The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-07-14
L DECISIONS

Below We give synopsis of some re-
cent decisions by the courts Of las. re-
sort in several OF the states upon mat
ters fnat are Of general interest. These
extracts are taken from the advance
sheets Of publication by the Lawyers
COOPERATIVE Publishing Company, OF
Rochester, y. Y:
Under d will giving real estate ID
teslator's wife for life. and providing
that al the expiration of the life estate
that which is given to her for life
shall be equally divided between all
my children. share and share alike,
the representatives Of such as may
have died to stand in the place Of their
ancestors" it is held. in Bowen vs..
Hackney On. CO. CO L. r. A 40. that
no estate vests in the children until
the Widows death. and that. therefore.
a child dying before the widow has no
interest which will pass 5y It's will.
A clause iii a Will fCrbiddinc the
sale Of ~teStator's real estate during the
lifetime of the life tenan is held in
Wood vs.. Fleetwood On. CO 81 l.. X.
A ~. to be void AS against public
policy.
A check on an open hank account is
|4ACAo- III AcFC W. SUN EA~
change Cnd. Terri Ct l.. r. A. Gil,
10 to constitute an assignment of the
fund. or take precedence of a subse-
duent attachment levied OH the fund
before the check is presented for pay
ment or brought to the notice of the
bank. If such prescntment is not made
or notice given. within a reasonable
time.
A policy of insurance on the furni-
@,.- E l~1I
National ms. Co. Or. ID 81 L. r.. A.
49,. to be void in toto if a large part
Of The furniture has been purchased
on the inStalment plan and is not paid
for. and tie policy provides that it
shall be void if the interest of the in
siIred IS other than unconditional and
sole ownership.
Inc aEuointment Of one as cashier
Of a railway station. with power To
collect money. give receipts. sell tick
cts. take care of The money received,
n forward it to h treasurer Of the
company. is held. in Daniel VS.. Allan
tic Coast Line Railroad Company IN.
c. 81 L. r. A. Abs. not to empower
him to 2rrest persons whom he sus-
poets CT having stolen money which
has come into his possession. SO as to
render The railroad D liable
in ease he causes the arrest of an in
rocent person.
A rarol gift of a note is .neld. in
Vann VS.. Edwards IN. c. 81 L. r. a.
4e1. not to be within the meaning Of
a constitutional provision recurring u
mans written consent to make valid
his Wife's Of her property.
since the word CONVEYANCE" has ref
erence to the transfer Of such porper-
ty us must be transferred by written
instruments. A note to this case col
lates all the other authorities on the
question. Is a parol gift a CONVEYANCE?
A widow who offers for probate and
undertakes to carry out as admins
tratrix with the will annexed. the will
Of her husband. which devises to her
her Overland for life with remainder to
their children. and an additional sum
of money. is held IN Tripp VS.. Mobiles
On. c. 81 I. r. A. 449. to be estopped
to assert her absolute title to the real
estate.
A street railway is held. in
Moore VS., Charlotte Electric r. L. &
P. Co. On. c. 81 l.. r. A. 47O. not to
be liable in damages for the killing Of
a deg by one Of It's cars. unless the
killing is done wilfully. wantoniy. or
recklesslv.