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is not to be construed so as to
hold that such bequest or devise
fails to become operative by reason
of being in violation of statutory
regulations-nevertheless it may
come within a clause making a dis.
position of property not specifically
disposed of. Huidekoper v. Perry.

326.
Testator has power to prevent
legacies in the hands of an admin.
istrator from being seized by cred.

itors. Skillman v. Symmes. 39.
WITNESSES-

Only witnesses who are exper.
ienced in a certain rade can testify
to the custom existing in that trade,
and their testimony is not to be
given as a matter or opinion, but as
a matter of facts. Tillyer et al. v.
Glass Co.

209.
The question as to whether

well produces gas in paying quan.
tities is a question for the jury to
decide, and a witness cannot be
called to decide such fact for them.
Ohio Oil Co. v. McCrory. 441.

The witnesses might be called
to give the jury evidence of facts
which would enable it to arrive at
a conclusion as to what a well
should produce to justify marketing,
but a witness cannot be asked the
very question that is involved in the
litigation, for if that was SO it
would not be necessary, to have a
jury.

Ib.
WORD'S AND PHRASES DEFINED

The words, “cause, suit, action
and case," when used to describe
a proceeding whereby litigation is
carried on, are used as syonymous
terms. Clark V. Commissioners.

Ex- PRE
72-19-1

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