The Portland daily press., 1890-01-06
SUPREME JUDICIAL COURT.

- Inc following decisions, with rescripts by Judge
Foster have been announced in eases bending he.
lore the law court for the Western District.
ANDRoscoGGN COUNTY.
Warren Hamilton VS.. George f. McQuillan ct
Rescript 1t is competent for a solvent testator.
naVng vile but no children, to dispose by will of
tate at ms a. cease, to a person other than his
wife, where his intention so to do is clearly and
definitely expressed in his will.
=, When such money has come into the hands of
ne executor, or OF the administrator de bo,,is NON
VIM, Win tne VIII annexed, an action may be main
tdIneu D. tne legatee to recover the same.
interest may also be recovered upon a pecuni-
AIRY legacy from such time as either by the will or
py tne rules OF law, 1t becomes due and ought to
De PAID, where there are assets belonging to the
estate subject 10 such legacies.
AS rule, pesuniary legacy payable generally,
able at The end of one year from the death of the
sestator without Interest," and If not then paid il
oeaIs interest after the expiration OF the year.
Nor IS any demand necessary In order to entitle
legatee to interest.
Judgment for plaintiff for s3os, and interest
'hereon from Dec. 81, 1886.
KENNtBEc COUNTY.
Thomas Gipatrick ct ais, in e.. VS.. Daniel
Gldden, admir-, ct Hls.
Hescrtpt.-A bill in equity may be amended or
reformed at The discretion OF the court with or
without terms, at any time before final decree is
entered ID sal cause" X. S. C. II, sec. III.
Exceptions do not lie to the exercise of this dis
A decree becomes final when formally drawn.
asdopted by the court, and placed on file, as the
judgment OF the court.
mere order for a decree before IL is extended
IN que form and In apt and technical language, is
t not maj decree, or complete record of the
Judl ment of the court
exceptions overruled.
OXFORD COUNTY.
Jonathan A. Bartlett ct al, aplts. from decree
81 Judge OF Probate, petrs. for leave to enter
Resc'Ipt.-The right of appeal from,the decision
VI tne Judge OF Probate Is conditional and such
appeal can be prose- uled only upon COMPLYING
appeals 90
or 10 the Judge OF PROBATE for the benefit Of the
adverse party, for such sum and with such sure
ties as the Judge approves"
pond with Only one surety is not such a bond
as The statute contemplates.
Exceptions ovarruled.
KENNEBEc COUNTY.
Maria Z. Sullivan VS.. Maine Central Railroad
Company. ~
ReScrtpt. Riding ,iIjon Sunday for exercise and
1l 10 oansr purpose is not violation of the stat
gIe ia rellaeton to the observance Of the Lords
The statute was not intended as an arbitrary in.
reference with the comfort and conduct OF fndi
Sdnals when necessary 70 the promotion of health
IN Walking or riding IN the open air for exercise.
Exceptions Overruled.
YORK COUNTY.
Barnabas 7. Hill VS.. Joseph W. Nutter
heScript. = In an action OF tr0ver for horse the
ueiehudut cldlintu ttc Dy Vlttue OF the following
instrument:
, NEwFIELDIAug. 30, 1886.
agree TO let Joseph w. Mutt have two tons
Englsh hay, at S14 per ton delivered, and two
tons Of run hay at 81 per ton delivered, and pay
him $40 per month for three months to come,
September; October. November and SIS per month
after until pay him SIPS and interest," for black
mare that he lets me have, and said mare il 10
remain said Nutter's until she is paid for.
-, - GEORGE SMITH.
Sec g.. ~ " - -.
2. That it contains mote" given for personal
property bargained and delivered, within The
meaning OF the statute. ~
Exceptions sustained.