Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-06
kImportant Decisions
w1LLts-RELIG1oUs BELIEFS.

scendent Of j. G. Scott, deceased, fl
ed a bill to set aside an instrument
which had been admitted to probate ;as
the last will and testament of his
father. The first clause of the will
gave to the SON a certain business In
which the deceased had been engag-
ed during his lifetime, and a certain
dwelling house and a lot for the term
Of the sens natural life and to his
children, but in case of no children
then to be given to the American
Swedenborg Printing and Publishing
publishing and circulating the theo-
logical writings of Emanuel Sweden
borg. Other requests were also made
to the same society for the same prtr-
poses. Plaintiff alleges that deceased
was mentally incompetent and among
other things showed that he was be-
lever in Swedenborgianism and was
an enthusiast in the propagation of
the faith. Held, that such belief and
enthusiasm is no evidence of mono
mania.
Scott VS.. Scott, " N. Il. 70s (Ill.)
NEUTRALITY-SUSPICIOUS..
w. Newcomb died Aug. %, 1856,
leaving II widow and a daughter, an
only child, surviving him. BY the
terms Of his will he bequeathed to his
Wife an annual income of $4,000, and
directed that sufficient of his estate be
set aside, and invested to produce tina.
sum. He also devised certain sum in
trust for his daughter, providing, that
in the event of her death without Is
To n 10.
wife, and directing that, after making
provision for the requests named, the
eesidue of his estate should go to his
wife absolutely, and in the event OF
her death prior to the daughters de-
cease, then the amount set aside to
provide for his wife's income and all
he residue to revert to the daughter
absolutely. The daughter died in 1870.
unmarried and without issue, leaving
her mother surviving. The win not
providing for the disposition OF the
rust fund for the benefit of the wife
in the event of the daughter prede-
leasing her mother, this action was
brought by the trustee of that erust
20 obtain direction of the court as to
he ownership of the remainder Of said
rust fund. Held, that deceased died
tntestate as to such remainder, and 1t
passed to his wife and daughter, and,
on the death of the daughter without
issue, her interest passed to his Wild
ow. Pomeroy VS.. Hincks, u N. E. CPS
On. "
DEFECTIVE SIDEWALKS. :
Plaintiff, while walking on the side
walk of Union Park street in Boston.
vas thrown down and hurt because
the emil of her crutch went down into
, circular opening in the surface of the
sidewalk caused by the absence of
class disk in Hyatt Light. The hole
vas from to 2ss inches in diameter.
rhe crutch went down into the hole
,bout two feet Several of these glass
disks were out at the time of the ac-
,ident. Plaintiff brought suit against
ehe city for damages and recovered a
yerdict of $500. Defendant claimed
that the lower court erred in leaving
he question of whether the hole was
defect, to the jury. Held, that 1T was
"a question Of fact for the jury, and
that the court could not hold as a
matter. of law, that such hole was not
a defect.
Upham VS.. Boston, Y N. =. 946
(Mass,)
DoMIcILE OF TAXPAYER.
Plaintiff owning house in the city,
Of b., and one in the town of C., oc-
,upied with his family the house al
G. from May to December, 1900, and
In the fall of that year formed an in
tention to become a resident of C., and
gave notice to the assessors Of E., that
ne was a resident of c. In December
ne moved to his house in p. ard was
not in c. again until June, tho his
intention of remaining resident there
continued uninterrupted. In April he
went abroad, notifying his family tic
re in C. by the first OF May: but as
eact they did not arrive there until
,fter the first, and he did not Motif,
he assessors OF c. OF his having be
come. a resident there until June, 1901