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2. The proper course no doubt, would be to WILL. pay the money into Court upon leave obtained.


1. The testator, by his will, devised "to my 3. The rule the money must be counted down

beloved wife, Rebecca Crone, the interest of oneia gold or silver or legal tenders is dispensed third of all my personal estate absolutely, and with if the creditor refuses to receive it before the interest of one-third of all my real estate it is counted.-16.

during life.” Then, after a specific bequest of TRANSCRIPT. JUSTICE OF THE PEACE, 13. farming implements, he directs that “all the rest TRESPASS. EASEMENT, I-2.

and residue of my estate, real, personal and TRUST,

mixed shall be divided among my children share

and share alike, but the share coming to my son EXECUTION OF.

1. When by will, a trust for a widow is annexed John I give, devise and bequeath unto his wife to the office of the executor, on his death it can

Mary Jane Crone for the use of my son John only be exercised by an administration of d. 6. during life, and after his death to his children n. c. t. a.Sanders' Estate, i.


HELD, recommitting the auditor's

report, that the widow was entitled to one-third TRUSTEE

part of the balance of the personal estate after DICRETION OF.

payment of a proportionate share of the debts, 1. When a trustee expends judiciously and for and to the interest of one-third of the real estate the permanent improvement of the trust estate after a similar payment.-Crone's Estate, 13. a larger sum of money than was originally con- 2. In a proviso to his will a testator directs templated, under an order of court authorizing the manner in which the net share of each child such improvement, he will not be surcharged shall be ascertained.-Afterwards he revokes the with the sum so expended.-Patterson's Ap- bequest to R., as contained in two sentences of peal, 172.

his will quoted by him in his codicil, but carefully 2. A trustee acting in good faith is entitled to avoids changing or annulling the mode in which a commission on money borrowed or expended the share of each child is to be ascertained. He in the improvement of the trust estate, even then gives the share of his son R. to his son's though his account is so kept as to require testi-wife. HELD, reversing the court below, that mony in explanation and a restatement thereof the share to which R.'s wife was entitled to was by the court, but the costs incident to such re- the share which R. would have taken if his wife statement are chargable to accountant.-16. had not been substituted as a legatee in his

3. Where a cestui que trust furnishes money stead.-Buehler's Appeal, 29. to aid in payment of improvements, in excess of 3. A devise to testator's son and son's wife for of the amount provided for by order of court, he life, with “remainder in fee simple to his heirs is estopped from denying the right of the trustee at law in case he should have issue, but in case to make such additional expenditures.-16. he should die without issue, then the said tract SURETIES OF. SU BROGATION, I.

of land to revert to the heirs at law of my three

daughters, A, B and C in fee simple," gives only TURNPIKE.

a joint life estate to the son and his wife. The LIABILITY TO REPAIR.

failure of issue meant is not is not an indefinite 1. Under the act of March 19th, 1804, incor- failure of issue, and the rule in Shelly's Case porating the President, Managers and Company does not apply. As soon as the son has a child, of the Susquehanna and Lehigh Turnpike Road, the remainder in fee vests in that child, opening and the directors were bound to keep the road to let in afterborn children. When once vested in repair and good condition; and when not in in such children the fee is absolute.- Thompson repair, as found upon the report of the viewers v. Ward, 57 appointed to examine the condition of the road, 4. Testatrix in the body of her will bequeathed and notice of the same being given to the toll- the residue of her estate to charitable uses. kcepers, they were not to exact any toll until Within a month prior to her death she made a the road was put in good repair, under a penalty codicil to her will. HELD, That the codicil so for each collection, recoverable before a justice made did not bring the bequest in the will of the peace.

A toll-keeper exacted toíl after within the Act of 1855.Lohr's Estate, 18. being notified of the condition of the road, and 5. The Act of 1879 enacting that "every will admitted the fact before a justice of the peace. shall be construed with reference to the real and HELD, that a good prima facie case had been personal estate comprised in it to speak and take made out against such toll-keeper, which could effect as if it had been executed immediately not be rebutted without affirmative proof that before the death of the testator, unless a contrary the condemned portion of the road had been intention shall appear by the will,” relates to put in order.Fétterman v. Robbins, 20. the subject of the devise and bequest and not the VENUE. PRACTICE, 10-13.

object of the gift.-16. WAGES.


6. It is not conclusive evidence of incompetDISTRIBUTION, 1-4.

ency to make a will that the testator has been AND CHILD, 1-4.

found, by a commission in lunacy, to be a habitWHAT IS NOT.

ual drunkard.—Hannum v. Worrall, 192. 1. Watching timber at a salary of fifty dollars per annum is not the kind of “manual labor,

7. A devise to two sons of all testator's real nor the salary such "wages of labor," as contem

estate, after the decease of the widow, "by pay, plated by the act of assembly requiring an affidavit and bail absolute for appeals.-Ziegler v.

ing” the pecuniary legacies, has the effect of

charging these legacies upon the real estate deEverhart, 89.

vised.-Lake's Estate, 141. WIDOW.

8. Such a lien is not discharged by a sheriff's TRUST, I.

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