4.

Bailment-Negligence.-Defendant is not liable for death of plaintiff's intestate, caused by sinking of boat hired of it, for failure to furnish boat which, when capsized, would float, supporting in water four clinging passengers, as defendant did not undertake to furnish nonsinkable boat.-Clark v. Detroit & M. Ry. Co., Mich., 163 N. W. 964.

5. Bankruptcy-Bulk Sales Act.-Under the Washington Sales in Bulk Act and Bankruptcy Act, § 70, pars. 4, 5 and § 67e, trustee held entitled to purchase price of stock of goods sold in bulk as against creditors named in the list furnished the purchaser by the vendor.In re Thompson, U. S. D. C., 242 Fed. 602.

6. Concealment of Assets.-Bankrupt, when sentenced for concealing assets, held not in contempt for failing to comply with order to turn over assets, served only a few minutes before, and hence court could not punish him for contempt. In re Sobol, U. S. C. C. A., 242 Fed. 487. 7.--Discretion.-Where jury trial was not demanded in bankrupt's answer, held, that denial of demand, made on the next court day but one, was not an abuse of discretion.-In re Wester, U. S. C. A., 242 Fed. 465.

merely ex

8. Exceptions. Where party cepted to the conclusions and order of the referee, without petitioning for review, held, that the matter was not formally before the court. In re Zartman, U. S. D. C., 242 Fed. 595. 9.- Fraudulent Conveyance.-Conveyance of property by bankrupt to his mother and sister for an agreed amount, which was its fair value and which was credited on a valid debt, held not fraudulent.-Watson v. Adams, U. S. C. C. A,. 242 Fed. 441.

10.--Preference.-Where bankrupt conveyed

land

as security by deed which was not recorded, and within four months before bankruptcy conveyed other land upon surrender of the unrecorded deed and notes evidencing indebtedness, held, that there was no preference. -Marsh v. Leseman, U. S. C. C. A., 242 Fed. 484.

11. Proxies in Voting.-Proxies solicited by a creditor held properly voted, it not appearing that they were obtained in the bankrupt's interest, or that the holders of the proxies were subject to the bankrupt's control.-In re Callahan, U. S. C. C. A., 242 Fed. 479.

12. Receiver.--Where bankrupt's assets exceeded the amount of admitted lien debts, and a further alleged lien debt was in dispute, held, that court erred in ordering property returned to state court receiver for administation in state cout.-Union Electric Co. v. Hubbard, U. S. C. C. A., 242 Fed. 248.

13. Unincorporated Company.--Proceeding in bankruptcy may be brought against unincorporated company in its own name, though it is not a legal entity, nor suable as a company. -In re Order of Sparta, U. S. C. C., A., 242 Fed. 235.

14. Banks and Banking-Depositor.-Bank succeeding another bank and assuming its debts and liabilities had no right as against a depositor to pay his obligation as surety on an appeal bond in suit against the first bank and charge it to depositor.-Krueger v. First State Bank of Bowbells, N. D., 163 N. W. 817.

15.---Directors.-Where a statute places banking corporations under care of boards of directors, the corresponding duties and liabilities, in the absence of any statute, must be ascertained and controlled by common-law rules applicable generally to such relations and powers. Bank of Commerce v. Goolsby, Ark., 196 S. W. 803.

16. Evidence.-In the prosecution of a state bank president for unlawfully becoming indebted to the bank by being a member of a partnership which borrowed money from the bank in the name of two others, it was error to admit evidence of transactions after the al

leged offense tending to show a partnership at that time.-Le Masters v. State, Tex., 196 S. W. 829.

17. Bills and Notes-Liability.-Under Code 1907, § 4973, where stockholder of bank delivered note which she signed, payable to bank conditionally on all other stockholders paying sums proportionate to share values, and all others did not contribute as condition contemplated, stockholder signing note was not liable, unless holder was holder in due course.-Bank of Tallassee v. Jordan, Ala., 75 So. 930.

18. Pleading and Practice.-Where plaintiff suing on notes does not allege place of payment, and defendant does not question declaration, there is no fatal variance between it and the notes attached thereto, as required by Gen. St. 1906, § 1449, par. 2, so that offer of notes cannot surprise defendant.-Caldwell V. People's Bank of Sanford, Fla., 75 So. 848.

19. Recitals.-Recital in note that it was one of series given for stock in company, did not give purchaser notice of any defenses that could be urged against original payees.-Commercial Guaranty State Bank V. Crews, Tex., 196 S. W. 901.

20. Cancellation of Instruments-Equity.That mortgage sought to be canceled was fully paid, and that mortgagor could have given notice to mortgagees to cancel mortgage of record, and on their failure so to do recover penalty, did not exclude all equitable relief.-Trotter Bros. v. Downs, Ala., 75 So. 906.

21. Equity.-A court of chancery has jurisdiction of a bill to restrain taking of note into another state, and its use therein in action on such note on the ground of fraud and for its cancellation of such note, though both parties are non-residents of the state, the note being impounded in this state in the hands of Supreme Court Commissioner.-Stanford V.

a

price of which constituted consideration of mortgage.-Hood v. Jenkins, Ala., 75 So. 871.

26. Commerce-License.-A salesman of a non-resident manufacturer of aluminum ware, soliciting orders from house to house by sample for future delivery by interstate transportation, is not subject to a peddler's license, as this would be an interference with interstate commerce.-People v. White, Mich., 163 N. W.

971.

27. Common Carriers-Railroads.-One-twentieth of amount expended by owner of railroad in its construction cannot be charged against annual operating revenue in determining whether rates under state authority are confiscatory.-Darnell v. Edwards, U. S. S. C., 37 S. Ct. 701.

28. Conspiracy-Evidence.-In action by sign advertising company against other such companies for maliciously conspiring to mutilate plaintiff's signs, evidence that three of defendants, more than seven years before acts complained of, had been sued by another for like acts, was improperly received.-O. J. Gude Co., New York v. Newark Sign Co., N. J., 101 Atl. 392.

not

29. Contracts-Consideration.-It is a defense to action on note that it was given in consideration of payee's promise to prosecute maker's brother for embezzlement.-People's Bank & Trust Co. v. Floyd, Ala., 75 So. 940.

30. Corporations-Executors and Administrators. Where administrator's decedent contracted to pay $20,000 for stock which was entirely worthless, corporation being wholly without assets, administrator, in suit on decedent's agreement, could defend successfully for lack of consideration.-Lindsay v. Sonora Gold Min. & Mill. Co., Mo., 196 S. W. 764.

31. Interstate Commerce.-Foreign corporation having no place of business in state does not, by making contract to deliver there iron pipe manufactured by it outside, but to be used there in performing contract of vendee with city, do business in state without license, where it performs its contract by delivering on cars material which would meet tests required by city's contract.-City of St. Louis V. ParkerWashington Co., Mo., 196 S. W. 767.

32. Liability of Officer.-Where new manager of company, to protect memory of deceased manager, who had been kiting notes, used proceeds of sale of sample goods to extinguish notes, which were company liabilities, he could not be personally charged by company because his bookkeeping or want of bookkeeping left him open to suspicion.-Holland Furniture Co. v. Knooihuizen, Mich., 163 N. W. 884.

33. Unpaid Stock.-Obligation of holders of unpaid stock in corporation, issued as full paid, is to pay so much of what is unpaid on stock as will satisfy claims of corporate creditors and meet winding up expenses.-McDermott v. Woodhouse, N. J., 101 Atl. 375.

34. Damges-Measure of.-Where municipal authorities trespassed on land to remove soil, the owner can recover the value of the soil taken away or the diminished value of the land. but he cannot recover both elements of damages.-City of Atlanta v. Swiney, Ga., 93 S. E.

24.

35. Measure of.-In action for breach of contract under which plaintiff was to be em ployed by defendants, amount of his weekly salary was matter for jury to consider in arriving at his damages.-Babayan v. Reed, Pa., 101 Atl. 339.

36. Dedication-Loss of Title.-After a valid dedication a city could not lose title because a portion of the strip was included in an addition subsequently laid out by one of the signatories. City of Hardin v. Ferguson, Mo., 196 S. W. 746. 37. Statutory. — Provisions for statutory dedications do not restrict the common-law power of an owner to devote his land or ease. ments therein to the public use.-City of Hardin v. Ferguson, Mo., 196 S. W. 746.

Legis.-Execution

38. Divorce-Custodia of writ of sequestration in wife's divorce suit places in custodia legis defendant's property to satisfy wife's claims for alimony to time of issuance of writ and subsequently accruing, and no rights can be acquired in property except subject to writ's operation.-De Lukacsevics v. De Lukacsevic, N. J., 101 Atl. 407.

39. Easements-Prescription.-To establish a right by prescription three things must be proven: (1) The continued and uninterrupted use of the right for 20 years; (2) the identity of the thing enjoyed; and (3) that the use was adverse or under claim of right.-Williamson v. Abbott, S. C., 93 S. E. 15.

40. Election of Remedies-Statute of Limitations. Where one injured through the malpractice of a surgeon sued in tort, there was an election of remedies which barred a subsequent suit based on the contractual relation between the parties, even though action on the tort were barred by limitations at the time it was commenced.-Stokes v. Wright, Ga., 93 S. E. 27. 41. Eminent Domain-Damages. Though condemnation of right-of-way, by Code 190. § 3882, vests in applicant easement proposed to be acquired for purposes stated in application, and for no others, thus leaving fee in owner, in ordinary case of application to condemn easement, not limited to term of years, rule is to award owner value of entire fee at time of taking. Ensign Yellow Pine Co. V. Hohenberf, Ala., 75 So. 897.

42. Easement.-Where railroad condemned easement of lands for right-of-way and afterwards abandoned it, the title thereto reverted to original grantee, and was subject to condemnation for same purpose by another railway.-Canadian River R. Co. v. Wichita Falls & N. W. Ry. Co., Okla., 166 Pac. 163.

re

43. Equity-Decree.-Decree for bank stockholders against directors upon contingency that each pay decrees rendered against them, spectively, in favor of bank, held without authority and void.-Bank of Commerce V. Goolsby, Ark., 196 S. W. 803.

44.- -Multifariousness.-Bill by assignee of mortgage against mortgagors and against devisee of his attorney, who bid in at foreclosure, took foreclosure deed, and prevailed in ejectment as against mortgagors, held not multifarious.-Wilson v. Henderson, Ala., 75 So. 935. 45. Executors and Administrators-Costs.Commissions earned by administrator an regarded as costs, and not as a portion of dis

are

tributive share of heir who is also administrator of estate; hence administrator's application of commissions to his personal use does not work inequality in distribution.-Lester v. Toole, Ga., 93 S. E. 55.

46. Personal Trust.-Will directing executor named to pay sufficient amount each year to wife and children for maintenance, and authorizing him to keep estate intact for 20 years, reposed in executor personal trust, and on his death duty devolved upon administrator with will annexed, and not upon executor's administrator.-Ralls v. Johnson, Ala., 75 So. 926.

47. Food Constitutional Law.Agricultural Law, §§ 52, 55, 57, prohibiting any person from buying milk to ship to a city for consumption or for manufacture into butter, etc., unless business is regularly transacted at a station within state and such person duly licensed, is unconstitutional.-People ex rel. Levy Dairy Co. v. Wilson, N. Y., 166 N. Y. S. 211.

48. Fraud-Misrepresentation.

The opinion or unauthorized statement of a corporation's agent as to legal effect of writing which defendant signed in purchasing mortgaged property, was not a fraudulent representation by the company.-Wiebke v. De Wyngaert, N. J., 101 Atl. 410.

49. Garnishment-Indebtedness.-Where garnishee contracted with defendant that he should receive at end of current year a percentage on all seed sold by him for garnishees, and that he should be paid nothing until expiration of year, garnishees were not, prior to that time, in any way indebted to defendant.-McKay v. Rowland & Co., Ga., 93 S. E. 36.

50. Gas-Public Service Commission.-The requirements of a uniform system of keeping accounts for all gas corporations, prescribed by Public Service Commission under authority of Public Service Law, § 66, have force of law.People ex rel. Kings County Lighting Co. v. Straus, N. Y., 166 N. Y. S. 196.

51. Guardian and Ward-Collateral Inheritance Tax.-Where the purchaser in order to perfect his title was compelled to pay the collateral inheritance tax on the vendor's interest in the estate of a decedent, he could not recover the amount from the guardian of the minor grantors.-Jackson v. Myers, Pa., 101 Atl. 341.

52. Injunction-Irreparable Injury. - When title to land is in dispute, and trespasses are continuous and cause irreparable injury, equity will award temporary injunction, whether defendant or complainant is in possession, to enable parties to bring suit at law to establish legal title.-Mobile County v. Knapp, Ala., 75 So. 881.

53. Public Lands.-Giving effect to unauthorized demand by Secretary of the Interior under Act June 25, 1910, that grantee in railway land grant should make advance deposit of cost of surveying township within grant, may be enjoined, where statute contemplates that when demand is not complied with rights in granted land shall cease, where there are millions of acres of unsurveyed lands within primary limits of such grants.-Santa Fe Pac. R. Co. v. Lane, U. S. S. C., 37 S. Ct. 714.

54. Insurance Accident.-In action on accident policy, as platform of a subway station is

not a public conveyance, it was error to permit recovery of double indemnity upon theory that injury was sustained by insured "while in or on a public conveyance, including the platform, steps, or running board thereof, provided by, a public carrier for passenger service."-Weil v. Globe Indemnity Co., N. Y., 166 N. Y. S. 225.

55.-Adjustment of Loss.--The promise of an adjusting agent to pay the loss under insurance contract breached by insured is not binding on insurer where agent was without authority to waive stipulations of policy.—Farmers' Mut. Fire Ass'n v. Steed, Ga., 93 S. E. 75.

56. Condition Precedent.-Petition failing to allege that first payment of first premium had ever been made, which, under policy, was condition precedent to its effect, stated no cause of action, and was insufficient as against general demurrer.-Boyd V. Southern States Life Ins. Co., Ga., 93 S. E. 42.

57. Endowment Policy. Note given for premium due at commencement of 10-year endowment policy must be paid when due to render policy effective, or time of payment must be properly extended.--Selman V. Manhattan Life Ins. Co., Ga., 93 S. E. 60.

58. Evidence.-Evidence in insurer's action to reform certificate of marine insurance on "coal" by substituting words, "coal, including freight," as intended, on ground of mistake in assumption that freight insured had actually been paid, in view of non-disclosure of contrary fact, held to require cancellation of certificate. -Cox v. C. G. Blake Co., N. Y., 166 N. Y. S. 291.

59. Indemnity.-Where automobile accident policy did not preclude settlement by owner for excess liability, held that he had right to protect himself with respect to such liability without consulting defendant, and defendant's withholding of consent, either in good or bad faith was immaterial.-McAleenan V. Massachusetts Bonding & Ins. Co., N. Y., 166 N. Y. S. 184.

60. Instructions.-Where there was evidence that insured had suffered from disease for two or three years, held that it was not error to instruct that the fact, if it be a fact, that he had rheumatism and Bright's disease when making the application, would not preelude recovery if defendant's agent knew sured was physically and mentally ill.-Mutual Aid Union v. Blacknall, Ark., 196 S. W. 792.

in

61. Insurable Interest.-Where record title to homestead is in husband, wife, residing with him and occupying property as homestead of both, has an insurable interest in buildings situated thereon.-State Mut. Ins. Co. v. Green, Okla., 166 Pac. 105.

62. Knowledge of Agent.-Where the agent of the insurer knew when the policy was issued that the premises were vacant, and they were consumed by fire while vacant, though they had been occupied in the interim between the issuance of the policy and the loss, the company was liable.-Gordon v. St. Paul Fire & Marine Ins. Co., Mich., 163 N. W. 956.

63. Promoters.-Agreement between promoters of insurance company, two officers in company to be taken over, agreeing to elect themselves as three of directors and officers of held new company. not fraudulent to

as SO

64.- -Waiver.-Provision in fire policy requiring insurer to give written notice and tender return premium before cancellation was for benefit of insured, and could be waived by him. -Kelsea v. Phoenix Ins. Co., N. H. 101 Atl. 362.

65. Intoxicating Liquors-Local Option.-In prosecution for selling liquor in local option territory, held that, as election adopting local could option was void, defendant attack its validity, although statute provided a method for contesting such election.-State ex rel. Edwards v. Ellison, Mo., 196 S. W. 751.

66. Licenses Chauffeurs.-Under Motor Vehicle Law, § 289, subd. 4, defendant telephone repairer, while using automobile furnished him by employer to convey himself and necessary materials from place to place, held not a chauffeur.--People v. Dennis, N. Y., 166 N. Y. S. 318. 67. Unregistered Automobile.-Failure of owner and driver of automobile to renew his state license does not preclude a recovery of damages for negligence of defendant, which caused death of an occupant.-Chambers v. Minneapolis, St. P. & S. S. M. Ry. Co., N. D., 163 N. W. 824.

68. Mandamus--Admissions in Pleading. Averments of alternative writ of mandamus are admitted by demurrer thereto.-Schwarzrock v. Poard of Education of Bayonne, N. J., 101 Atl. 394.

69. Master and Servant-Course of Employment.-Where a gamekeeper was accidentally shot while aiding defendant's lessee in hunting a deer by express orders of defendant's superintendent, the accident arose out of the employment.-O. L. Shafter Estate Co. v. Industrial Accident Commission of California, Cal., 166 Pac. 24.

That

70. Mechanics' Liens-Materialman. the original contractors abandoned their contract before completion did not preclude a materialman from having and enforcing a lien created by the filing of a stop notice against the fund in the owner's hands, which constituted the difference between the sum paid the original contractors and the value of the work and material which the contractors had furnished. Stettin v. Wilson, Cal., 166 Pac. 6. 71. Mortgages-Foreclosure. Where sale under foreclosure of two separate tracts of land in different counties was confirmed, proceedings as to land in county other than that in which action was brought was void.-Union Cent. Life Ins. Co. v. Harney, Kan., 166 Pac. 233.

72. Municipal Corporations-Assessment. Delay of municipal authorities in questioning assessment made by second municipality on pipe line belonging to first munipicality will not prevent subsequent attack on such assessment.Jersey City v. Huber, N. J., 101 Atl. 378.

73. Trespass.-Where authorities of a city are clothed with power to grade its streets and without authority take soil from the property of a private citizen, the city is liable for the trespass.--City of Atlanta v. Swiney, Ga., 93 S. E. 24.

Lures.

75. Negligence-Attractive Heavy two-wheeled freight truck about depot is not itself so attractive as plaything and so dangerous in its nature as to come within turntable cases and make railroad liable for leaving it accessible to child injured thereby.-Seaboard Air Line Ry. v. Young, Ga., 93 S. E. 29.

76.- -Contributory Negligence.-If declaration in action for negligence where damages are not apportionable under statute shows on its face that plaintiff was guilty of contributory negligence, it is demurrable.-Groover v. Hammond, Fla., 75 So. 857.

77. Defective Appliances.-Where servant, employed by drayage company, was injured by defective appliances furnished by employer, but

used by railroad in unloading materials for employer, railroad was not liable.-Purcell V. Delaware, L. & W. R. Co., N. Y., 166 N. Y. S. 279.

78. Partnership Banks and Banking. Transactions involved in loans negotiated by a bank cashier by which a pawnbroker loaned small amounts to different people, taking tacir notes, payable to a third person, and discounting these notes to bank with understanding that bank was to have one-half of the amount charged for loans, virtually put bank in partnership with pawnbroker.-Bank of Commerce V. Goolsby, Ark., 196 S. W. 803.

79.- Implied Agreement.-Generally, in absence of agreement, partner is not entitled to compensation while on partnership business, but where one partner is intrusted with management of business, and at instance of his copartners devotes his entire time to it, law implies agreement to pay active managing partner compensation.-Rains v. Weiler, Kan., 166 Pac. 235.

80.-Test.-A

partnership for purpose of raising a crop of hops does not exist between Iwo men where one of them has exclusive authority to sell the crop, the principal property of the concern.-John Gong v. Ton Toy, Ore., 166 Pac. 50.

81. Physicians and Surgeons-Malpractice.Action for malpractice may have basis in willful injury, injury occasioned by negligence, or in doing of that which is forbidden by positive law, sounding in tort in every instance.-In re Pillsbury's Estate, Cal., 166 Pac. 11.

82. Railronds-Description of Land.-In suit against railroad company for services for construction of roadbed, wherein it was sought to foreclose lien on railroad's property, allegation that all property was subject to lien, in the absence of an exception, held sufficient description.-San Antonio, U. & G. R. Co. v. Hales, Tex., 196 S. W. 903.

83.-Ordinary Care.-Want of ordinary care on part of one riding with another in his automobile as mere guest would be measured by whether he failed in his duty to keep a lookout and warn his companion operating automobile when he discovered approach of train at crossing.-Lyon v. Phillips, Tex., 196 S. W. 995.

84. Receivers-Sale on Condition. - Sale of railroad in receiver's hands being for the benefit of creditors, cannot be required to be on condition that it be operated, though communities through which it passes contributed for its construction and equipment.-Union Trust Co. of Indianapolis v. Curtis, Ind., 116 N. E. 916.

85. Reformation of Instruments-Laches.-In suit by assignee of mortgage against mortgagors, in absence of appropriate assertion by complainant, cross-respondent, of defensive matter of laches, relief to defendant mortgagors, by reformation, could not be soundly denied them on ground of laches.-Wilson v. Henderson, Ala., 75 So. 935.

86. Sales Breach of Contract.-In action for breach of contract to ship good pickings examined by plaintiff's agent in defendant's warehouse, plaintiffs could recover, if they did not know condition of goods at time they paid for them, and had no opportunity of inspection, even though they knew that some of the bales shipped were not those inspected at warehouse, but relied on defendant's representations that they were good, and rejected such goods as soon as they knew their condition and demanded reimbursement.-Robinson v. S. Samuels & Co., Tex., 196 S. W. 893.

87.-Breach of Warranty.-Relative to damages for breach of warranty of quality of ammonia sold for ice machines, it is unnecessary to show which of the several shipments was defective, all being sold to be mixed, and known that one impure lot would make the whole impure, decreasing its value and producing the same damages as if all had been impure.-Grasselli Chemical Co. v. City Ice Co., Ala., 75 So. 920.

88.----Consideration.--Modification of contract of sale, by merely remitting part of the price, is without consideration; mutual assent not be. ing enough.-Montgomery County v. New Farley Nat. Bank, Ala., 75 So. 918.

89.- -Misrepresentations.-If purchaser of stock feed believed it to be unsound, after calling seller's attention to the matter, buyer could rely on his representations.-Kincannon & Gaines v. Independent Cotton Oil Co., Tex., 196 S. W. 878.

90. Schools and School Districts-Site for School House.-The matter of site of a school house rests with the township trustee and the school authorities, to the exclusion of the township advisory board, subject to its establishment on township property.-Steiger v. State. Ind., 116 N. E. 913.

91. Street Railroad-Look and Listen.-Duty of stopping, looking and listening at railroad crossings, held not to apply to street railroads. and duty of pedestrians and vehicles is reasonable care and is no greater than that of company, except that as car is on tracks, vehicles and pedestrians must give way to clear its passage.Runnels v. United Railroads of San Francisco, Cal., 166 Pac. 18.

92.--Res Ipsa Loquitur.-In action against street railway for personal injury from fall of trolley pole, where plaintiff might show hos the accident happened by circumstantial th dence, the accident was not itself evidence of negligence.-Dougherty V. Philadelphia Rapa Transit Co., Pa., 101 Atl. 344.

93. Taxation-Gross Earnings.-Where ordinance of city of Mobile stated that per cent (f gross receipts of street railroad to be paid as compensation for franchise should be computer on earnings on entire system within and without city, percentage was computable on gross earnings of entire system, including line out of city forming integral part of system, etcMobile Light & R. Co. v. City of Mobile, Ala. 75 So. 889.

94. Telegraph and Telephones Res Ipsa Loquitur.-Where one properly using telephone was injured by electric shock, doctrine of res ipsa loquitur applies, although shock might have been caused by electric storm.-Warren v. Missouri & Kansas Telephone Co., Mo., 196 S. W. 1030.

95.

ReVendor and Purchaser-Equity of demption.-Vendor of land has in equity a lien for purchase money, though absolute deed has been executed reciting different amount paid as purchase price, good as against vendee or any person purchasing with notice of non-payment -Lay v. Gaines, Ark., 196 S. W. 919.

96. Waiver. If, long after the final installment payment becomes due, the vendor accepts payments on account of interest on the unpaid balance, he waives his right to declare a for feiture for failure to pay in time without first deed tendering a and putting the vendee in default. Hermosa Beach Land & Water Ca Law Credit Co., Cal., 166 Pac. 22.

97. Wills-Annuity.-A clause in a will d recting a devisee of lands to pay an annuity for a period of years to a person named therein constitutes a legacy for the benefit of such person.-Dixon v. Helena Society of Free Methodist Church of North America, Okla., 166 Pac

114.

98. Contract.-Agreement to leave child's share of estate to one not legally adopted, or to leave all of property to another, held not enforceable, unless agreement, and that it was clear and specific in its terms, are clearly and satisfactorily shown.-Price v. Wallace, U. S. C. C. A., 242 Fed. 221.

99.- --Remainderman.-Where a will gave interest in remainder in a bequest to "children of M. V. B., J. M. B., and the four children of W J. M., H., V., J., V.," the word "children" as designating those of M. V. B., does not refer to children of J. M. B., and J. M. B., being alive. is beneficiary, and not his child or children, although in event of his decease they would take as his heirs. In re Mays' Estate, Mo., 196 S. W