The Saint Paul globe., 1900-06-14
THESB WERE AFFIRMED.
Lower Courts Quite Generally sus.
tanned Yesterday.

The sylIabi Of other decisions filed vas-
terday are as follows:
IN re Cunningham Estate. E. Fl Cum
bingham; bingham; respondent, vs. Ripley L,
cunningham ct al, appellants -
Syllabus-C duly signed an instrumar+
intended to be his last will and testaE
ineht, TWO physicians being present at
ms tbsr request to attest as witnesses. c was
It5Tm SUING T,g on the side of his bed the
paper Iylng on book in front of him
tne book being upon a chair. One of the
physicians took the paper and both sten-
pee peo, through q doorway into an adjoining
room ana afhXed their signatures Of q
table which stood ten feet from tba taS a
CaCor. he could have seen the table nv
SSiiG5ppLng Si5 pms forward two or three feet, but
O TO aXooo9 Itoo 20 SO; Ihe attest consumed not
70 exceed Two minutes of time the wiz
nesses returned to the testator their
elsIdtQfes were pointed out to him he
70 LOOK the paper into his own hands. look
ca II over ana pronounced it call right ;,
aeld, that General Statutes 1924 saotior
TAD WMch requires that wills must he
a. 1icIe5Ieu +5 ana subscribed by the witnesses
sI,f,in;o, i1l9 +l pi eSeIce or the testator, was
firmed. I'LL Tag{IiI 09T%gIIlent al
In Ire re Assignment Of Frank II. Page. John
nay, as Assignee Of Frank M Pagn
liant. '"coh' appel
syllabus-Upon the reversal IN this
1I me Judgnent in favor of the re-
BpoIGen[' as assignee of one PageNHaL,
vs. futile. 81 Mimi, 57-nothing remoipogS
10 po uone out to distribute the funds in
SI,9,,,If STe af3sig1ee,s q hands, insufficient in
1IIIOuHI 70 cover the expenses of +bo
trust, and thereupon an order of d;stri
button was made. Held, that tbe noIIr+
Eu5ed correctly when it subordinated the
me5tin,In5 entered 5 IN the reversal above
nlenloned to the assignee's claim for an
5Inounc which the court had snecifnaii1- H.
qetermlned was the re0asonable yaIlIe oF
nus services and the services of his ef-
40 TO- q
order affirmed -C0Iii1s r =
George Twaddle as administrato for of +ba
s3onde0f [Irg 0f arthur II, IWaddle, deceased, re-
receiver, etc, Of The Duluth RaiiwoI22 o'2
company, appellant ''i :" ''y
0yiIaDuS-l. Assuming for the mn
poses or this appeal that when mo l,;5c~ -
motion to set aside a verdict in dafaSd q
ants S FAVOR and for a new trial on tba
ground OF misconduct Of two Jurors q .
shoWn py their, own affidavits, the mo-
uon was irregular and defective without
q Seltled case, or bill of executions If iS
neId that defendants counsel waived The
hregularlty or defect by appearing at
sn5,,t ciIT OF the motion, presenting
counter aflldavits and by arguing and
submitting the matter without sI1ggestino o. ..
any omission or defect
(. hCid' that from the affidavits If an
pears that these TWO jurors visited tba
lecus in quo during the trial that +bnt5 llG
might be the better enabled to defern1inge
The eredibility of the witnesses as Vel
as DISPUTED, facts therein, ana further
tnat rom these a11ldavits it is not clear
that their misconduct could not and did
not AFFECT and influence their verdict.
Order affirmed. Collins 7 =
Jennie c. Heff1in. appellant, VS.. Board of
County Commissioners of Hennenin
County, Respondents
Syilabus-Gould vs.. Board of County
Commissioners of Hennepin County, 70
" w r. BOB Order affirmed -
Per CurIam.