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to find for the plaintiff, there was no error in refusing defendant's request to submit the case on special issues.-Banks v. Mixon, 179 S. W. 690.

TROVER AND CONVERSION.

See Embezzlement, 11; Evidence, 317.
I. ACTS CONSTITUTING CONVER-
SION AND LIABILITY
THEREFOR.

350 (Tex. Civ.App.) In action by former partner for share of commissions on deal completed after dissolution, issue as to whether deal was pending at time of dissolution and def-9 (Ky.) Failure of custodian bank to deinition of "pending" held sustained by the peti- mand held not conversion because of the then liver stock certificate within 10 days of detion.-Daniel v. Lane, 179 S. W. 906. refusal of purchaser from owner to accept the Special issues which were not put in con- stock.-Ohio Valley Banking & Trust Co. v. troversy by the evidence, or were included in Wathen's Ex'rs, 179 S. W. 230. and controlled by issues which were submitted, were properly refused.-Id.

II. ACTIONS.

352 (Tex.Civ.App.) Where the court had in- 40 (Ark.) Evidence, in an action against a formed the jury that the issues in a passenger's partnership for the conversion of goods delivaction for injuries in alighting were to be sub- ered by a railroad without payment of plaintiff, mitted as raised by the pleadings, the form of the consignor's draft, held to sustain a verdict the question submitting defendant's negligence for plaintiff on the issue of plaintiff's consent to the jury held not objectionable.-Aransas to the delivery.-Vehicle Supply Co. v. McInHarbor Terminal Ry. v. Sims, 179 S. W. 895. turff, 179 S. W. 999.

365 (Tex.Civ.App.) A finding upon a special

issue submitted to the jury becomes immaterial

TRUST DEEDS.

when other facts have the legal effect to elimi- See Mortgages.
nate the issue embodied in such finding.-Inter-
national & G. N. Ry. Co. v. Berthea, 179 S. W.
1087.

366 (Tex. Civ. App.) Assignment complaining of refusal of special issues requested, with others substantially given, held not to be considered, where exception was taken to the refusal of all the requested issues.-Morris v. McSpadden, 179 S. W. 554.

A general exception to the refusal to give special charges en masse will be overruled, where part of them were embraced in the main charge as given.-Id.

See Monopolies.

TRUSTS.

I. CREATION, EXISTENCE, AND VA-
LIDITY.

(B) Resulting Trusts.

63 (Ky.) Ky. St. § 2353, abolishes the old doctrine of resulting trusts, except in two cases. expressly saved.-Neel's Ex'r v. Noland's Heirs, 179 S. W. 430.

89 (Ky.) To establish a resulting trust by parol evidence as against the holder of the legal title to property, the proof of all the essential facts and circumstances must be clear, convincing, and satisfactory.-Neel's Ex'r v. Noland's Heirs, 179 S. W. 430.

Parol evidence in an action to establish a re

X. TRIAL BY COURT. (A) Hearing and Determination of Cause. 367 (Ky.) Submission of suit to annul marriage on the ground that defendant had fraudulently represented that she had been divorced from a former husband held not premature, where the wife admitted that she had not been divorced from a previous husband, though the case had not been set for trial.-Robinson v. 110 (Ky.) In an action to recover land, on Robinson, 179 S. W. 436.

370 (Ky.) The court, over objection, may not submit issues in a special proceeding created by statute not providing for jury trial.-Stearns Coal & Lumber Co. v. Commonwealth, 179 S. W. 1080.

374 (Ky.) Where a distinct legal issue is in an equitable action, decided by a jury, the verdict cannot be set aside unless flagrantly against the evidence.-Procter v. Tubb, 179 S. W. 620.

sulting trust in a farm, held not of that clear, convincing, and satisfactory character_requisite to the establishment of such a trust.-Id.

(C) Constructive Trusts.

the ground that defendant agreed to buy it for plaintiff's ancestor and had fraudulently taken title in his own name, evidence held insufficient to establish a constructive trust.-Holtzclaw v. Wells, 179 S. W. 193.

To establish a parol constructive trust, the proof must be such as to leave no rational doubt as to the truth of the necessary facts; and, to establish such trust against documents showing the legal title to be in some one else, the evidence must be strong and convincing.-Id.

UNDISCLOSED AGENCY.

Findings as to legal issues of jury erroneously impaneled in equitable action on defendant's application for jury trial, made after the commissioner's report, could be disregarded by the See Principal and Agent, 140-145. chancellor in determining the disputed questions of fact.-Id.

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UNITED STATES.

See Citizens; Indians; Patents.

II. PROPERTY, CONTRACTS, AND

LIABILITIES.

74 (Ky.) That the surety for a defaulted government contractor assumed the contract and sublet it to meet the original contractor's defaulted pay rolls did not render it liable for funds borrowed by the subcontractor to meet the pay rolls.-Citizens' Trust & Guaranty Co. v. Farmers' Bank of Estill County, 179 S. W. 29.

USAGES.

See Customs and Usages.

USURY.

I. USURIOUS CONTRACTS AND

TRANSACTIONS.

(A) Nature and Validity.

32 (Ky.) Giving a note in consideration of a conveyance of land is not a transaction for the loan or forbearance of money, as regards the rate of interest being usurious.-Nantz v. Hurst, 179 S. W. 400.

34 (Mo.App.) Under Rev. St. 1909, § 4571, 15 notes for $35 each with 8 per cent. interest, secured by mortgage on household furniture for loan of $350, held usurious.-Riepe v. Vette, 179

S. W. 952.

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unless made with intent to deceive and defraud.-Barnes & Mitchell v. Campbell, 179 S. W. 444.

112 (Ark.) Where lots to which a vendor's title was unmarketable formed a substantial part of the purchase, the purchaser could refuse to pay any more on the price and demand the return of the amount already paid.-Mays v. Blair, 179 S. W. 331.

IV. PERFORMANCE OF CONTRACT. (A) Title and Estate of Vendor. 130 (Ark.) A purchaser of land, before he is required to pay the purchase price, is entitled, unless stipulated to the contrary, to receive not only a good title, but one which is marketable. -Mays v. Blair, 179 S. W. 331.

A marketable title must be a clear record title, and not one by adverse possession.-Id.

(D) Payment of Purchase Money. 175 (Ark.) Purchaser under unexecuted contract held ordinarily entitled to detain purchase money if vendor's title is not such as he is entitled to require.-Mays v. Blair, 179 S. W. 331.

175 (Ky.) Unless there is immediate danger of loss without legal remedy, a grantee will not be relieved from payment of the price for alleged defect in title and insolvency of grantor,

See Courts, 231; Evidence, 317, 323, where he is in possession under an executed 474.

VARIANCE.

See Indictment and Information, 122.

VENDOR AND PURCHASER.

contract of sale. Todd v. Finley, 179 S. W. 455.

V. RIGHTS AND LIABILITIES OF PARTIES.

(C) Bona Fide Purchasers. See Contracts, mm10; Fixtures, 21;228 (Tex. Civ.App.) One obtaining a Frauds, Statute of, 69, 143: Fraudulent veyance from a grantee in a deed, absolute in Conveyances, 313; Homestead, 117, form, but in fact a mortgage, acquires no title 118; Logs and Logging, 2; Public Lands, unless he is a purchaser for value and without 178; Remainders; Sales; Taxation, notice that the deed was a mortgage.-McLe805. more v. Bickerstaff, 179 S. W. 536.

1. REQUISITES AND VALIDITY OF

CONTRACT.

3 (Ark.) Contract of one party to sell land at a stipulated price, the other in return to pay the price, is for the sale of land, and does not create an agency for sale, although sales by the purchaser are contemplated in it.-Federal Realty Co. v. Evins, 179 S. W. 344.

33 (Tex.Civ.App.) A purchaser of land held not entitled to rescind on the ground that the deed of dedication prepared by his grantors showed that they were to build a viaduct, which

they did not.-Barnes & Mitchell v. Campbell,

179 S. W. 444.

Where a vendor subsequently agreed with a city for the construction of a viaduct on the property sold, a statement at the time of the sale that there then existed a contract for the construction of the viaduct is no ground for rescission.- Id.

In a suit where it was sought to rescind a purchase of land on the ground of misrepresentations as to future actions, held, that such misrepresentations were not fraudulently made so as to warrant rescission.-Id.

II. CONSTRUCTION AND OPERATION OF CONTRACT.

78 (Ark.) Under changed agreement concerning payment of purchase price and furnishing of abstract of title, time held not of the essence as to performance by the vendor. Mays v. Blair, 179 S. W. 331.

III. MODIFICATION OR RESCISSION OF CONTRACT.

(C) Rescission by Purchaser. 110 (Tex. Civ.App.) Where the agent of a landowner represented to purchasers that a viaduct would be subsequently constructed, breach of that agreement does not warrant rescission

a

232 (Tex. Civ.App.) A conveyance by mortgagee out of possession passes no title.McLemore v. Bickerstaff, 179 S. W. 536.

239 (Tex.Civ.App.) Where the question was solely one of boundary, and plaintiff was not in possession of the land which it claimed, the bona fides of plaintiff's purchase or want of notice does not give him additional rights.Lockwood Inv. Co. v. Geiselman, 179 S. W. 549.

VI. REMEDIES OF VENDOR.
(A) Lien and Recovery of Land.

253 (Tex. Civ.App.) Decree of foreclosure of vendor's lien held erroneous, the description in the deed being defective, while the only description in the purchase notes was by reference thereto, there being no proof as to the intent or that there was a mutual mistake.-Stewart v. Thomas, 179 S. W. 886.

260 (Tex.Civ.App.) Execution and record of indemnity note and trust deed by original purchaser of land held to create a lien in favor of the holders of the note subject to the lien of the holder of vendor's lien notes previously acquired by a subsequent purchaser of the property.Grubbs v. Eddleman, 179 S. W. 91.

A holder of vendor's lien notes held not to lien of the holders of a note to indemnify inhave a lien for improvements superior to the dorsers upon a note given for the price.-Id.

261 (Tex.Civ.App.) Purchasers for value and without actual notice of previous transfers of vendor's lien notes are, as against unrecorded transfers of such notes, bound only by their actual knowledge or notice appearing from the records.-Lubbock State Bank v. H. O. Wooten Grocery Co., 179 S. W. 1141.

Where a purchaser, who had given vendor's lien notes in payment, retransferred the land on condition that she should be discharged from payment of such notes, and the vendor retained

the notes, the notes are on reissue thereafter valid as against the vendor.-Id.

A holder of a subsequent series of vendor's lien notes held to have a lien superior to those of the holder of unrecorded earlier notes, there being nothing in the record to give notice or to cast suspicion on the statements of the seller. -Id.

As the purchase of a vendor's lien note carries with it as an incident the lien, and the latter is within the registration statutes, one desirous of protecting his lien should secure a written assignment and record it.-Id.

who rescinded, was able to sell the land at the original price, the purchaser, who defaulted, is entitled to recover his payments.-Chamberlain v. Ft. Smith Lumber Co., 179 S. W. 740.

334 (Tenn.) A vendor of land cannot escape liability for a deficiency on the ground that the purchaser looked over the tract, which was very large.-Caughron v. Stinespring, 179 S. W. 152.

Where a sale is in gross, no recovery can be had save for fraud, but if by the acre, the purchaser may recover for the deficiency at the agreed price.-Id.

To recover for deficiency in land on misrepresentation as to the quantity conveyed, it is not necessary that the acreage be stated in a deed, but this may be shown by extrinsic evidence.-Id.

261 (Tex.Civ.App.) Where a deed reserved a vendor's lien securing the purchase money notes, and a trust deed authorizing appointment of trustee was executed as additional security, the action of the grantor's successor in appointing a trustee and the sale of the property under 334 (Tex. Civ.App.) Interest paid on the exthe trust deed after the notes had been trans- cess of purchase-money notes, due to a mistake ferred to a third person was unauthorized and in acreage, was recoverable.-Lindsay v. Vogelconveyed no title.-Etheridge v. Campbell, 179 sang, 179 S. W. 58. S. W. 1144.

263 (Tex. Civ.App.) Where vendee executed a note secured by deed of trust to indemnify indorsers upon a purchase-money note for the property, such lien was not destroyed by a sale subsequently made by him in consideration of the vendee's assumption of the original vendor's lien notes.-Grubbs v. Eddleman, 179 S. W. 91. 266 (Tex. Civ.App.) Where a contract for the sale of land and the cultivation of cane was secured by a vendor's lien, failure to assert the lien upon a partial breach held not waiver for future performance.-Imperial Sugar Co. v. Cabell, 179 S. W. 83.

267 (Tex.Civ.App.) A release of a vendor's lien held to release it as to a money consideration only, and not as to performance of a contract for the cultivation and sale of sugar cane. -Imperial Sugar Co. v. Cabell, 179 S. W. 83.

339 (Ark.) Purchaser who arbitrarily broke off negotiations instead of demanding that defects in vendor's title be cured held not entitled to recover purchase price.-Mays v. Blair, 179 S. W. 331.

341 (Tenn.) In a suit to recover for a deficiency in a parcel of land, parol evidence, showing the terms of the contract as to the price and number of acres, must be clear and certain; those matters not being stated in the deed.-Caughron v. Stinespring, 179 S. W. 152. (B) Actions for Breach of Contract.

350 (Tenn.) Evidence held to show that complainants purchased a farm by the acre and not in gross, and so could recover for deficiency in acreage.-Caughron v. Stinespring, 179 S. W. 152.

VENUE.

274 (Ky.) In action on vendor's lien note, See Criminal Law, 119-137, 1051. answer, alleging a vendor's misrepresentations See Criminal Law, 119-137, 1051. as to the acreage of the tract relied on by the I. NATURE OR SUBJECT OF ACTION. purchaser, and that part of it was in the adverse possession of other parties, if tendered in time, would set up a good defense.-Stone v. Daniels, 179 S. W. 831.

281 (Ky.) In an action on notes executed by defendant's grantor and to charge the land with a lien, evidence held to warrant a finding that the notes were not a lien on the land and that the defendant purchased without knowledge of the debt and never assumed its payment.-Gambill v. Grigsby, 179 S. W. 822.

285 (Ky.) Where only two of the defendant's purchase-money notes had matured and the other five were not then due, a decree for the sale of the land to satisfy all the notes was invalid. Mottley v. Roemer, 179 S. W. 581.

8 (Tex. Civ.App.) Under Vernon's Sayles' Ann. Civ. St. 1914, art. 1830, § 7, wife's action charging husband's fraud upon her in B. county, that some of the property was there situated, and seeking to establish a resulting trust, held properly brought in B. county.-Fox v. Fox, 179 S. W. 883.

II. DOMICILE OR RESIDENCE OF
PARTIES.

22 (Tex.Civ.App.) Under Rev. St. 1911, art. 1840, action against husband and divorced wife for necessaries purchased during the marriage held properly brought in the county of the wife's residence.-Trammell v. Neiman-Marcus Co., 179 S. W. 271.

VERDICT.

296 (Tex. Civ.App.) A vendor, who has reserved an express vendor's lien to secure the consideration for a conveyance, may, on default by the vendee, rescind the contract and See Appeal and Error, 930, 1070: Trial, recover the land in trespass to try title.-Imperial Sugar Co. v. Cabell, 179 S. W. 83.

329-366, 374.

See Pleading, 290.

VERIFICATION.

VESTED RIGHTS.

VII. REMEDIES OF PURCHASER. (A) Recovery of Purchase Money Paid. 334 (Ark.) Purchaser under unexecuted contract held ordinarily entitled to recover back See Constitutional Law, 102. purchase money if vendor's title is not such as he is entitled to require.-Mays v. Blair, 179 S. W. 331.

VETO.

Under contract of sale, cash payment held a See Statutes, 32, 33. payment on the purchase price, and not merely

a payment for an option, and hence recoverable

if the vendor failed to furnish a marketable See Master and Servant, 189, 190.

title.-Id.

334 (Mo.App.) Where an agreement for the

sale of land contained no provision as to reten

VICE PRINCIPALS.

VOLUNTEERS.

tion of payments on default, and the vendor, See Master and Servant, 89.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

VOTERS.

See Elections.

WAGES.

See Master and Servant, 70-80.

WAIVER.

17 (Tex.Cr.App.) Whether a pistol which defendant was accused of carrying could be fired held a question for the jury.-Miles v. State, 179 S. W. 567.

17 (Tex.Cr.App.) Evidence in a prosecution for unlawfully carrying a pistol held to sustain conviction.-Davis v. State, 179 S. W. 702.

17 (Tex.Cr.App.) On trial for unlawfully See Appeal and Error, 644; Criminal Law, carrying a pistol, evidence on the whole case 577; Estoppel; Fixtures, 33; In- and on the issue as to whether defendant was surance, 141, 388, 556, 558; Pleading, a traveler held sufficient to sustain a conviction. 406, 408; Sales, 288; Vendor and Pur--Taylor v. State, 179 S. W. 1161. chaser, 266; Witnesses, 219. Instruction attempting to define "traveler" held incorrect and properly refused.-Id.

WAR.

21 (Ky.) Under international law and Cap

WEBB-KENYON ACT.

tured Property Act, Act Cong. March 3, 1863, See Intoxicating Liquors, 112.
title to property not used in actual hostilities
could not be devested in the insurgent states,
and one whose property was captured or aban-
doned might obtain its restoration.-Neel's Ex'r
v. Noland's Heirs, 179 S. W. 430.

WARDS.

See Guardian and Ward.

WAREHOUSEMEN.

See Carriers, 140.

WARRANTIES.

See Insurance, 265.

WARRANTY.

See Sales, 251-288.

WATERS AND WATER COURSES. See Damages, 108; Drains; Levees; Limi

tation of Actions, 55.

VIII. ARTIFICIAL PONDS, RESER-
VOIRS, AND CHANNELS, DAMS,
AND FLOWAGE.

See Agriculture.

WEEDS.

WILLS.

See Death, 5; Descent and Distribution; Executors and Administrators; Taxation, 860-895; Trial, 140.

IV. REQUISITES AND VALIDITY. (A) Nature and Essentials of Testamentary Dispositions.

70 (Ky.) The validity of a will, as to personal property, is determined by the law of the testator's domicile at the time of his death, and, as to real property, by the law of the jurisdiction wherein it is situated.-Rutledge v. Wiggington, 179 S. W. 389.

(C) Execution.

115 (Ky.) Under Ky. St. 1909, § 4828, a will written by some other than testatrix and attested by only one witness is not valid.-Rutledge v. Wiggington, 179 S. W. 389.

119 (Tenn.) Unless publication of the contents of a will to the subscribing witnesses is required by statute, they need not be informed of the character of the document when they 171 (Ky.) One constructing bridge over stream held not liable as for obstructing the subscribe.-Long v. Mickler, 179 S. W. 477. stream, where overflows are due to extraordi- 123 (Tenn.) Under Shannon's Code, § 3895, nary rains or floods, which could not be anticipated by persons of ordinary experience and prudence.-Louisville & N. R. Co. v. Conn, 179 S. W. 195.

it is not necessary that a witness to a will subscribe, either knowing that it is a will or in the presence of the other witness to it.-Long v. Mickler, 179 S. W. 477.

(D) Holographic Wills.

179 (Ky.) In action against railroad company, claimed to have obstructed stream by bridge, evidence held to show that rains and 132 (Ky.) Under Ky. St. 1909, §.4828, a floods, at time of flooding of plaintiff's premises, will wholly in the handwriting of the testatrix were extraordinary and of unusual occurrence. is valid.-Rutledge v. Wiggington, 179 S. W. -Louisville & N. R. Co. v. Conn, 179 S. W. 389.

195.

WAYS.

See Easements; Highways; Private Roads.
WEAPONS.

See Death, 31, 44, 91, 95.

8 (Tex.Cr.App.) It is not an offense to carry a pistol either so defectively manufactured or in such bad repair that it cannot be fired at all.-Miles 'v. State, 179 S. W. 567.

V. PROBATE, ESTABLISHMENT,
AND ANNULMENT.

(B) Actions to Establish or Determine
Validity in General.

230 (Tex. Civ.App.) Agreement whereby widow, children, and legatee of testator agreed to withhold the will from probate and to take certain shares therein held not to estop the parties from claiming under the will after its probate by purchasers from the estate.-Masterson v. Harris, 179 S. W. 284.

VI. CONSTRUCTION.
(A) General Rules.

8 (Tex.Cr.App.) In a prosecution for carrying pistol, refusal to charge that accused was entitled to acquittal if the pistol would not shoot or was unloaded at the time named, etc.,439 (Ky.) The only purpose of rules of conheld not error.-Davis v. State, 179 S. W. 702. struction is to give effect to the intent of the (Tex.Cr.App.) Though accused came to a testator.-Whitaker v. Whitaker's Adm'r, 179

city as a traveler, that fact does not warrant S. W. 584.
him in carrying a pistol about the streets for
several days while searching for work.-Smith v.
State, 179 S. W. 711.

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The right of a traveler to carry a pistol will 545 (Ky.) Where an estate is devised for not defeat a prosecution for unlawfully carrying a weapon, where the journey was temporarily abandoned while he burglarized a house.-Id.

life, with remainder, and if the remainderman die without lawful heir, then to a third person, the words "dying without lawful heirs" are re

stricted to the death of the remainderman be- | VII. RIGHTS AND LIABILITIES OF fore the termination of the life estate.-Jewell v. DEVISEES AND LEGATEES. White, 179 S. W. 212.

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(A) Nature of Title and Rights in General.

714 (Ky.) A devise of land by a husband to his wife in fee held, in view of the surrounding circumstances and the devise of a life estate in all of his other property, to be a satisfaction of her claim against the lands devised, which were acquired with her money.-Whitaker v. Whitaker's Adm'r, 179 S. W. 584.

(C) Advancements, Ademption, Satisfaction, and Lapse.

634 (Ky.) Where a will creates a life estate in trust, with remainder over at death of life tenant, the devisees take a vested fee in 775 (Tex.Civ.App.) Wills of husband and the remainder, subject to be defeated by their wife killed in a common catastrophe made each death prior to that of the life tenant.-Johnson the primary beneficiary of the other, and their v. Whitcomb, 179 S. W. 821. foster son the secondary beneficiary. There being no evidence as to which died first, held, that the son would take as primary beneficiary to give effect to the wills.-Fitzgerald v. Ayres, 179 S. W. 289.

634 (Tex.) A remainder is vested where there is a person in being who would have an immediate right to the possession upon the termination of the intermediate estate.-Caples v. Ward, 179 S. W. 856.

Will bequeathing residuary estate to testator's wife for life, with remainder over to the five children, held to give one of such children a vested remainder.-Id.

The law will not construe a remainder as contingent, where it can reasonably be taken as vested.-Id.

Where testator bequeathed his residuary estate for life, with remainder over to his five children, the life tenant being granted power of disposition with the consent of the children, the remainder of a child was nevertheless vested.-Id. Where testator bequeathed his residuary estate for life, with remainder over to his children, directing that the descendants of any remainderman dying before the life tenant should succeed to the remainderman's share, such direction will be construed to prevent lapsing of the remaindermen's legacies, and not affecting the vested character of the remainders.-Id.

The contingency that the death of a remainderman before the life tenant may prevent such remainderman from coming into possession of his interest does not render the remainder contingent.-Id.

(H) Estates in Trust and Powers.

(D) Election..

792 (Tex.Civ.App.) Whether widow given rent of community property for life and furniture in hotel had elected to take under the will, where she and devisee continued to live on the property, held for the jury.-Wichita Valley Ry. Co. v. Somerville, 179 S. W. 671..

An election by a widow to take under her husband's will in lieu of her community and homestead rights must be unequivocal and with the intention to make an election.-Id. WITHDRAWAL.

See Elections, 146.

WITNESSES.

See Continuance, 26; Criminal Law, 452-478, 676; Estoppel, 21; Evidence; Trial, 76; Wills, 115-123.

II. COMPETENCY.

(A) Capacity and Qualifications in Gen

eral.

37 (Tex.Cr.App.) In prosecution for selling intoxicating liquors in prohibition territory, a

of limitations held not objectionable as seeking he had no recollection.-Alverez v. State, 179 S. to make the witness testify as to facts of which he had no recollection.-Alverez v. State, 179 S.

692 (Ky.) Powers of appointment are "ex-question to fix the time of sale within the period clusive" when there is granted to the donee the right to exclude members of the designated class, and "nonexclusive" when no such right of selection or exclusion is granted.-Barret's Ex'r v. Barret, 179 S. W. 396.

When a power of appointment to a class is nonexclusive, the exclusion of any member of the designated class in making the appointment invalidates the attempted exercise of the power. -Id.

Failure of donee of nonexclusive power of appointment to a class to give each member a substantial share fairly proportioned to the amount for distribution held to invalidate the attempted execution of the power.-Id.

Under will creating trust for son during his life, and providing that property should pass as he might direct by last will to his wife and heirs at law, power held nonexclusive.-Id.

Execution of power of appointment to widow and heirs at law by giving each brother and sister $1,000, and the widow $147,000, held invalid under the illusory appointment doctrine.

-Id.

The illusory appointment doctrine under which the donee of a nonexclusive power of appointment must give each member of the class a substantial share of the fund is the law of this state.-Id..

Where donee of nonexclusive power of appointment gave each of his heirs $1,000 and his widow $147,000, acceptance of these amounts held not to estop heirs from questioning validity of execution of the power.-Id.

W. 714.

60 (Ky.) Competency of husband and wife to testify against each other in action for divorce, as permitted by Civ. Code Prac. § 606, as amended by Act March 15, 1912 (Acts 1912, c. 104), extends only to issue of probable danger or bodily injury to the wife as specified therein.-Hester v. Hester, 179 S. W. 451.

78 (Tex.Cr.App.) Evidence held to show a witness was not defendant's wife, and competent to testify.-Galvan v. State, 179 S. W. 875. (C)

Testimony of Parties or Persons Interested, for or against Representatives, Survivors, or Successors in Title or Interest of Persons Deceased or Incompetent.

138 (Mo.App.) In an action against a decedent's estate to recover compensation for services, plaintiff's sister held not excluded by Rev. St. 1909, § 6354, as a witness to decedent's agreement to compensate.-Biggerstaff v. Riley, 179 S. W. 744.

159 (Mo.App.) In action for damages from breach of contract, evidence, tending to show a codefendant's connection with the contract or cause of action in issue and on trial, held not to come within Rev. St. 1909, § 6354, forbidding party to testify in his own favor as against opposite party, shown to be insane.-Powell v. Batchelor, 179 S. W. 751.

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