The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-26
COULD NOT LEAVE ONE OUT.
Supreme Court So Interprets the
EIannerY VIII: Case

Supreme Court So Interprets the
FIannery VIII Case.
Five decisions were handed down by
the supreme. court Yesterday, perhaps
the most important being in the case OF
Falcon vs.. Flannery, in; which. is in.
volved the right of dying husband
to- entrust his property to his widow
for distribution among the other heirs
The syllabi in this and the other cases
follow: F-i1'- = ssrsteq 4 easEf7 :
Margaret Falcon ct al, appellants, VS.. Frank
Flannery ct al, respondents.
SyIlabus-The testators will directed his
widow to divide his real estate between his
children ITO the best advantage as she sees
fit and proper" In its decree of distribution,
the probate court assigned the real estate
to the widow, subject to the conditions and
provisions of the WILL & - fe
Held, she did not, by the terms of the de-
cree, take the real estate for her own use
and benefit, but was still required to- divide
1t between the children, and In doing could
not exclude any of them. -. -,
She, attempted to exclude this plaintiff, one
of said children, and thereafter died.
Held, the plaintiff is the equitable owner
at least, of an equal undivided share of said
real estate. Order reversed: -Canty, ].
George H. Baxter, appellant, We. Louis E.
Gale respondent.
Syllabus-On the evidence, held, the jury
were warranted in finding that it was the
the services performed by plaintiff for de-
fendant, should be performed gratuitously.
Order affirmed. -Canty, J.
Jeffery Spencer ct al, co-partners as Spencer
& Maher, appellants, VS.. Frank Stanley ct
al, co-partners as Stanley &; Sherman, re-
spondentS. iF--N =! .
syllabus-Where notice of motion for a
new trial does not state any grounds of the
motion, an appeal from an order denying the
motion will be affirmed
An appeal from order denying a new
trial will be affirmed when no. notice of mo-
ton and no grounds for the motion appear
in the record. Order affirmed.
Minneapolis. Trust Company as receiver of
Martin Ring, appellant VS.. Great Northern
Railway Company ct al.,. defendants; Great
Northern Railway Company ct al, respon-
dents. -
Syllabus-The subcontractors fully perform
ed their contract according to the plans
and specifications, but the contractor did not
FULLY or properly perform his; the owner re-
fused to accept until the contractor rebuilt
part OF the work, and the latter demanded
more material of the subcontractors under
their contract and refused to pay them I'm
| til it was furnished; they furnished the ad-
ditional material, making an additional charge
for the same and filed their lien statement
within ninety days after it was furnished,
put more than ninety days after they had
originally performed their contract
Held, the contractor is now estopped from
saying their contract was Originally fully
performed; for the purpose Of this estoppel he
is the agent Of the owner, and the lien was
MED in time. Order reversed and a new trial
granted. -Canty J.
John H. Brigham, appellant, VS.. Connecticut
Mutual Life Insurance Company, respon-
dent -
Syllabus-Order denying new trial re-
versed for failure to find on a material Is
sue when requested to do so. -Canty, J.