cured her indorsement to a certificate of deposit belonging to
her and, procuring the money, loaned it, taking a note to him-
self. His wife indorsed the certificate when mentally incom-
petent, of which the borrower had no knowledge, though he
knew the certificate belonged to the wife. The transaction on
his part was bona fide; the husband representing that his wife
had indorsed the certificate and had authorized him to make
the loan. Thereafter the borrower made a general assignment
for creditors, and the husband filed a claim, verified by him,
for the amount due on the note Held, that the assignee was
not bound to account for the loan as a trust fund belonging to
the wife in the hands of its assignor.--Jewell v. Clay, 52.
9. NOTICE-Trust funds deposited with a bank were applied on a
matured note of the depositor. An officer of the depositor
testified that before making the deposit he told the bank's
president that the company was collecting money for many
people, and must not be placed in the attitude of paying its
debts with the money of others, specifically mentioning a cer-
tain transaction which he wished to protect. The bank's presi-
dent testified that he knew that a part of the company's de-
posit belonged to others, but that he had no knowledge that
any of it except such part was not the company's money, nor
did he know that any of it belonged to plaintiff. Held, that
the bank had no notice that plaintiff had any interest in the
funds applied on the note.-Smith v. Des Moines Nat. Bank, 620.
Same-A cestui que trust cannot recover trust monies which
were deposited in a bank by the trustee in his own name and
which, without notice of their trust character the bank applied
to a matured individual note of the trustee, surrendering the
note to the latter.-Idem.
ULTRA VIRES-See BANKS, 3; CORP, ; INSURANCE,
USURY-See BILL. EXCHANGE; BUILD. AND LOAN, "; CONSTITUTIONAL
LAW, 1, 2. ; LAND. AND TEN., 1.
VACATION-See JUDGMENTS, 8, 12,
12 13
VAGRANTS-See FEES, 2.
VARIANCE See CRIM. LAW, 7, 8; PLEADING, 3.
VENUE-See PRACT., 3, 4, 5, 6.
VOTE-See EVID., 80.
WAIVER-See DEEDS, "; INS., 8, 9; MORTGS., ', '; PLEA and Proof,
4; PLEADING, 14, 15, 16, 17; PRACT. SUP. CT., 29, 32, 37
WARRANTS-See MUN. CORP., 3, *.
WARRANTY-See NOTES, *.
WATERWORKS-See TAX., 6, 7, 8, 9.
WIDOW-See ESTATES OF DESCD., 5, 6; ESTOPPEL, 3; WILLS, *.
Small figures refer to subdivisions of Index. The others to page of report.
1. Construction-Where a testator directs that his estate be
equally divided between his wife and his wife's sisters and
brothers, devisees take per capita and not per stirpes.-Kling
v. Schnellbecker, 636.
2. REPUGNANT DEVISES-Under a will directing that all the residue
of an estate shall go to the testator's wife and that his daugh-
ter shall be sole heir to the estate if she survives the wife, but
that nothing in the will is to be construed as preventing the
wife from selling any real estate while she may live, and that
if the daughter dies without issue before the wife the latter
shall inherit the land, the wife takes an absolute estate in fee
simple in the land and the daughter has no remainder interest.
-Law v. Douglass, 606.
3. Contest-Standing of Executor Before Probate-Executors
named in a will, but who are not otherwise interested in the
will, cannot contest probate of a codicil revoking their
appointment and appointing others. In re Stewart, 117.
4. Right of Widow to Make-A widow can obtain her lawful share
of the estate in spite of any will, has no need to set any will
aside and has no standing to contest, though she, instead of
testator's sisters, might by possibility have been the heir of her
child, if there were no will, and though she might, were there
no will, have been entitled to administer on the estate. - Fal-
lon v. Fallon, 120.
5. Execution-Signature-Where a testator signs by a mark it is
not essential that his name be written by one of the subscrib-
ing witnesses.-Scott v. Hawk, 723.
6. Same-A will executed by a mark is "signed" within the mean-
ing of the law.--Idem,
7. Publication-A testator need not declare an instrument to be his
last will, and where subscribing witnesses to a will are dead
or beyond the jurisdiction, proof of their hand writing is com-
pliance with the law as to due execution; and it need not be
proved that the testator read over the will before signing it or
was informed of its contents.-Idem.
8. Jurisdiction to Probate-No written petition asking for the
probate of a will is necessary to give the court jurisdiction to
appoint an administrator with the will annexed.-Seery v.
Murray, 384.
9. SETTLEMENT BY HEIRS-An assignment by the heirs at law to
devisees, without the probate of the will, of all their interests
in the estate, is not conclusive against the right of an admin-
Small figures refer to subdivisions of Index. The others to page of report.
istrator with the will annexed to recover the assets of the
estate, although there are no creditors, especially where the
assignment is attacked for fraud.—Idem,
10. Revocation-CAPACITY-Guardianship-A testator has capac-
ity to revoke a will if he has full and intelligent knowledge of
his property, of those entitled to his bounty, and of the nature
of the act, and acts without being influenced by anyone, not-
withstanding that he is incapable of making contracts and is
under guardianship.-Linkmeyer v. Brandt, 750.
WRIT OF ERROR-See JUSTICE OF PEACE.
Small figures refer to subdivisions of Index. The others to page of report.
AUTHORITIES CITED
IN THE OPINIONS REPORTED IN THIS VOLUME.
2 Am. & Eng. Enc. Law (2d Ed.), p. 222
3 Am. & Eng. Enc. Law (2d Ed.), p. 750
3 Am. & Eng. Enc. Law (2d Ed.), p. 808
3 Am. & Eng. Enc. Law (2d Ed.), p. 971
4 Am. & Eng. Enc. Law, p. 1042, note 4
4 Am. & Eng. Enc. Law (2d Ed.), p. 1071..
5 Am. & Eng. Enc. Law, p. 776...
5 Am. & Eng. Enc. Law, p. 1071.
7 Am. & Eng. Enc. Law, p. 3.. 8 Am. & Eng. Enc. Law, p. 571.
8 Am. & Eng. Enc. Law, p. 938.
10 Am. & Eng. Enc. Law, p. 24..
10 Am. & Eng. Enc. Law, p. 162, et seq. 10 Am. & Eng. Enc. Law, sec. 1013, et seq
17 Am. & Eng. Enc. Law, p. 254..
20 Am. & Eng. Enc. Law, p. 955.
24 Am. & Eng. Enc. Law, p. 236..
25 Am. & Eng. Enc. Law, p. 904 and note..
26 Am. & Eng. Enc. Law, pp. 380, 381,
28 Am. & Eng. Enc. Law, p 70....
28 Am. & Eng. Enc. Law, p. 581.
29 Am. & Eng. Enc. Law, p. 168.
29 Am. & Eng. Enc. Law, p. 244..
Beach, Private Corporations, sec. 423
Beach, Contributory Negligence, sec. 59
Beech on Receivers, sec. 680..
Benjamin, Sales, sec. 145 ....
Benjamin, Sales, sec. 898 and note, also 901
Benjamin, Sales, sec. 162
Bishop, Directions and Forms, sec. 247.
Black, Intoxicating Liquors, sec. 434, subd. 3
Black, Law Dictionary, 592..
4 Blackstone's Comm. p. 232.... 2 Bouvier, Law Dictionary, 642.
Bradner, Evidence, p. 393
2 Brandt, Sureties (2d. Ed.), sec. 370.
Bump, Fraudulent Conveyance (2d. Ed.), 521.
Burrows, Taxation, secs. 10, 13.
2 Cook, Stock, Stockholders and Corporation Law, sec. 718... 2 Cook, Stock, Stockholders and Corporation Law, sec. 777. Cooley, Torts, 532.....
2 Daniel, Negotiable Instruments, Ch. 48, sec. 13. Daniels, Negotiable Instruments, sec. 960..
2 Daniel, Negotiable Instruments, 1262....
2 Daniel, Negotiable Instruments, (4th Ed.) sec. 1313, 1322.
2 Daniel, Negotiable Instruments, sec. 1398.
1 Devlin, Deeds, sec. 193.....
1 Dillon, Municipal Corporation, 354 to 356....
Dillon, Municipal Corporations (4th Ed.), sec. 85..
Dillon, Municipal Corporations, (2d Ed.) sec. 636..
2 Dillon, Municipal Corporations, (4th Ed.) sec. 656 b.
Endlich, Building Associations (2d Ed.), secs. 45, 77, 514, 531... 562 Endlich, Building Associations (2d Ed.), secs. 121, 122, 123.
Endlich, Building Associations (2d Ed.), secs. 475, 514..
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