The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-23

proper construction Of the language thereof Gre.
ates condition subsequent, or a mere covenant.
second-When the intent to, of the parties IS
such conditions are determined and enforced
precisely in other contracts -.
Third--Plaintif conveyed strip Of land for
and two strips adjoining thereto, one the
north and ore on the south, for yard and sta
ton purposes to the 9A1inneapolis. & Pacific
Railway company, to all the rights and liabil-
tiles OF which defendant herein has succeeded
subject TO the following condition which was
the sole consideration for the conveyance '.If
said second and third strips shall not be used
for station purposes for the period of one year
at any one time, the same, and said first strip
shall revert to and revert in the party of the
first rart.' ~ - T- - "-..-..s5-.
Held: GAY That the condition was in law
a condition subsequent and that failure on
the part OF the railroad company to comply
Herewith operated as forfeiture Of the es-
tate conveyed. (h) That the words "station
purposes as used in the contract. were in
tended, ly the parties to mean and refer to a
regularly operated railroad station. at which
company as. at its other stations; and (c) that
| as defendant has failed to comply with the con-
ditions by maintaining such a station, title to
the property III question reverted to plaintiff
Fourth-The rule that a construction Of a
contract by the acts and conduct of the par
ties subsequent to its execution is potent evil
dence OF their intent and meaning applied.
Nellie D. Bunker ct al, respondents, VS.. United
Order of Foresters, appellant. - ~ !. Is
| Syllabus: First-A motion for q trial
on the ground of newly discovered evidence is
addressed to the discretion Of the trial Judge
upon full consideration Of all the evidence given
at the trial and the legitimate effect which the
new evidence taken in connection Herewith
ought upon legal principles to have toward
producing a different result. 4 II
second-1t is not enough that the new evil
cence be material. The court must also take
into consideration Its Importance and determine
whether in connection with the evidence already
introduced it will be liable to effect the result
OF another trial. Lampson vs.. Brander, %
MINI, 636. .&a 81. ID - *. s.E
Third-Tle inquiry Of the appellate court is
not whether, upon the record, new trial might
have been properly granted but whether the
refusal to grant n new trial involved the viola.
ton OF clear legal right or manifest abuse
of judicial discretion
fit society certificate, held, that there was evil
denc' tending to support the verdict and that
a new trial was properly denied.
4 Order affirmed Elliott J.
/ In re estate of James Brannan deceased
/ Church of st. Vincent de Paul let al, re
soondents, vs.. Mary Ann Brannnn, appellant
Syllabus: First-In proceedings involving tn,
validity Of o will tits held, that the question
whether the. tesla tor was of sound or unsount
mind, or mentally competent to make the same
vas on me evidence question of fact, ant
the findings Of the trial court are sustained
second-Tho will prepared from instruction.
and directions given by the testator, and signed
by him upon tine assurance that it expresses
his wishes, will be invalid If the language tLere
OF does not III Legal effect make the provision
intended by him, it will not necessarily be in
valid If by the will construed in connection
with the statutes ne Inheritance, the propert.
passes to the persons intended
Third--A failure to incorporate clause Civ
a ing the residue If testators estate to the per
son who In the absence of will would in
herit the same, will not render the will in
valid. 81
4 Fourth-Whcther the will involved in thi
q proceeding was properly attested was a questio
Of fact for the trial court. Cunningham vs.