The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-31
RECENT LEGAL OPINIONS.
"A LibelOus Will


An exceedingly peculiar case was before
the Orphans Court, of Pittsburg, Pa, re-
Gently, for decision 1t shown that
the will of a minister contained state
ment to the effect that one Brady had re-
ceived over $1,000 from the testator for
clothing, maintenance, education, etc, and
had promised to repay it, but had not paid
a dollar, and that the testator had
intention of releasing said debt, and had
bequeathed the same to two friends to col
lect for their own use. Brady, who is a
lawyer in Cleveland, thereupon filed petit
ton asking that the estate be held respon-
sble for the libel in the sum of $4,000. A
demurrer was filed, because of the minis
terS death but the court overruled the de-
murrer, holding that the right of action
did not abate with the death of the tesla
tor, because it had not accrued until after
the death and publication of his will. The
action certainly seems to be without prece-
dent. 1.-THE American Lawyer.l
-Attorneys-A greement to Pay for Litiga-
ton
A stipulation in contract between at
torneys and client for the payment by the
attorneys of the cost of litigation is held
to be against public policy, champertous,
illegal and void. [5S Lawyers Reports An
notated (Utah), 1921
Landlord and Tenant-Repairs.-
An agreement in a lease requiring the
tenant to make all inside and outside re-
pairs does not include extraordinary re-
pairs occasiOned by the falling in of the
roof of a part of the premises caused by
lease import simply general covenant
TO make ordinary repairs, sand they do not
take the holding out of the operation of
the real property law authorizing a tenant
TO surrender premises rendered untenant-
able by the elements when there is no
written agreement to the contrary. New
York Law Journal. (New York Court of
Appeals)l
Criminal Law-COrpus Deficit
A statute enacts that the body or parts
of the body of deceased must be found,
and be sufficiently identified to establish
been killed, in order to sustain a conviction
for homicide. On a prosecution for murder,
the evidence showed that a skeleton was
found. The clothing found with the skele-
ton was identined as the clothing worn by
the deceased Immediately prior to his
death. The body had on one of it's arms a
peculiar bead which was identified as hav-
ing belonged to deceased; and 1t was shown
that he wore such a one Immediately prior
TO his death. Accused and deceased were
seen together a short time before the homi-
eide The coat, pants and vest were iden-
titled as those of deceased, and the accused
was found in possession of the hat shoes
and money of the deceased after the honi-
eide Held that the corpus deficit was not
established, and the prisoners conviction
Of murder must accordingly be reversed.
[65 southwestern Rep. (Texas, Judge
BrOoks), 1853
Manufactures of Firearms-Liability to
Purchaser
Where a manufacturer of firearms
showed that the materials used were pur-
chased from a reputable manufacturer who
subjected them TO proper tests before sell
ing them. and that the firearms were skill
fully put together, and when completed
properly tested, he is not liable TO a pur-
exploding. L7S y. Y. Supplement Judge
Houghton), 7SS