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trust in favor of a third person, not mentioned in the deed. (Tena.)
Mee v. Mee, 865,

2. DEEDS-Parol Trusts Evidence. If a deed absolute on its
face, by its terms confers upon the grantee discretion to dispose of
the land free from any trust, evidence is not admissible to establish
a trust by showing a parol agreement to hold the land for that pur-
pose. (Tenn.) Mee v. Mee, 865.

3. DEEDS_Parol Trusts—Evidence. If a deed, absolute on its
face, confers on the grantee discretion to dispose of land as he pleases,
parol evidence is inadmissible to establish a mandatory trust agreed
upon at the time of the execution of the deed, and thus contradict
the terms of the deed. (Tenn.) Mee v. Mee, 865.
Resulting Trusts.

4. RESULTING TRUSTS. A Trust Resulted at the Common Law
when one person paid purchase money for lands, and the conveyance
was taken to another, but, under the statute of New York, no trust
results under such circumstances, except when the grantee in such
conveyance takes it in his own name without the knowledge of the
person paying the consideration, or when such grantee, in violation
of some trust, purchases land with moneys belonging to another per-
son. (N. Y.) Leary v. Corvin, 542.

5. A RESULTING TRUST does not Arise in favor of a person
furnishing moneys used in the purchase of lands, a conveyance to
which is taken in the name of another, unless the former furnishes
the whole consideration or some aliquot part thereof, or for the value
of some particular estate in the premises. (N. Y.) Leary v. Corvin,
542,

6. RESULTING TRUSTS.—The General Contribution of a Sum.
of Money Toward the Purchase of Land is not sufficient to create a
resulting trust, where the conveyance is taken in the name of an-
other. (N. Y.)

Leary v. Corvin, 542.
7. A RESULTING TRUST cannot Arise in favor of a daughter
who furnishes money to her father, to be by him employed in ac-
quiring premises to be used as a home during his life, and, upon his
death, to go to such daughter, when no particular piece of property
was in view when the money was furnished, and the amount when
finally used did not constitute any aliquot part of the purchase price
of the property. (N. Y.) Leary v. Corvin, 542.
Precatory Trusts.

8. TRUSTS, PRECATORY, When not created by a Will.If a
will purports to devise all the testator's property to his widow, to
have and to hold to her and her heirs and assigns forever, but states.
that it is his will and desire that she shall pay the sum of three hun-
dred dollars a year to his sister in law, Nellie Post, no trust or power
in trust is created in her favor thereby. (N. Y.) Post v. Moore,
495.
Trustee ex Maleficio.

9. TRUSTS_Failure to Perform Promise_Trustee ex Maleficio.
Failure to perform a verbal promise made by the sole heir at law of
one desiring to dispose of her estate by will to third persons, that
he will dispose of her estate as she desires, cannot make him, in case
of an intestacy, a trustee, ex maleficio as to the property inherited
by him, in the absence of actual fraud. (Ga.) Cassels v. Finn,

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10. WILLS— Trustee ex Maleficio.-If a wife induces her husband
to convey to her by will all of his real and personal property, upon
the express promise that she in turn will convey the same property by
will to designated relatives, upon default upon her part to carry out
the agreement she takes the property as trustee ex maleficio for the
benefit of such designated relatives. (Minn.) Laird v. Vila, 420.

See Charities.

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TRUSTS AND MONOPOLIES.
See Monopolies and Combinations.

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Note
Vend

VENDOR AND VENDEE.
Options.

1. OPTIONS—Consideration–Revocation. An option to pur-
chase land given without consideration may be withdrawn at any
time before acceptance upon giving notice to the other party thereto,
but an option founded upon a valuable consideration cannot be
withdrawn before the time specified therein has expired, and if such
consideration is not paid at the date of the option, but at a later
date and during the life of the contract, it may be specifically en:
forced. (Va.) Cummins v. Beavers, 881,

2. OPTIONS_Revocation-Consideration. A written option to
purchase land extended by parol without any new consideration may
be revoked at any time before acceptance. (Va.) Cummins v.
Beavers, 881.

3. OPTIONS_Fraud.—The mere fact that an option to purchase
land is taken for the purpose of speculation does not constitute
fraud or unfair dealing. (Va.) Cummins v. Beavers, 881.

4. OPTIONS.-Specific Performance of an option for the sale
of land may be enforced in equity against the person signing it,
although it is not signed by the other party. (Van) Cummins v.
Beavers, 881.
Contract of Sale,

5. VENDOR AND PURCHASER—Notice of Agreement to Sell.
A person who takes a conveyance of the legal title to land, with
knowledge that his grantor has agreed to sell it to another, holds it
subject to the equitable estate already vested in such intending pur-
chaser. (Va.) Cummins v. Beavers, 881.

6. VENDOR AND PURCHASER.—An Agreement to convey Real
Estate Calls for a Conveyance of the Entire Estate in the lands
sold by a good and sufficient deed. (Wis.) Arentsen v. Moreland,
951.

7. VENDOR AND PURCHASER-Contract of Sale, When In-
cludes All Timber on the Land. - An option to purchase all lands
controlled by the vendor belonging to the N. W. L. Company includes
both the land and the timber growing thereon, though the vendor
had a right under his contract with such company to the timber only,
if he had under the same contract the option to purchase the com•
plete title under the terms therein specified. (Wis.) Arentsen v.
Moreland, 951.
Damages for Failure to convey.

8. VENDOR AND PURCHASER, Damages for Failure to convey.
A vendor who agrees to convey lands which he knows at the time

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he had himself previously conveyed to another, or to which he has
no title, is answerable in damages to the vendee for the loss of his
bargain. (Wis.) Arentsen v. Moreland, 951.

9. VENDOR AND PURCHASER Damages for Failure to Convey
When Purchaser Knew the Vendor had No Title. If a person cor
tracts to sell and convey land to which both he and the purchaser
knew he had no title, the latter may, nevertheless, on the breach of
the contract, recover' for the loss of his bargain. (Wis.) Arentgen
v. Moreland, 951.
Bona Fide Purchaser.

10. TRUST DEEDS— Fraud-Bona Fide Purchaser.--A purchaser
of land after a trust deed thereon has been released without actual
knowledge of such release through fraud or notice of any fact which
would put him on inquiry, is not chargeable with such fraud, and it
mch release is afterward set aside without making him a party, ho
is not affected thereby. (Mo.) Bristow p. Thackston, 472,
Note.
Vendor and Purchaser, conflict of laws, law of the state where tho

contract was made controls, 964.
damages for breach of contract to convey, bad faith as an ele-

ment of, 967-970.
damages for breach of contract to convey cannot be influenced

by facts occurring after the breach, 977.
damages for breach of contract to convey, due to secret flaws

in the title, 974.
damages for breach of contract to convey, due to the vendor's

failure of title, 974.
damages for breach of contract to convey, due to wife's refusal

to join in the conveyance, 974.
damages for breach of contract to convey, English decisions re-

specting, 965-967.
damages for breach of contract to convey, interest, when allow-

able ag an element of, 976.
damages for breach of contract to convey, presumption of, 965.
damages for breach of contract to convey, social standing of the

parties does not protect, 975.
'damages for breach of contract to convey, statutes providing the

measure of, 965.
damages for breach of contract to convey, value of the land,

when deemed to be, 972.
damages for breach of contract to convey where both vendor and

vendee knew the former had no title, 974.
damages for breach of contract to convey where improvements

have been placed on the property by the purchaser, 977.
damages for breach of contract to convey where no part of the

purchase price has been paid, 976.
damages for breach of contract to convey where the considera-

tion is not in money, 975.
damages for breach of contract to convey where the contract of

sale is parol, 974.
damages for breach of contract to convey where the land has

been in possession of the purchaser, 977.
damages for breach of contract to convey where the land has

decreased in value, 978.
damages for breach of contract to convey where the land is

to be selected by the purchaser, 977.
Am. St. Rep., Vol. 106–69

purel

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5.
purpo

Vendor and Purchaser, damages for breach of coptract to convey

where the vendor contracted in forgetfulness of a pre-exist.

ing lease, 973,
damages for breach of contraet to convey where the vendor bas

been guilty of fraud, 966.
damages for breach of contract to convey where the vendor has

conveyed to another, 973.
damages for breach of contract to copvey where the vendor has

no title to the timber, 973.
damages for breach of contract to convey where the vendor is

without fault, English decisions respecting, 966.
damages for breach of contract to convey where the vendor

ultimately conveys, 975.
damages for breach of contract to convey where the vendor was

a part owner only, 973.
presumption of damages for the breach of a contract between,

965.
relations between, nature of, 964.

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WAGERA.
See Gaming

Subs
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WATERS AND WATERCOURSES.
WATERCOURSES-Pollution by City.-Where a stream has
been used as an open sewer for more than twenty-one years by a city,
and the polluted portion of the stream is entirely within the limits
'of the city, a riparian manufacturer therein who has contributed to
and acquiesced in such use cannot be heard to complain of the pollu-
tion or' of its increase. (Ohio St.) Cleveland v. Standard Bag ete.
Co., 613,

Bee Navigable Waters.

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WILLS.
Burial Lot.

1, WILLS.-A Burial Lot, in which the previous wives and a
child of the testator are interred, does not pass under a general
- gesiduary deyise to his widow, as against his children. (8. I.)
Waldron, Petitioner, 688.
Contract to Make Will.

2. WILLS--Contract to Make Specific Performance.--An agree-,
ment by a person to devise and bequeath real and personal property to
minor relatives in consideration that the beneficiaries shall assume
a peculiar and domestie relation to the promisor and render him ser
vices of such character as to make it impossible to estimate their
value by any pecuniary standard is valid, and if executed on the part
of the promisee and beneficiaries, specific performance of the con-
tract will be enforced. (Minn.) Laird v. Vila, 420.

3. WILLS-Contract to Make-Proof.--A person may by contract
obligate himself to make his will in a particular way, or to give
specific property to a particular person, so as to bind his estate, but
the evidence to sustain such an agreement must in all particulars
be clear, positive and convineing. (Minn.) Laird v. Vila, 420.
Execution of Will-Subscribing at End.

4. WILLS—Statutory Requirements must be complied with.--The
right to make a testamentary disposition of one's property is

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purely of statutory creation, and is available only on compliance
with the requirements of the statute. The mode prescribed is the
measure for the exercise of the right, and an heir can be deprived of
his inheritance only by compliance with this mode. (Cal.) Estate
of Seaman, 53.

5. WILLS, Execution of, Intention of the Testator. For the
purpose of determining whether a will has been properly executed,
the intention of the testator in executing it is entitled to no con-
sideration. For that purpose the courts can consider only the pur-
pose of the legislature as expressed in the language of the statute,
and whether the will, as presented, shows a compliance with the
statute. (Cal.) Estate of Seaman, 53.

6. WILLS.– The Provision that a Will must be Subscribed at the
End Thereof Requires the testator's name to be written at the ter-
mination of the testamentary provisions which he makes in the in-
strument. (Cal.) Estate of Seaman, 53.

7. WILLS.-The Requirement that the Testator's Name Shall be
Subscribed at the End of a Will is not satisfied by having that
name written at any place after the termination of the written mat-
ter, irrespective of the relation which such place bears to the con-
cluding portion of the will. His name need not be written in im-
mediate juxtaposition with the concluding words of the instrument,
but it must be so near thereto as to afford a reasonable inference
that he thereby intended to indicate an authentication of the in-
strument as a completed expression of his testamentary purpose.
(Cal.) Estate of Seaman, 53.

8. WILLS.—The Purpose of a Statute in Requiring the Testator's
Signature to be Subscribed at the End of a Will is not only that
it may therehy appear on the face of the instrument that the tes-
tamentary purpose therein expressed is completed, but also to pre-
vent any opportunity for fraud or interpolations between the writ-
ten matter and the signature. (Cal.) Estate of Seaman, 53.

9. WILLS, Failure to Subscribe at the End-Absence of Fraud.
Where the subscription of a testator to his will is not at its end, it
is not material that there is no fraud shown or charged. (Cal.)
Estate of Seaman, 53.

10. WILLS, What not Subscribed by Testator at the End.-- A doc-
ument purporting to be a will written upon a printed blank of four
pages having an unfilled attestation clause on the third page and of
which the fourth page is only a blank space for the indorsement
when filed, and which is signed by the testator's name, and that of
two witnesses beneath the scrivener's title and blank form for dat-
ing and filing, is not subscribed at the end, and cannot be admitted
to probate under a statute requiring every will, other than nun-
cupative or holographic, to be subscribed at the end thereof by the
testator, in the presence of two attesting witnesses, each of whom
must, in his presence and at bis request, sign his name as a witness
at the end of a will. (Cal.) Estate of Seaman, 53.
Ertrinsic Evidence.

11. WILLS, Extrinsic Evidence of Intention to Execute.- Whether
a testator intended to execute a will in conformity with the re-
quirements of the statute cannot be shown by parol or extrinsic
evidence. If he subscribed at a place which, as a matter of law,
is not at the end of a will, such evidence is not admissible to prove
that he intended to subscribe it at the end. (Cal.) Estate of Sea.
man, 53.

See 'Charities; Deeds, 7; Public Lands, 4.

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