Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-09

Samuel D. Greenwood, respondent, VS.. VIM.
p Murray, as the executor and trustee in
the last will and testament of MilisSa j.
Miller, deceased, and Louisa Miller, appel
lants.
Syllabus-A petition having been made to
the probate court by the executor 10 the mat
ter of deceased testator of decree assigning
the residue of the estate to the persons by law
entitled to the same, pursuant to the provis-
ions of chapter So, section 4, General Statutes
of 1878, the court made an order properly en-
titled in the proceedings, and referring to the
petition, that the application be heard at a
time and place appointed, and 'that notice
thereof lie given to all persons interested, by
publishing copy of this order for three sue
cessive weeks prior to such day of hearing,
in the ST. Paul Evening Dispatch, newspaper
printed and published in the city of st. Paul,
in said county,"
The order did not name or further designate
the parties interested.
Held, That a publication of the order once
week, or at intervals of a week, for the period
prescribed by the order was sufficient COM
plIance with its terms, and that 1t was not
necessary for the publication to be made
daily, or in every issue of the paper during
the period.
Held further, That the publication of each
order was sufficient notice, under Section 8 of
the same chapter, to an heir at law of the de-
ceased, though 1t did not designate her by
name, or otherwise refer to her than by the
general language above quoted.
A testatrix devised certain real estate to
her executor, appointed by the will, in trust
to sell the same five years after her death, I'M
less the heirs should agree to postpone the
sale for a longer period, and to pay over the
proceeds in designated portions to her hus-
band, her nephews and her two daughters
who were her heirs at law.
Held, The trust having been validated by a
decree of the probate court not appealed from,
that the word "heirs" to whom the power to
part from the sale by agreement was given,
must he considered to mean all the legatees or
heneficiaries of the trust of the will.
Order affirmed. CLARK, j.
Mary A. Cllrk, administrative of the estate
of James s. Clark, deceased, respondent, VS..
the ST. Paul & Sioux City railroad company,
appellant.
Syllabus-The rule that In the contract of
employment in a dangerous occupation like
that Of operating a railroad, there is an i'm
piled obligation in law resting on the employ
er or master, which requires him to use dire
care in supplying or maintaining the instru-
mentalities for the performance of the work
which he requires of his servants
and renders liable for injuries occasioned by
neglect or omission to fulfill this obligation,
does not apply 10 injuries from perllS winch
were known by the servant to exist and to be
incident to the employment when he entered
upon it.
If servant enter into an employment in
volviDg dangers of personal injury which the
master might have avoided, he takes upon
himself the risk of all the hazards incidental
to the employment, the existence and nature
of which were known TO him when he entered
the service, and which he had no reason to
expect would be obyiated or removed.
The principle applied to the case Of a serv-
ant who was injured by coming in contact
with roof or awning projecting from the
side of an elevator, over side track upon
which the servant was engaged in moving
freight cars. CLARK, j.
Van H. Higgins respondent, VS.. Henry s.
Hale, appellant.
Syllabus-A composition in bankruptcy fully
performed under section Z, act of congress OF
June %, 1874, amending the bankrupt law, is
not voluntary discharge by act of creditor,
and new promise by the debtor TO pay the
residue of the debt above what was paid in
the composition, is upon sufficient considera.
ton.
Judgement affirmed.
GILFILLAN, Gu.