Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-05-16
WHAT The COURT DECIDES
Supreme Court Afirms the District
Court in Two Decisions Handed
Down Today.
Adair VS.. Adair from Ransom and
Mahon VS.. Leech from Cass
County are Affirmed.

The supreme court has affirmed the
decision of the district court of Ran
som county, Judge w. S. Lauder, in
the case of Lillian Adair, respondent,
VS.. Amanda M. Adair, ct al, appellant.
The proceedings were instituted in the
county court of Ransom county, where
the petitioner prayed the court to or
der the executors Of the will Of her
father, James Adair, to pay her the
sum of $500, bequeathed to her in a
codicil sto the will. The syllabus of
the decision is as follows:
GA testator executed a will and af-
forwards a codicil thereto. In the
codicil the following clause was used:
Should l alone die on this trip or in
consequence of it, then of the one
thousand dollars before willed to my
wife. five hundred dollars of this
money are to be deducted from her
and given to my daughter Lille or
Lillian before mentioned The tes-.
tator had not willed the specific sum
of 1000 to his wife, but had willed
her and another daughter than Lillian
the residue of his estate in value o
than $1,000. Held, that the legacy
was not a specific
The intention of a testator is to be
ascertained from the language of the
will and codicil construed together. If
the intention expressed in these in
struments is clear, t~ransposition of
words will not be resorted to-.
(Syllabus by the court.)
Appeal from the district court of
Ransom county. w. S. Lauder, judge.
P. H. Rourke and Alfred M. Kvello,
for appellants.
Ball, Watson & McClay, for respond
ent.
The court also affirms the decision
of the district court in the case of
George Mahan, as trustee, appellant,
VS.. w. F. Leech ct al, respondents.
The plaintiff in his capacity of trus-
tee and for the benefit of certain cred
itors of one G.. A. Grover, an insolvent,
sought the specific performance ot
three certain contracts constituted 8
part of these assets of the trust estate
of said insolvent. The trial court
found that all of the rights of Grover
and all other persons in the contracts
in question were wholly released ant
surrendered by a former trustee
Judgment was accordingly entered dis
) missing the action. Plaintiff appealed
from the Judgment and in a settled
!, statement of case, containing all thu
evidence offered in the trial court
+ asked a review of the entire case il
the supreme court.
: The syllabus of the decision is al
; follows:
The mutual rights and obligation
of the parties to a written cOntrac
for the purchase and sale of real estat
may be waived and the contract al
nnled and extinguished by parol.
d A court of equity will not extern
: the ordinary relief afforded by specifi
performance to a purchaser Of real es
e tate who has been grossly negligent {
his rights or has abandoned his COT
e tract. where the vendor induced by h
( action has entered into obligations il
il consistent with the performance of tn
l. contract, or where the application Il
relief is plainly induced by an increas
in value of the premises accruing sui
s. sequent to a voluntary abandonmel
I'd of the contract.
" Upon a retrial in this court of q
action for the specific performance