.22, 44, 52, 53, 72 .95 .5, 9 ...6, 7, 8, 10, 11, 27 United States S. C.......16, 26, 28, 31, 32, 34, 65, 83 Vermont West Virginia.. ..55, 88 1. Attorney and Client-Burden of Proof.In an action against an attorney for failure to prosecute a claim, plaintiff must allege and prove sufficient facts to show that claim asserted was a good cause of action.-Schmitt v. McMillan, N. Y., 162 N. Y. Supp. 437. 2. Disbarment.-In disbarment proceedings the fees and expenses of the referees, the per diem and mileage of the stenographer reporting and transcribing the evidence, and the charges of such stenographer for a transcript of the evidence are not costs taxable against accused on decision adverse to him under Laws 1911, c. 85, § 6, as to taxation of "necessary disbursements incurred on behalf of the prosecution," in view of § 5.-In re Egan, S. D., 160 N. W. 814. for wife, who 3. Misconduct.-Attorney gave memorandum of allowances, counsel fees, etc., to husband, demanded it back, had husband arrested, and refused to surrender it upon order of court, held guilty of professional misconduct, and censured.-In re Reinhardt, N. Y., 162 N. Y. Supp. 524. 4. Scope of Authority.-An attorney, who signed his own name in procuring an indemnity bond for a client without intending to be personally liable, will not be bound, where the instrument shows intent to bind the client, and the attorney was known to act, and had author ity to act, as agent.-Royal Indemnity Co. v. Payment on 5. Bankruptcy-Composition. account of advances made by principal creditor of bankrupt to corporation formed to carry out composition agreement, by assuming payment of composition notes, and receiving transfer of bankrupt's property, held, on corporation's bankruptcy, to be preference. In re Fleig Mercantile Co., U. S. C. C. A., 237 Fed. 178. 6. Discharge.-A bankrupt, who has stolen or fraudulently received a sum of money belonging to another, cannot retain the amount and schedule the claim as a debt, and thereafter obtain a discharge in bankruptcy or effect a composition. In re Alpert, U. S. D. C., 237 Fed. 295. 7. Intervention.-In a suit by the receiver of a bankrupt in another state to wind up the affairs of a corporation of that state in which bankrupt was a stockholder, other claimants of stock held by bankrupt held entitled to intervene.-West v. Empire Life Ins. Co., U. S. D. C., 237 Fed. 303. an officer of a 8. Jurisdiction.-Though bankrupt company did not submit to the court's jurisdiction, nevertheless, having been an officer, the bankruptcy court has jurisdiction to order him to deliver such of the bankrupt's property as he wrongfully retained.-In re Auto Safety Signal Lamp Co., U. S. D. C., 237 Fed. 299. 9.- -Landlord's Lien.-Landlord's lien given by Code Va. 1904, §§ 2791, 2792, is superior to priority given servants and clerks for wages earned within three months of bankruptcy by Bankr. Act, § 64b.-Lott v. Salsbury, U. S. C. C. A., 237 Fed. 191. who has re10. Preference.-Where one ceived a preference becomes a bankrupt, the preference cannot be collected in full as a priority claim, either in bankruptcy or on composition by the bankrupt.-In re Alpert, U. S. D. C., 237 Fed. 295. 11. Schedules.-A bankrupt, who has stolen or fraudulently received a sum of money belonging to another, cannot retain the amount and a debt, and thereafter schedule the claim as obtain a discharge in bankruptcy or effect a composition.-In re Alpert, U. S. D. C., 237 Fed. 295. 12. Bills and Notes-Filling Blanks.-Ordinarily, there can be no recovery on a note in which a blank for the amount is left in the body of the instrument, though an amount appears in figures on the margin.-Love v. Perry, Ga., 90 S. E. 978. 13. Brokers-Contract.-Where a contract for manufacture of cartridges was complete in form and defendant had optional agreements putting it in position to perform all conditions precedent, and there was no evidence of an intention to make a further contract, contract was not merely preliminary, so that plaintiff, who procured the contract, was entitled to commissions. -Fuller v. Bradley Contracting Co., N. Y., 162 N. Y. Supp. 673. 14. Carriers of Goods-Common Carrier.-A general truckman, transporting goods for hire CENTRAL LAW JOURNAL under special contract, is a common carrier.- 15. Defects in Car.-The mere knowledge 16. Discrimination.-Two railway carriers, joint owners of terminals in a city, may not be compelled by Interstate Commerce Commission under Act Feb. 4, 1887, § 3, to discontinue as discriminatory their refusal to switch interstate traffic to and from tracks of third carrier on the same terms as similar shipments from their own tracks in said city.-Louisville & N. R. Co. v. United States, U. S. S. C., 37 Sup. Ct. 61. 17. Freight Rates.-The reasonableness of a freight rate fixed by the railroad commissioners, depends on whether the entire revenue from the particular traffic affords a substantial income for the service over its cost.-State v. Florida East Coast Ry. Co., Fla., 73 So. 171. Amendment 18. Initial Carrier.-Carmack of June 29, 1906, § 7, pars. 11, 12, to Interstate Commerce Act Feb. 4, 1887, § 20, pars. 11, 12, making initial carrier liable for damage anywhere en route does not relieve the terminal carrier from liability for damages on its line. -Southern Ry. Co. v. Waxelbaum Produce Co., Ga., 90 S. E. 987. 19. Initial Carrier.-An initial carrier is not liable for any breach of duty on part of final carrier as warehouseman.-Dodge & Dent Mfg. Co. v. Pennsylvania R. Co., N. Y., 162 N. Y. Supp. 549. 20. Carriers of Passengers Where a street car company stopped its car on Alighting. curve so that one alighting would step upon the guard rail, and a passenger alighting in the night time slipped and was injured, the question of the company's negligence held for the jury. -Lentz v. Minneapolis & St. Paul Suburban R. Co., Minn., 160 N. W. 794. as a 21. Freight Trains.-An freight train held without authority to accept engineer of a passenger one who had been riding on passenger train but was left at a stop, and such a person in riding on freight train without payment of fare was a trespasser.-Tuder v. Oregon Short Line R. Co., Minn., 160 N. W. 785. 22. Protection from Company held liable to woman and daughter Pullman for assault committed on them by negro while they were boarding a Pullman car, the conductor of which was helping them into it, but failed to prevent assault.-Garrett v. Southern Ry. Co., N. C., 90 S. E. 903. Assault. 23. Relation of Passenger.-Where a street car passenger had left the car and was injured on a public highway while transferring to another car, where she could have chosen her own route, she was not as a matter of law a "passenger."-Niles V. Boston Mass., 114 N. E. 730. Elevated Ry. Co., 24. Chattel Mortgages-Description of Property. A chattel mortgage, describing property as "a Regal Underslung Model N roadster auto 223 mobile, now in possession of mortgagor and 25. Election of Remedy.-Where, without consent of mortgagee, the mortgagor sells the mortgaged property, the mortgagee may elect either to sue the purchaser for conversion of the property or to ratify the sale and sue the mortgagor for the proceeds.-Imperial Valley Savings Bank v. Huff, Ark., 190 S. W. 116. 26. Commerce-Franchise Tax.-State of Alabama, in imposing annual franchise tax on consolidated railroad corporation existing under arts of Tennessee, Mississippi and Alabama, held not to violate the commerce clause of the federal constitution.-Kansas City, M. & B. R. Co. v. Stiles, U. S. S. C., 37 Sup. Ct. 58. 27. Interference With.-Until congress acts there is no unconstitutional interference with interstate commerce in an order by a state railroad commission requiring engines used in the state to be equipped with headlights of not less than 1,500 candle power.-Vandalia R. Co. v. Public Service Commission of Indiana, U. S. S. C., 37 Sup. Ct. 93. Commission.-A 28.- -Interstate Commerce finding of Interstate Commerce Commission that carrier has held itself out to carry oil in tank cars is one of law and reviewable where based on rule providing rates for articles in tank cars, which states that carriers assume no obligation to furnish such cars.-United States v. Pennsylvania R. Co., U. S. S. C., 37 Sup. Ct. 95. 29.-Peddler.-Where defendant, resident of Ohio, took orders within city in Indiana for clothing by sample for future delivery by an Ohio corporation, transaction was commerce, and he was not liable for violation of interstate peddlers' ordinance.-City of Rushville v. Heyneman, Ind., 114 N. E. 691. as 30.- -State Regulation.-Until congress serts its constitutional power to regulate interstate commerce to avoid contracts for street paving providing that the brick must be manufactured in the state, the state law governs the validity of such contracts.-Pasche v. South St. Joseph Town-Site Co., Mo., 190 S. W. 30. 31. Constitutional Law-Acceptance of Char- 32.- of tracks, regulation of fares therein, if lawful, constitutes contract, and board of public utility commissioners cannot impose an additional burden in violation thereof.-Atlantic Coast Electric Ry. Co. v. Board of Public Utility Com'rs, N. J., 99 Atl. 395. 34. Police Power.-Nonresident private detective failing to comply with municipal ordinances subjecting business to police supervision cannot complain that in its enforcement unconstitutional discrimination was made against citizens of other states.-Lehon v. City of Atlanta, U. S. S. C.. 37 Sup. Ct. 70. 35. Corporations-Action. Where plaintiff claims special damages only for refusal to register transfer of corporate stock and seeks to retain the stock, he cannot recover the value, but if he claims for conversion of the stock, he may recover the value.-Siegel v. Riverside Box & Lumber Co., N. J., 99 Atl. 407. 36. Implied Power. While an "implied power of a corporation" is one incidental to its express power, a railroad company, though authorized to develop electric current for motive power, is not authorized to dispose of excess.Citizens' Electric Illuminating Co. wanna & W. V. R. Co., Pa., 99 Atl, 465. V. Lacka 39. the federal Death-Dependents.-Under Employers' Liability Act, the sister of a deceased employe, his only next of kin, who had received occasional gifts of money from him and who might have received other gifts had he lived, was not a dependent.-Smith v. Pryor, Mo., 190 S. W. 69. 40. Divorce Custody of Children.-If grandparents to whose custody a child has been intrusted by divorce decree are found to be schooling the child to hate its father or prove unfit for any other reason, the welfare of the child may require a change of custody, even though the child is happy and contented.-Albertus v. Albertus, Ia., 160 N. W. 830. 41.Custody of Children.-It is not an abuse of discretion for the trial court to award the custody of minor children to the wife pending the trial of divorce suit; it appearing that her relatives who took care of them were amply able to do so.-Ratcliffe v. Ratcliffe, Minn., 160 N. W. 778. divorce obtained by him on constructive service. -Paynton v. Paynton, Mich., 160 N. W. 837. 43. Electricity-Contributory Negligence.-If a pedestrian on a public street, warned or having reason to know that a chain used to lower a municipal electric light was charged with electricity from feed wires, carelessly touched the chain, he was negligent, barring recovery for his death.-Bloom v. City of Cullman, Ala., 73 So. 85. one riding on a 44. Trespasser.-Where train at the invitation of a brakeman, was caught by a power wire of defendant traction company crossing the right of way and killed, though he might be a trespasser as to the railroad company, nevertheless traction company was liable for its negligence in endangering persons on trains.-Ferrell v. Durham Traction Co., N. C., 90 S. E. 893. 45. Equity-Change of Beneficiary.-Regarding change of beneficiary, irregular proceedings having been disregarded by the association, there is no room for application of principal that equity will regard that done which ought to have been done, where the member desired a change only if the new beneficiary would reimburse the old for their payments of assessments, which she refused to do.-Knights of Columbus v. Curran, Conn., 99 Atl. 485. 46. Estoppel-Evidence.-Though books of bank indicated that president who sold controlling interest in its stock was at time of sale liable on notes held by bank, he is not, purchasers of stock not claiming any estoppel as to them, estopped to deny as to bank liability on notes; bank not being party to transaction. -Galt v. Hildreth, Neb., 160 N. W. 870. 47. Fixtures-Removability. - Opera chairs, vacuum cleaner, electric fixtures, pipe organ and other paraphernalia of a moving picture theater installed by tenant, held trade fixtures and removable by the tenant upon the termination of his tenancy, though it would require opening walls of building without causing material injury thereto.-Willey v. Goulding, Kan., 161 Pac. 611. 48. Fraud-Deceit.-Where in suit for divorce the husband took false oath as to amount of his property, and further urged his wife to make a settlement, the representations, though not actually made and addressed to her, were yet sufficient basis for an action for deceit.-Vragnizan v. Savings Union Bank & Trust Co., Cal., 161 Pac. 507, 49. Gaming-Purchase and Sale.-Contract for the purchase and delivery of a commodity in the future, and for the payment of the difference in price arising out of the rise and fall in the market above or below the contract price, is a wager on the future price of the commodity, and therefore void.-Cohn v. Brinson, Miss., 73 So. 59. 50. Garnishment-Process.-In view of Rev. Laws, c. 189, § 56, where defendant's father left him $50,000 in cash or securities, as he might elect, to be paid within a year, which was more than plaintiff's debt, and plaintiff served trustee process on the father's executors under § 20, superior court properly charged trustees with a sum certain, though by § 39 it is ordinarily unnecessary to specify in the judgment the amount for which a trustee is chargeable.-Cheshire Nat. Bank v. Jaynes, Mass., 114 N. E. 727. 51. Homestead-Execution.-Where a widow purchased the homestead property at a foreclosure sale under a trust deed to protect the homestead of herself and minor children, her interest therein cannot be seized under execution against her for an antecedent debt, notwithstanding Rev. St. 1909, § 6711.-McMichaels v. Reece, Mo., 190 S. W. 51. 52. Husband and Wife-Agency of Husband. -The acts of defendant husband as agent for defendant wife in leasing realty within the scope of his authority, express or apparent and CENTRAL LAW JOURNAL necessary to performance of act, held binding 53. Innkeepers Sleeping Car. ance 54. Insurance-Breach 55.- -Burden of Proof.-To defeat a policy 56. -Conditions of Policy.-Under a policy of life insurance providing that it should be void whenever the insured left the service of the company except by cause of death, the word "leave" should be construed to mean "voluntarily leave," and the condition did not apply if the insured was arbitrarily and without justifiable cause discharged.-Gardner v. Metropolitan Life Ins. Co., Mass., 114 N. E. 717. company did policies, 57. Evidence.-Where insured gave notice of the cancellation of fire insurance policies, but did not the surrender the of the notice, or offer to return the unearned not acknowledge and premium, before the building was burned, the receipt policies were still in force.-Gately-Haire Co. v. Niagara Fire Ins. Co., N. Y., 162 N. Y. Supp. 473. 58.- -Fraternal Society.-By-laws of a fraternal beneficial association, providing that if the member's death be caused by any beneficiary no benefit shall be paid, held to apply where the named beneficiary murders the member, but dies before her, notwithstanding a bylaw as to payment if the designated beneficiary dies before the member.-Greer Tribe of Ben Hur, Mo., 190 S. W. 72. V. Supreme 59. Intoxicating Liquors-Indictment and Information. An indictment charging that defendant did unlawfully and willfully attempt to transport, bring and carry into the county of Apache, state of Arizona, a quantity of whisky, etc., held insufficient to charge the offense of introducing intoxicating liquor into the state in violation of Const. art. 23, § 1.-Baca v. State, Ariz., 161 Pac. 686. 60. Prohibition.-By "place of business," within prohibition law, is meant a public place of business, and by "public" is meant that the public is invited to it and has access for purpose within Brooks v. State, Ga., 90 S. E. 989. Scope of business carried 61. on. -Unlawful Sale.-In prosecution for unlawfully selling liquor, where prosecuting witness testified that he drank no beer in house of defendant, that he took it away, and that neither he nor his daughter drank it, exclusion of evidence as to who did drink beer, on ground that it was irrelevant and immaterial, was not error.-State v. Walters, Ia., 160 N. W. 821. 62. Landlord and Tenant-Holding Over.-A lessee holding over can acquire no right to continued occupancy of premises while parties continue negotiation as to terms of a future lease. -Margolis v. Wise, Conn., 99 Atl. 511. 63. Mandamus-Election.-Where ballots, poll books, etc., have been stolen from clerk of county court, before being laid before court as canvassing board, board must examine all reliable evidence available for purpose of ascertaining contents of such certificates, etc., and may be required to perform such duty by mandamus.Sanders v. Cook, W. Va., 90 S. E. 865. 64. Industrial Commission.-Mandamus is not the proper remedy to compel the Industrial Commission to award an injured workman compensation, under St. 1913, c. 111, as amended 225 65. Transcending proper remedy where federal district court has exceeded its power by suspending sentence to imprisonment indefinitely during good behavior. -Ex parte United States, U. S. S. C., 37 Sup. Ct. 72. 66. Master and Servant-Accident.-A servant's frostbites, received while carrying coal, accidental, within Workmen's Compensation Act.-Days v. S. Trimmer & Sons, N. Y., 162 N. Y. Supp. 603. are 67. Course of Employment.-A claimant, injured in attempting to protect his employer's plant from depredations of intruders, held entitled to compensation for accidental injuries arising out of and in the course of his employment. Hellman v. Manning Sand Paper Co., N. Y., 162 N. Y. Supp. 335. 68. Evidence.-Where a workman in a car repair shop sustained injuries from an unguarded circular saw, it was not error to exclude evidence that other saws were similarly operated in the community without safeguards.-Truman v. Kansas City, M. & O. R. Co., Kan., 161 Pac. 587. 69. Finding frostbites received by a servant in carrying coal by Commission. arose out of his employment held a question of Whether fact for the commission's determination, under the Workmen's Compensation Act.-Days v. S. Trimmer & Sons, N. Y., 162 N. Y. Supp. 603. em 70. Hazardous Employment.-A watchman employed by a company engaged in a concededly hazardous business held within Workmen's Compensation Law, § 3, subd. not 4.-Kehoe an employe, v. Consolidated Telegraph & trical Subway Co., N. Y., 162 N. Y. Supp. 481. Elec71. Obvious ploye who caught his foot between an elevator Danger.-A 15-year-old platform and a "recess" or "overhang" in the wall could not recover damage, as it was not negligence to SO condition being obvious.-Anderson the elevator; its Worsted Mills, Mass., 114 N. E. 729. 72. Respondeat Superior.-If an employe in Wood charge of a without the knowledge of the owner, and conwater supply pool secretly and trary to instructions, rented bathing suits to boys and permitted them to swim, and one was drowned, he did not act as the owner's agent. -Gurley v. Southern Power Co., N. C., 90 S. E. 943. 73. maintain V. -Vice Principal.-Under Employers' Liability Act, a railroad is liable for injuries to a vice principal resulting from the negligence of his subordinate employes.-St. Louis, I. M. & S. Ry. Co. v. Cobb, Ark., 190 S. W. 107. 74.-Workmen's Compensation Act.-Under Workmen's Compensation Law, § 3, subd. 4, as it stood in September 12, 1914, employe of one keeping an antique furniture and picture shop, injured while hanging a picture at the residence of one who had purchased it at the shop, held not engaged in decorating, designated a hazardous employment by § 2, groups 17, 42, and hence not entitled to compensation.-Grasell v. Broadhead, N. Y., 162 N. Y. Supp. 421. 75. -Workmen's Compensation Act.-Driver for a brewery, who, while delivering beer at a saloon owned by brewery, was injured by the collapse of an elevator on premises, and whose employer had complied with provisions of Workmen's Compensation Law, might apply for compensation thereunder.-Winter v. Peter Doelger Brewing Co., N. Y., 162 N. Y. Supp. 469. 76. Workmen's Compensation Act.-A finding that a claimant for compensation under the Workmen's Compensation Act relied upon sum sent her by a deceased employe "for expenses" is not equivalent to a finding that she relied on them for necessary and proper living expenses. -Blanton v. Wheeler & Howes Co., Conn., 99 Atl. 494. 77. -Workmen's Compensation Act. pensation held not recoverable under Workmen's Compensation Act, for death of brewery Com 226 CENTRAL LAW JOURNAL fireman, forced to walk some distance through heavy snowfall to work, which exhausted and wet him, and to work extra long shift thereafter, exposed to changes of temperature, subsequent to which he contracted pneumonia, from which he died.-Linnane v. Aetna Brewing Co., Conn., 99 Atl. 507. 78. Mortgages-Priority.-A purchase-money mortgage executed at the same time as the deed an architect to the mortgagor, has priority over a mechanic's lien for services rendered as at the request of the purchaser before the deed executd.-Weinstein and mortgage Montowese Brick Co., Conn., 99 Atl. 488. were V. of a Corporations-Dedication 79. Municipal Street. The grading by a city of a dedicated and publicly used street constitutes an assumption of control and invitation to use it as street, which it is bound to keep reasonably safe for travel.-Chance v. City of St. Joseph, Mo., 190 S. W. 24. 80.- -Instructions. In a prosecution for viocausing lation of motor vehicle law in failing to stop and give name, address, etc.. after injury to another automobile, instructions that that other automobile unless the jury believed beyond a reasonable doubt defendant knew had been injured, he must be acquitted, held properly refused.-Woods v. State, Ala., 73 So. 129. ConIspa Loquitur. 81. Negligence-Res tractual relationship between the parties is not essential to the application of the rule of res ipsa loquitur.-Bloom v. City of Cullman, Ala., 73 So. 85. 82. Principal and Agent-Respondeat Superior. Where defendant gave a written order for flour to plaintiff's agent to be charged to agent to whom defendant had sold an automobile, and plaintiff, without notice, shipped under a forged order, directing shipment direct to defendant and defendant received the flour believing it had been charged to the agent, held, that plaintiff must suffer loss caused by its accredited agent.-Felder v. Acme Mills, Miss., 73 So. 52. 83. Railroads-Interstate Commerce Commission.-Interstate Commerce Commission has no power to order a carrier to furnish oil tank cars by Act June 29, 1906, amending Act Feb. 4, 1887, § 1, though by § 12 as amended by Act March 2, 1889, the commission was required to enforce the act, and by § 13 as amended by Act other practices.-—— June 18, 1910, was given power to enter orders regulations regarding United States v. Pennsylvania R. Co., U. S. S. C., 37 Sup. Ct. 95. or 84. Regulation of Speed.-A statute regulating speed of carriage of live stock is proper exercise of police power, if reasonable and practical in its operation, and not imposing an undue burden on the carrier.-Davison v. Chicago & N. W. Ry. Co., Neb., 160 N. W. 877. 85. Sales-Bill of Lading.-Terms of contract of sale, "Cash, less 12 per cent ten days," means that payment within ten days shall be treated as cash, and give no right to attach draft to be paid before delivery of bill of lading.-Hazel Hill Canning Co. v. Roberts Bros., Md., 99 Atl. 424. Sale. Where defendants, 86. -Conditional 87. Delivery. If goods are sold to be de- 88.- -Description of Property.-A lien note against innocent purchaser.-Rogers v. Whitney, 89. Evidence.-Where buyer paid seller cer- 90. -Excuse for Nonperformance.-A letter an 91. Rescission.-In action for price of merchandise, where defendant alleges recission for breach of warranties, directions of plaintiff's agent to defendants to keep the merchandise, endeavor to sell it, and that defects would be adjusted, while an important circumstance in determining whether defendant had elected to rescind within a reasonable time, did not warrant defendant in retaining merchandise indefinite length of time before electing to rescind.-Fred S. Todd Shoe Co. v. Pierce Shoe Co., deIa.. 160 N. W. 827. Performance-Evidence.-A 92. Specific cree of specific performance of a land contract may be denied the vendor where he misled the vendee as to the quantity to be conveyed, though he acted innocently.-Bentley v. Space, Neb., 160 N. W. 887. 93. Telegraphs and Telephones-Mental Suffering. In an action for damages for delay in transmitting a telegram, in absence of allegation that plaintiff incurred expense as a proximate cause of defendant's negligence, he could not make such damage basis of claim for mental anguish.-McLendan v. Western Union Telegraph Co., Ala., 73 So. 120. 94. Vendor and Purchaser-Evidence.-Where vendor, who conveyed land to two, one of whom was disdisposed of his share, informed purchaser from original grantee that vendor's lien charged, such purchaser was warranted in assuming that it had been satisfied by his grantor, who was primarily liable for one-half the purchase price.-Wolford v. Bias, W. Va., 90 S. E. 875. company 95. Rescission.-Where townsite sold lots, stating a railway would build its depot opposite the lots, the buyer held not entitled to rescind when the railway located its depot elsewhere.-Ore City Co. v. Rogers, Tex., 190 S. W. 226. 96. Wills-Deed.-An instrument in form of a deed to land, "to take effect only after the death of" the grantor, held testamentary in character. and not a deed.-Simpson v. McGee, Miss., 73 So. 55. a testator devised his 97.- -Heirs.-Where land to one for life, remainder to his children or the legal representatives of such as are dead, the expression "legal representatives" is equivalent to the word "heirs."-In re Bair's Estate, Pa., 99 Atl. 471. a power widow had 98.- -Power.-Where under her husband's will to sell land necessary for her support, her failure to set out such power in her deed did not avoid the deed; it appearing that the sale was reasonably necessary for her support.-Sparhawk v. Goldthwaite, Mass., 114 N. E. 718. 99. Power of Appointment.-Under a will devising to testator's surviving wife and to her children by testator all his property, both real and personal, and appointing her executrix, and giving her power to sell and convey realty by warranty deed and to use proceeds for her own benefit, she was authorized to convey realty.Thurman v. Symonds, Ark., 190 S. W. 106. 100. -Remainder.-A will devising personal property and household goods to testator's wife and his real estate to his wife and his son for life, with remainder to his son's bodily heirs after payment of just debts, gives testator's debts precedence over both life estates and remainders.-Todd's Ex'r v. First Nat. Bank, Ky.. 190 S. W. 468. |