New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-16
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMoN"
THE COURTS.

cd
year. and there is nc good reason why liter
y,cation should not be shortened by an ea,'e
opening of the civil courts. The TWO "ee"' -
saved might be allowed as additional ie''"''
AT the Christmas holidays. the chanse nae
bcen suggested but never appeals more lo'0''
LAWYERS than in the last few days Oh 'eP''
when members of the Bar. refreshed aiter 'ne''
-. roc, arc ready for their usual labors Inc
i.,,ar mart of September Is not unpleaeahti! ""'N
in the CITY, and the third Monday IN ~, a rial
would be suitable an oprr,,ns the irst Monday
az oc,rher If II were essential TO open the i
the beginning OF '4 3Ton NONE the frs, to inr third
Monday in september. Two weeks Oh .,e I'm IN ,bnr
men ~ ot couId thus be secured Tor the work
OF the courts. the stated viSdt'Vn ~ ,dvantage
IN many ways Business men, especially .v ,o,s
dealers who are summoned as Su'1 SIi%av Tine in
"pder TO attend to their own occupations ana tne
pleasures and family duties OIL , nae courts to main
,ain their usual amount OF work Inc PROPOSE, ~
lam the TWO vacation weeks from September
n,,hr seems TO have grown rapidly IN favor
u',h members of the Bar since the suSsesuo" ""'
made n few years ago
The examination Of candidates for admission 10
the Bar in the Second. or Brooklyn Department "'S
one OF the last which Will be held before inc Nv"
law for uniform examinations goes into erect o'e
unneasant feature was developed. although 'he ii''
Tar vas NOT worth the excitement when IL c'ca'e'
among some OF the candidates for admission \
fee is usually charged by the clerk to thoSe ue'"
ing certified copies % the orders adh''''"s ','''
TO the Bar and in this case the CLERK as III ''
done on other occasions In the last lew years,
coeced a zee from cac.. candidate before he was
sworn and agreed 10 return II in case me
was not desired Some OF the candidates opJso' t
~ his proccIure. and change was orderti py
which all the fees were returned, anu pnis sIo5
who apply hereafter for certificates VII mdiIates
To- nav the fee. OF the successful canu'nav IT,
AT This examination was Peter r McLausnI'', VIZ
has been for several years stenographei III om.
NO courts and is well known and popular among
many members of the Bar , -; pr'SSss rs, IN Sc
nmgraphy until ne bccamc one OF the most eXprr pr
shorthand writers in the city, mn r II, arer in the
| as are usually taught AT college ana ao, r,,ar ~
legal studies essential TO becoming nein ~ ia 40
| III Bar He received the CONGRATULATIONS ot '',',s
| Judges and lawyers last week di'er MS S"'''' ~
| known.
| The amendments as examiners OF candidates iof
admission to the Bar under the new statute dp'
| near to be sought With unusual easerhesS' 'o"
| siderinE that the compensation allowed VIII "o' "
large for a busy lawyer. The appointments 81,
| highly honorable and will probably be ac'rp'eu
| no, olon. because of the salary but from n desire
IN assist in maintaining the high character OF t'lc
profession by careful scrutiny OF W. n ,,b"r
Hons Of the candidates a representative NJ Inp'i
| ~ the state Bar Association. which was ih'scs
| influential in securing the passage OF tne h.M
| law will undoubtedly be selected, anu "a. P ~
| 81 residence OF the candidates VIII also ne con.
| sidercd. The appointment mnS ',ss'"n a f.w
| after the court Mods us OPENING ''
weeks hence.
| The New-Jersey statute in reference 10 the exc
cution OF Wills is no, greatly different from tha'
| OF Ncw-York and recent case before the NM
| dcsex County orphans Court. IN when i'es"
| ing Judge Rice wrote the opinion. calls Afternoon
| IN one requisite - the valid execution OF wiz
| which may often be overlooked. IL Is sometimes
supposed on the authority OF one or two Newt ork
cases that II testator does not sign me VII, ~
the presence OF witnesses ms & n, tro,iuc.
| Ing II and asking the Witnesses 10 slHh '"'' ,
and from his presence whi'e the h ufp' mo hanI
|
| writing OF the iestatOr IA id"niihed ne 'aS' r.
Gently decided in Mlddlrsef Souhty ,. ~. 'Dos mo-
evidence that the testator when ne pr Va ~
acknowledged that the signature Of ne wiI wa wa
| his. although he SAID that ~ Wa ~ pGce saWs
| that IL the Witnesses have not sen The ,rsta,g'
sign the paper he must both ackno"isns" ,ur ak n
nature and also declare IL 10 De ms ihS' VIZ , al"
! testament The two acts arc separate. ana p pom
be JgSf. f the NV
| Of Baskin against Baskin ana .hpert "h1n"I
! Knox decided In the Court OF Apiehl@' VIZ.
| ~ouli seem Al first glance TO make It possible
| 10 accept the will ~ valid without a srparate "hn
| ,esta,or apart from his statement that IN" paper
was his viii The point - delicate one nut IS
a viii Is Of the hrst Importance
An ,mpor;an, collection Of cases on descent
,vs and the administration 81 the estates of dead
persons has been made 10y Professor Nathan Nd
| bolt Of the Northwestern University Law school
AZ Chicago Professor Abbott If one Of the most
| successful of the younger teachers IN the ia"
schools and has an attractive and Interesting per
sonalty which lends weight 10 ms lutheran - rom
| ~ c,ses I'm, series OF extracts from standard
| treatises and selections from statute law. the
wnolG ho,h ," * treatse and or collection OF lead
| ing cases on wills There has been much differ
ease" method of instruction and that by
treatises and lectures but this volume by frofes-
sor Abbott shows that there IS middle course
which Instructors in law may pursue win aiVa in
| Of sci he'd authOfi
| tatlve opinions delivered 10y judges In important
A peculiar case IN England from the com
plants OF some houscholIcrs who were troubled by
the noise OF organs al rival merry go-rounds."
situated each other. When one organ a.one
was PLAYED the NOISE bearabe. and according
70 the decision OF the court did not create such "A
nuisance as the court would have aba'eI. But when
both organs in operation the noise was 80
great a. in come TO injure the health OF nerv-
| Gus women living near the pleasure grounds In"
question which the courts were asked 10 pass upon
was whether a man could De cnloned from doing
that which not in Itself nuisance. but which.
| with the addition Of Ike act by another person
did constitute a nuisance The hlgh court OF Jus
tce has decided that IL shch cases both Of the per
sons could be enjoined from carrying on the an
| separately was maintaining nuisance such as
would lead to the interference Of the courts
Two cases recently decided in the courts show
the difficulty arising from divers laws In different
States. Vermont over the estate OF n
man who lived for many years in Vermont. and
then went TO Illinois, acquired some property there.
! returned TO Vermont and died. leaving Will which
he had made while he in Illinois. As his prop
! erty was mainly In Illinois and the executor and
principal legatce were In that state, the VII! was
| probated there but was not offered for probate In
Vermont where testatOr left only few articles
| OF small value. His widow took possession Of the
articles remaining in Vermont. and sold some Of
/ them Including "A COW. a stove and some household
utensils The widow died few years afterward
| and a suit was begun against her estate 10y ad-
! ministrator for her husbands estate appointed III
Vermont. The will which valid in Illinois
could not be proved in Vermont because there were
only two witnesses to the execution. and the Yer
mont law requires three Witnesses. The widow. IL
was held had right to sell the articles and a