Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-01
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Elmportant Decisions3
LlteE LEASE.

LIFE LEASE.
| Decedent and his wife executed a
life lease to claimant on condition that
he should care for them during their
lives After the lease was executed,
decedents wife required constant care
and attention and the services re-
quired OF claimant became more on
erous after the lease was made. Az
ter the death of decedant's wife
claimant rendered services to decedent
evenings and nights for two years,
when decedent died. In action against
the estate to recover for extra serv-
ices. Held. that the claimant was
| entitled to what the additional serv-
ices were worth, but that Judgment
for $500 was excessive. Oliver VS..
Jessup estate, II ID. L. N. 425 (Mich.)
CHRISTIAN SCIENCE-FRAUD.
The defendant is a teacher of Chris
| tan Science and was in February,
1901, first reader Of the First Church
of Christ, Scientist, of the city of De-
troit. Plaintiff claimed that on the
14th of February 1901. defendant
falsely and fraudulently represented
and pretended to plaintiff that she.
defendant, was sincere and honest
| believer in and adherent, follower and
practicer of the principles Of Christian
! Science and mentally and morally
competent and qualified to give class
| instruction in Christian Science ana
Mind Healing" Plaintiff paid defend
ant 800 for instruction, which was
given. That by reason Of defendant
not being a sincere and honest be-
lever in and follower Of Christian
Science, the plaintiff received no benz
eft from the instruction given him,
and he sought to recover the money
paid. On the trial, plaintiff to sub
stantiate his claim that defendant was
not an honest believer, ETC., offered
testimony to show that about two
years before his contract, the defend
ant received treatment from a local
physician for the purpose Of removing
superfuous hair on the face. This
was excluded and plaintiff appealed.
Held, that aside from the fact that the
physicians testimony would be incom-
petent because privileged, the testi-
mony was properly excluded, because
it occurred two years before the con-
tract with plaintiff, thus leaving ample
time for defendant to mature her be-.
lief, and for the further reason that
there is diversity Of opinion as to
whether superfluous hair is disease
or facial blemish, and If the latter 1t
would not be an evidence of unbelief
in Christian Science If defendant did
consult physician with a view to it's
removal. Meyer VS.. Knott, II d. l.. N.
436 (Mich)
JURORS-COMPET
Respondent was convicted in the
lower court of the charge of corruptly
accepting $500 to vote as an alderman
| in favor Of the city Of Grand Rapids
accepting certain water contract. Six
| Of the men who sat as jurors on re-
spondent's trial had Only q few days
before assented to verdict of guilty
in another case growing out Of the
same transaction, in which the infor-
nation was the same, and the testi-
mony referred to the same matter, diff
fering only in respect to the respon-
dents. Held, that such jurors are not
the impartial jurors to which defen-
dant is constitutionally entitled.
People VS.. Mol, II D. L. N. 446
(Mich.)
NEUTRALITY-SUSPICIOUS..
A will directed that the property Of
the testatrix should be sold, and the
proceeds placed with trustees, to be
expended by them for the support and
education of her two minor children.
1t was fairly inferable that the trust
was to end when the children be-
came Of age, and no provision was
made for the payment Of any surplus
that might remain. From the apparent
value of the estate 1t was reasonable to
believe that the testatrix assumed that
If the children, or either of them, lived
4 to the age of 81, its proceeds would be
exhausted before that time. The will
concluded with the words, "and in the
event of the death Of each Of said
children. D. j. and K. j., the residue
Of nv estate. give and beoueath to my
brother. j. o." K j. died before his
mothers death; D. j. shortly after.
Held. that the rnevpended norton OF
/ the estate goes to the testatrix's BROTH
er. and not to the heirs Of D. J.
woolverton VS.. Johnson, ~ Pac. 5S9
(Kas.)
I. chamberIain's Cough Remedy Is Pleas
ant to Take.
The finest quality Of graduated LOAF
4 sugar il used in the manufacture OF
Chamberlain's Cough Remedy, and the
49,. raff0n give 1t q