all the property "described as that part of Rigby's estate purchased by my said father, consisting of L., K., F., and M.," except the mines, in a certain manner. The mines he appointed otherwise. There was no other mention of the omitted closes G. and B., which lay between those named in the appointment. Held, that the whole of the six closes were duly appointed. - Travers v. Blundell, 6 Ch. D. 436.

2. Testator left £6,000 in trust for his two daughters J. and A., for their respective lives, in equal moieties, and "from and immediately after the several deceases of each of them leaving lawful issue or other lineal descendants her or them surviving," upon trust to pay, assign, and transfer the principal fund of her or them so dying unto her or their child or children, or other lineal descendants, respectively, . . . such child or children, or other lineal descendants, to take per stirpes and not per capita, . . . to be paid . . . to them respectively when and as they respectively shall attain the age of twenty-one years." The income to be applied meantime, if necessary, for their support; "nevertheless, the . . . shares of the said child or children," in the principal, "shall be absolute vested interests in him, her, or them immediately on the decease of his, her, or their respective parent or parents." In case a daughter should die without leaving "issue or lineal descendants her surviving," there was a gift over to the other daughter and her issue and lineal descendants, in similar form; and, in case both daughters should so die, a gift over to third persons. Held, that the children of a daughter who died before their mother's death did not take. — Selby v. Whittaker, 6 Ch. D. 239.

3. A testator gave property to trustees for sale, and to stand possessed of the proceeds, to pay his son £3,000, and to invest £28,000, and pay the income of £10,000 thereof to his widow during widowhood, and pay the income of six portions, of £3,000 each, to his six daughters respectively and their children. At the death or marriage of the widow, the £10,000 was to fall into the residue. The residue was to be divided into as many equal shares as I shall have children living at the time of the death or second marriage of my said wife (which shall first happen), or then dead, leaving issue;"' £1,000 out of one share was to be held in trust for his son and his son's wife during their respective lives, and then go to their children. The balance of the share was to be paid to the son. One daughter's share was to be held in trust; the shares of the others to be paid to each of them living at the decease or second marriage of the widow. There was a provision that any advances made should be deducted from the amount of residue due the child to whom the advance had been made. Held, that the son was entitled to the £3,000 at once, although he was indebted to his father in a sum nearly equal to his share of the residue; and that the words "living at the time of the death or second marriage of my said wife" must be stricken out, as inconsistent with the rest of the will; so that the children living at the testator's death took vested interests in the residue. - Smith v. Crabtree, 6 Ch. D. 591.

4. Testator began as follows: "As to my estate, which God has been pleased in his good providence to bestow upon me, I do make and ordain this my last will and testament as follows (that is to say)." He then devised a farm; then, in an informal way, another farm; he then made seven money bequests and a gift of shares in a company, gave his executors £100 each, and

made M., R., and O. his "residuary legatees." He possessed other freehold lands besides those mentioned in the will. Held, that such lands passed to M., R., and O. as "residuary legatees." - Hughes v. Pritchard, 6 Ch. D. 24.

5. Testator gave his brother J. S. all his real and personal estate, with full power to give, sell, and dispose of it in any way he should see fit, and appointed him sole executor. The will then proceeded thus: "But provided he shall not dispose of my said real and personal estate, or any part thereof, as aforesaid, then, and not otherwise, I do hereby give, devise, and bequeath my said real and personal estate, or such part or parts thereof as he shall not so dispose of, in the manner following." The testator then proceeded to dispose of his property by a series of trusts, entails, and contingent remainders; and, after some specific legacies, gave to H. and D., two of the beneficiaries, the household furniture, &c., to hold in trust as heirlooms for whoever should succeed under the provisions of the will to the property in the house; gave the residue of his property to the said H. and D., upon trust to sell and convert "with all convenient speed after the death of the survivors" of himself or his said brother J. S.; and the said H. and D. were, in this part of the will, appointed executors. The expression, "the survivor of myself and my said brother" J. S., occurred in several places in the will. J. S. died in the testator's lifetime. Held, that the gift to J. S. was a gift for life, with power of appointment and a gift over on J. S.'s failure to appoint, or on his death in testator's lifetime; and this latter event having happened, the gift over took effect on the death of the testator. - In re Stringer's Estate. Shaw v. Jones

Ford, 6 Ch. D. 2.

6. A testator recited that his son had become indebted to himself in various sums, and bequeathed to the son the sums mentioned, and released him from payment thereof. Between the date of the will and the testator's death, the son became still further indebted to his father. Held, that these sums were not covered by the will, under the Wills Act (1 Vict. c. 26). — Everett v. Everett, 6 Ch. D. 122.

7. A testator gave, devised, and bequeathed "all the real and personal estate which I am or shall or may be entitled to under the will of my late uncle J. M." to the defendants. He bequeathed to the plaintiff the residue of his personal estate. Between the date of the will and the testator's death he received £800 from his uncle's estate, and invested £600 thereof in railway stock. He purchased before his death £3,500 more of this stock; and at his death the whole £4,100 stock was standing in his name. Held, that the defendant was entitled to the £600 stock. Morgan v. Thomas, 6 Ch. D. 176.

8. A testator provided that his residuary estate should be divided into sevenths, gave one-seventh to each of his two sons absolutely, and the remaining five-sevenths to trustees to pay the income to his five daughters, Elizabeth, Sarah, Eliza, Mary, and Hannah, during their respective lives, in equal shares. Upon the decease of Elizabeth, the trustees should pay one-fifth of the fund to the children of Elizabeth; upon the decease of Sarah, one-fifth to the children of Sarah; upon the decease of Eliza, one-fifth to the children of Mary; and upon the decease of Hannah, one-fifth to the children of Hannah. The testator made mention in a subsequent part of the will "of the issue of any of " his daughters, without discriminating. Held, that the will must be construed by

interpolating a provision for the children of Eliza on her death similar to that made for the others, and a clause stating that the provision for the children of Mary should take effect on the death of Mary, instead of on the death of Eliza. In re Redfern. Redfern v. Bryning, 6 Ch. D. 133.

See CONSTRUCtion; Devise; SEISIN; Settlement, 4; Trust.

WINDING UP.- See COMPANY, 2, 4, 5, 8.

Knowingly issuing." See COMPANY, 6.

"Landlord or other Person to whom Rent is due."

"Seised." See SEISIN.

- See BANKRUPTCY, 1.

SELECTED DIGEST OF STATE REPORTS.

[FOR the present number of the Digest, selections have been made from the following volumes of State Reports: 53 Alabama; 2 Delaware Chancery; 81 Illinois; 55 Indiana; 44 Iowa; 45 Maryland; 35 Michigan; 22 and 23 Minnesota; 57 New Hampshire; 28 New Jersey Equity (1 Stewart, in continuation of C. E. Green); 66 New York; 77 North Carolina; 28 and 29 Ohio State; 83 Pennsylvania State; and 49 Vermont.]

ACTION.

See CORPORATION, 2, 4; JUDGE; LANDLORD AND TENANT, 1; OFFICER, 2; PENAL ACTION; PROXIMATE CAUSE; WITNESS, 3.

ADJOURNMENT.

Where a judicial sale is duly advertised to take place on a certain day, which is afterwards made a legal holiday, the sale may and should be on that day adjourned to another. White v. Zust, 28 N. J. Eq. 107.

1. An agent authorized to sell machines with warranty, made such a sale after his agency had expired, and delivered the notes received by him in payment to his successor in the agency, who had no authority to warrant, and who sent the notes to the principal without informing him by whom the sale was made. The principal brought an action on the notes. Held, that he ratified the sale, and was bound by the warranty. (DAY and BECK, JJ. dissenting.) Eadie v. Ashbaugh, 44 Iowa, 519.

2. Where an agent has a power of substitution, and exercises it, his death revokes the authority of the substitute. - Lehigh Coal Co. v. Mohr, 83 Penn. St. 228.

See CORPORATION, 2; JUDGMENT, 1.

ANIMAL.

A buffalo bull, which had been reared from a calf on a farm, and was as tame as ordinary cattle, was held not to be feræ naturæ; and an action was sustained by its owner against one who killed it while trespassing on his land. - Ulery v. Jones, 81 Ill. 403.

ATTACHMENT. - See BANKRUPTCY, 2; FOREIGN Attachment.

ATTORNEY. See JUDGMENT, 1.

AUDITOR. See CONSTITUTIONAL LAW (STATE), 5, 6.

BANK.

1. The power of discounting promissory notes is an essential feature of a bank; otherwise, of buying promissory notes; and, therefore, in the case of a bank organized under a State statute not expressly authorizing it to buy notes, it was held that the purchase of a note by such bank was ultra vires. (GILFILLAN, C. J., dissenting.) — Farmers' Bank v. Baldwin, 23 Minn. 198.

2. So in the case of a national bank organized under act of Congress.. First Nat. Bank of Rochester v. Pierson, cited ib.

See NATIONAL BANK; PAYMENT; TAX, 1, 5.

BANKRUPTCY.

1. A bankrupt cannot maintain an action in a State court to recover land sold by his assignee, on the ground that it was exempt as a homestead; but he must claim his homestead in the court of bankruptcy. - Steele v. Moody, 53 Ala. 418.

2. Where one is adjudicated bankrupt, and makes a composition with his creditors under the Act, attachments of his property made within four months before the adjudication are dissolved, though no assignee is ever appointed. — Smith v. Engle, 44 Iowa, 265.

3. A debt contracted for the purchase-money of land is barred by a subsequent discharge in bankruptcy, although the land was never assets of the debtor's estate, but was assigned to him by the court of bankruptcy as a homestead, and although by the law of the State the land might be taken on execution on a judgment recovered for the purchase-money. — Hoskins v. Wall, 77 N. C. 249.

See CONSIDERATION.

BILLS AND NOTES. See BANK, 1, 2; INTEREST; NEGOTIABLE INSTRUMENTS; PAYMENT.

Where the power of towns to subscribe for stock in railroad companies, and issue bonds to pay for the same, had been judicially affirmed by the decisions of the courts, it was held that bonds bought bona fide while such decisions stood unquestioned were valid, though later decisions throw doubt on the power. Williams v. Duanesburgh, 66 N. Y. 129.

See NEGOTIABLE INSTRUMENTS; PRIORITY.

BOND.

See BONA FIDE PURCHASER; SURETY.
BRIBERY.-See QUO WARRAnto, 1.

BURGLARY. See INDICTMENT, 1.

BURIAL. See CONSTITUTIONAL LAW (STAte), 7.