal trust can only be exercised by the person named for that pur pose. (N. Y.)

103 If a valid trust is created as to personal estate, that is sufficient. (N. Y.) 105 Charitable uses. (N. J.) 917; (Pa.) 663 Charitable bequest void for uncertainty. (N. J.) 917 Power of sale; conversion. (N. Y.) 68, 289, 290, 802 Distinction between power to sell and trust to sell. (N. Y.)

Charge upon land. (Pa.)

The board of supervisors fixed the salaries
of the district attorney, his chief clerk, and
other subordinates at certain sums, but there-
after, by resolution included in the budget a
sum less than the aggregate of amounts fixed
by the first resolution. Held, that a chief clerk
appointed under such arrangement and who
accepted payment at such reduced rate had,
after his employment, no claim for the larger
salary fixed by the first resolution.
People v. Supers. of Kings Co. (N. Y.)
BRIEFS AND NOTES.

Salary of chief clerk. (N. Y.)
DISTRICT OF COLUMBIA.

273

274

tificate of organization on the 23d of June, 1. Where a corporation had filed its cer1884, but no practical organization or subscription to stock had been made until the September following, when the company announced itself ready for business, an assessment of taxes upon the capital stock for the void, under Act of March 3, 1877, governing year commencing July 1, 1884, is invalid and assessment of taxes in the District of Columbia.

Anglo-Am. Ins. Co. v. Dist. of Columbia (D. C.)

355 2. A married woman cannot contract in the District of Columbia as a sole trader. Hitchcock v. Richold (D. C.) 352

BRIEFS AND NOTES.

707

Not a State in meaning of Constitution.

506

Widow is neither heir nor next of kin. DIVORCE. See HUSBAND AND WIFE, VI.

(N. J.)

Advancements. (N. J.)

What constitutes. (Pa.)

466

470

DOCTOR. See PHYSICIAN AND SURGEON. 849 DOCUMENTARY EVIDENCE. See EVIDENCE, II.

Note by son to father is not evidence of. (N. J.)

470 DISCONTINUANCE. See EJECTMENT, 3. Where a rule to show cause why a judg. | ment of non pros. should not be set aside was obtained on the ground that the court files showed that the judgment had been irregularly entered, and the rule recited matters appearing by the files, the plaintiff, on motion to make rule absolute, may produce files without further formality.

Souder v. Lippincott (N. J.)

BRIEFS AND NOTES.

108

DONATIO MORTIS CAUSA. See GAR

NISHMENT.

DOWER.

1. The heirs at law agreed that, so long as the widow should make no claim for dower, each heir should pay her annually a certain sum, etc., and that when the widow should claim dower the payments should cease; and provided that "Nothing herein contained and no receipt by her (the widow) of any of the above mentioned payments shall be any bar to her application for such dower; but such payments shall be claimed as a credit on the amount of dower which may be claimed." One of the heirs paid only a part of the amount stipulated, and in no year paid the full sum stipulated After the widow's death her administrator brought suit for arrearages of dower against one who had purchased a portion of said real

DISTRIBUTION. See DESCENT AND DIS-estate from said heir. Held:

TRIBUTION.

(a) That the widow did not waive her