and if he refuses to go, what must I do to have him removed? Can I demand rent from him?

A. Our correspondent can have him removed summarily, unless he has a permit for his stand from the authorities; and if he has, the latter can get it revoked on a proper presentation of the matter. The Bureau of Incumbrances Superintendent will take the matter in charge on a proper complaint. He may be allowed by our correspondent to stay, if permitted by the authorities, on payment of compensation.

INTESTACY.

1. 1. If a single man dies without leaving a will who would inherit his property if he has brothers, sisters, and parents living?

2. If a married man dies without leaving a will, having a wife but no children, what disposition does the law make of his property?

3.

Who would inherit the property of a single man leaving no parent, brothers, or sisters?

A. 1. In the first case specified the father inherits, except that if the intestate has received real estate from his mother it goes back to her for life, and then to his brothers and sisters, or their representatives.

2. In the next case the widow has one-third life interest in the real estate, and one-half the personal estate absolutely, after payment of debts. If there are no parents, brothers, or sisters, the widow takes the whole. The real estate, subject to dower right, follows the same course as in the first instance.

3. The intestate's property would go to his other collateral relatives, if any; if none, then it would escheat to the State.

2. My father died leaving mother with three children, and some property in real estate. He died without making any will. We were all in our minority when he died, but we have since attained our majority, and we have been receiving our share of the income until my brother's death. The question I would like to have you answer is this: Is my mother entitled to my brother's share of the income, or, must it be equally divided between her and the brother and sister? And, who has to pay his doctor's bill and funeral expenses?

A. In this State the debts and funeral expenses of the deceased brother must be paid out of his share of the inherited estate or his other property, and all the rest of his personal prop

erty, he never having been married, to be divided equally between his mother and surviving brother and sister, share and share alike. His real estate goes to his mother for her use during her life, and then descends in fee to his brother and sister.

3. If a married woman dies in this State leaving property, land, bank stock, and household furniture, and makes no will, is her husband entitled to any of the property, if they have never had any children? If so, what proportion?

A. The husband will take all the personal property, but will have no interest in the real estate.

4. A widow dies intestate, leaving two sons, the one being a stepson; to whom will the property, both real and personal, belong? The greater part of the property came from an insurance left to the widow by the husband when he died.

A. If we understand the statement, the husband insured his life for the benefit of his wife, and she came into possession of the money at his death. Afterwards she died (without making a will), leaving property both real and personal. Her son will inherit it all. The step-son is not an heir of hers, and is in no sense of her blood. If she had only a life estate in any of the property and it was thus left by her husband, of course the children would inherit an equal interest in that at her death. But if the property was hers so that she could dispose of it by will, her son will inherit it all.

5. In case of a married lady living in this State, dying intestate and leaving a husband, how is the real and personal estate divided? The lady never had any children.

A. By the statute of distributions in this State, the husband has the same share in the personal property of the wife that she would have in his if he died intestate; but this does not apply (by an oversight in the law, as we believe), to the estate of married women who have no surviving descendants. In the case cited, therefore, the husband can administer on the estate, and claim the whole personal property. The real estate would go to her heirs, he having no life interest from the fact that he had no children by her.

6. Cr.-In regard to the law in Connecticut, if a man dies leaving

an estate, but no children, what portion of property does the widow receive, if any, as her own?

A. If there are no children, nor legal representatives of children (as grand children), the widow will be entitled to half the personal property for ever, and one-third the real estate for life.

7. N. J.-In case of a bequest of real estate to a minor subject to a life interets of another person, and the minor dies, does the property go to the minor's or testator's heirs? Do brothers and sisters inherit before parents when the property came from neither of the latter? Is the law in New Jersey different in these respects?

A. Taking it for granted that the testator died before the legatee, so that the bequest was vested in the latter at the time of his death, the estate, in New York, New Jersey, and everywhere else, would go to his (the minor's) heirs. The laws gov erning descent differ somewhat, however, in New York and New Jersey. In the latter State, the property would go to the intestate's brothers and sisters, in preference to the parents. In New York, the estate not having been derived from either of the parents, it would go to the father, or if he is not living, to the mother, in preference to the brothers and sisters.

JUDGMENT AND EXECUTION.

EXECUTION.

1. I have a judgment against a party who has bank stock in his own name, but who has obtained a loan upon it for about one-half its value. Is there any way by which I can levy and sell or get possession of the stock? Is it the property of the party who holds it as security until his claim is paid?

A. The stock can be levied upon, and the equity in it, above the lien, held to satisfy the judgment.

2. A person fails in business in this State and owes me. I obtain judgment against him, but can get hold of no property to satisfy the judgment. Is there any limitation in time to that judgment? I find my debtor has acquired and holds property in Massachusetts. Can I do anything to recover my claim out of his possessions in Massachusetts ?

A. In this State the judgment ceases to be a lien on the property of the debtor 10 years after it is docketed, but it remains in force for 20 years, so as to permit the issue of execution

upon it. The way to reach the property in another State is either to bring the debtor up on supplementary proceedings, examine him as to his possessions located elsewhere and compel him to pay the debt out of them, or to commence suit in that State on the judgment obtained here.

3. A sues B before a police judge in Brooklyn and obtains judg ment against him for say $150; the judgment is placed in hands of a constable for collection, who levies on property of C, living in the same house with B. C serves the constable with a written affidavit that the goods levied upon belong to him and not to B, but nevertheless the constable refuses to give up the goods. Thereupon C brings a replevin suit in the county court, gets his goods back, and a judgment against the constable for costs and damages, amounting together to $180. Execution is issued but returned unsatisfied. After that the constable is brought up under supplementary proceedings and swears that he has no property, and that he did not require A to give bonds to hold him harmless for levying on the wrong person's property. Now this is an outrage. Does the law allow such an irresponsible person to levy, to satisfy a judgment, indiscriminately on any person's property and put him to trouble and expense, leaving the injured party no redress?

A. Chapter 788 of the laws of 1872 points out the remedy in such a case which is by suit on the constable's bonds. It seems that leave of court must first be obtained.

4. A holds a judgment against B for $2,000; B has money left him by a relation in Europe; A sends a copy of the judgment to a lawyer in that country, requesting him to claim it for him. After waiting a few weeks, A receives a letter from the lawyer stating that it is impossible to claim the money on the papers sent, as he is obliged personally to appear at court in that State and sue for the same. As circumstances will not permit A to visit that country, you will greatly oblige us by advising him what method to pursue.

A. The judgment may be legally assigned to some one who can sue on it abroad, but the better way is to bring the debtor up in the place where he resides and the judgment has been obtained, and upon examination, and disclosures of the property, procure an order of the court for payment out of it.

5. Will you kindly inform me if a patent can be sold by the sheriff under the following conditions:

Two men enter into a partnership for the manufacture and sale of a patented article. One furnishes the money, the other the patent. After working a little over a year they have not succeeded in getting the

article into market, and cannot meet their payments. Now if the land. lord sells them out to get his rent, can he sell the patent, or is that exempt from the company's debts?

A. A patent can be taken on execution and sold like other personal property. A landlord can not seize it for rent, unless it has been pledged as security, without he gets judgment and then takes it on execution. If fixtures, machinery, etc., are mortgaged, the patented right for which these were to be employed would not be involved unless it was expressly covered by the terms of the lien.

6. A dies leaving a widow and two children. By the terms of his will (which is now being contested by one of the children, and is yet undecided) he leaves, after several bequests, a large portion to his widow, and upon her death, that then her portion is to vest absolutely in her son J. Now I have a judgment against this son J. Has he any interest now that I can sell ? Can the sheriff levy upon the expectant estate he is to receive upon his mother's death? and, providing he can, must the surrogate's leave be obtained before execution can issue?

A. A vested future estate is liable to execution. And an estate is vested when there "is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the precedent estate. " (Moore v. Littel, 41 N. Y., 66.) Accordingly, if the will is established, and contains no provisions which operate to defeat this definition of a vested future estate, the son's interest may be sold under execution. The Surrogate's leave is unnecessary.

7. A is a farmer living on a hired farm, has had horses, cows, sheep, and such utensils as were necessary to work the farm. He sells all his personal property (such as cows and horses) to B, with exception of one double wagon and one mowing machine, and leaves the farm. Now C holds a note against A and has got judgment against him; can he take the mowing machine and wagon for such debt if there is no other claim on them, or are they exempted property?

A. Necessary "working tools and team," not exceeding in value $250, owned by a householder, or person having a family for whom he provides, are exempted from execution for any debt, except the wages of a domestic or the purchase money of the articles themselves. (Section 1,391, Code of Civil Procedure, 1877.) The provision is substantially the same as that previously existent, under which it was held that a "threshing ma