Evidence, though slight, tending to prove the
issue, is admissible.-Mudgett v. Emerson (N.
H.) 343.

Burden of showing that sales made to an
agent were made after knowledge of termina-
tion of the agency is on the principal.-Perrine
v. Jermyn (Pa.) 202.

The best evidence of the heading of a hotel
register is the register itself.-Grauley v. Jer-
myn (Pa.) 203.

One cannot testify that there existed an un-
derstanding as to a settlement between the par;
ties, but can merely testify as to what was said
and done by them.-Irwin v. Nolde (Pa.) 246.

Where oral and written instructions are giv-
en to assist inspectors, the latter cannot testify
as to the duties of their assistants under such
instructions.-Dooner v. Delaware & H. Canal
Co. (Pa.) 269.

Assessment books and tax receipts, while not
proof of title. are some evidence of claim, and
are more or less efficient as a basis of infer-
ence.-Irvin v. Patchin (Pa.) 436.

Sufficiency of testimony of one of the parties
to an instrument, as to its execution and the
subsequent death of the witnesses, to justify
submission in evidence.-Irvin v. Patchin (Pa.)

436.

Admissibility of evidence, in an action against
a railroad company for an assault by its con-
ductor on a passenger, that such passenger had
on some previous day threatened the conductor.
-Baltimore & O. R. Co. v. Barger (Md.) 560.

Where it is shown that one's wife died be-
fore 1850, and that his daughter was 16 years
old in 1865, the court may properly fix his age,
in 1893, at over 60 years.-McLaughlin v. Me-
Laughlin (Md.) 607.

In an action on a bond, where the subscrib-
ing witness identifies his own signature, the
burden of showing nonexecution is on defend-
ant.-Green v. Maloney (Del. Super.) 672.

The mother of prosecutrix, on a trial for rape,
cannot testify as to what another person told
her in regard to the crime.-State v. Hollenbeck
(Vt.) 696.

Admissibility of a genuine signature of one
in an action for deceit in stating that a forged
signature was such signature.-Lamberton v.
Dunham (Pa.) 716.

Documentary.

A certified copy of the record of a deed re-
corded 10 years after its date is inadmissible.-
Jones v. Crowley (N. J. Sup.) 871.

A paper certified by the secretary of state,
under his seal, to be a true copy of a description
of routes of a trolley line, filed in his office, is
not evidence. - West Jersey Traction Co. v.
Board of Public Works of City of Camden (N.
J. Sup.) 581.

Opinion evidence.

Competency of electrical and mechanical en-
gineers to testify as to the imperfections of the
contrivances by which the lamp which fell on
plaintiff was suspended.-Excelsior Electric Co.
v. Sweet (N. J. Sup.) 553.

An expert cannot testify as to whether it was
a defect in a freight car to have nothing on the
end of it for a brakeman, after making a fly-
ing switch, to lay hold of.-Dooner v. Delaware
& H. Canal Co. (Pa.) 269.

Declarations.

of one not shown to be related.-Jackson v.
Relationship cannot be proved by declarations
Jackson (Md.) 752.

In an action on a note, where the defense
fendant as to where she kept her money is in-
was payment, evidence of statements by de-
admissible.-Pinney v. Jones (Conn.) 762.

tions as to the bona fide existence of a contract
In an action on a note, plaintiff's declara-
leading up to the giving of the note are not ad-
missible to disprove an averment of forgery.-
Thomas v. Miller (Pa.) 928.

Declarations of a former deceased owner of
land in regard to its boundaries, made while
in possession, are admissible in favor of those
claiming under him.-Nutter v. Tucker (N. H.)

352.

Parol evidence.

of the work under it with diligence, parol evi-
Where an oil lease provides for prosecution
of the work under it with diligence, parol evi-
dence of the agreement of the parties as to
such diligence is admissible.-Bartley v. Phil-
lips (Pa.) 842.

Where a lease contains no agreement to make
necessary repairs, its stipulations cannot be thus
enlarged by parol evidence.-Gulliver v. Fowler
(Conn.) 852.

Parol evidence is admissible, in an action to
declare a trust, to show whether complainant
advanced part of the price, or whether it was a
loan.-Collins v. Corson (N. J. Ch.) 862.

Parol evidence is inadmissible to show that
land not covered by the terms of a lease was
intended to be included therein.-Morris v. Ket-
tle (N. J. Sup.) 879.

Admissibility of parol evidence to show that
a written agreement that a certain security
should secure a particular claim was afterwards
extended to other claims.-Morgan v. Dugan
(Md.) 558.

Admissibility of parol evidence to vary a writ-
ten contract.-Caulfield v. Hermann (Conn.) 52.

Parol evidence is admissible to show the cir-
cumstances under which an assignment of right
to use a patent was made in connection with
a lease.-Gould v. Conant (Vt.) 39.

Admissibility of parol evidence to show that
it was intended to give a lessee in a lease an
option to terminate it.-Hall v. Phillips (Pa.)
353.

Proof of foreign laws.

Laws of a foreign state must be proved.--
Jackson v. Jackson (Md.) 752.

Examination.

EXECUTION.

See, also, "Attachment"; "Garnishment": "Ju-
dicial Sales."
Discovery in aid of, see "Discovery."

A certified execution is properly issued on a
judgment rendered in an action of trespass for
injuries caused by the careless handling of a re-
volver.-Judd v. Ballard (Vt.) 96.

Under Act April 10, 1862, the sheriff of Alle-
gheny county is personally liable if he fails to
distribute the proceeds of an execution accord-
ing to the list of liens on the property as cer-
tified by the proper officers.-Campbell v. Mc-
Cleary (Pa.) 1132.

Where, by a will, one of the devisees had the
right to purchase the interest of another for a
fixed sum, on the exercise of the option, a cred-
itor of the vendee could not hold such interest
on an execution thereafter issued.-Bayer v.
Walsh (Pa.) 1039.

It is not necessary that 21 days should pass
after the date of the first insertion of a notice
of execution sale before the sale under Act
June 16, 1836.-Hollister v. Vanderlin (Pa.)

1002.

Inadequacy of price is not ground for setting
aside a sale.-Hollister v. Vanderlin (Pa.) 1002.
It is in the discretion of the court to adjourn
an execution sale.-Hollister v. Vanderlin (Pa.)
1002.

The fact that a list of stocks levied on was
lost before it was indorsed on the writ did not
invalidate the execution lien, as against an
assignee for creditors.-In re Braden's Estate
(Pa.) 746; Appeal of Wood, Id.

Sufficiency of levy on corporate stock by a
sheriff who announced his levy to the owner,
and inclosed a list of the stock with the writ.
-In re Braden's Estate (Pa.) 746; Appeal of
Wood, Id.

A close-jail execution may be granted in an
action under R. L. § 1321, for the wrongful
withholding of premises where the recovery is
for the possession of the premises and rent for
the wrongful detention.-Sheeran v. Rockwood
(Vt.) 689.

Evidence examined, and held, under a sale
made by a debtor with the consent of his ex-
ecution creditors, that the proceeds should be
divided among the execution creditors.-Trim-
ble v. Hurst (Del. Super.) 670.

The holder of a legal title may purchase at!
execution sale the equitable interest of his ven-
dee without being estopped to assert title there-
to.-Windsor v. Bacon (Del. Super.) 638.

A sale at a grossly inadequate price will be
set aside, on application of a mortgagee, when
accompanied with an offer of a larger sum.-
Phillips v. Wilson (Pa.) 264.

Where one of two joint executors dies, an ap-
pointment of an administrator d. b. n., in the
stead of the dead executor, does not vacate the
letters of the survivor.-Packer v. Owens (Pa.)
314.

Where joint executors recover judgment, and
one dies, the survivor can receive payment, and
satisfy the same.-Packer v. Owens (Pa.) 314.
The register may appoint an administrator to
act until a will is presented and approved.-Sa-
ger v. Mead (Pa.) 284.

The court can determine the compensation of
an attorney for services to an estate without ap-
pointing a master.-In re Weed's Estate (Pa.)
278; Appeal of First Nat. Bank, Id.

One of two executors may apply for moneys in
the hands of the court to pay undisputed claims,
when a sufficient reason appears for not joining
the other executor.-Hattersley v. Bissett (N. J.
Ch.) 86.

An executor may apply for an order for the
payment of debts from the proceeds of the sale
of real estate in the hands of the court, the per-
sonalty having been exhausted.-Hattersley v.
Bissett (N. J. Ch.) 86.

It is the duty of executors, without extra
compensation, to see that the property is kept
in a tenantable condition.-Wilkinson v. Ab-
bott (N. J. Ch.) 1098.

Appointment and removal.

Letters granted a second son on the fraudu-
lent representations that he is the only son will
be revoked, notwithstanding the eldest son may
have renounced his right. Lutz v. Mahan
(Md.) 645.

the right to administer is properly dismissed
A petition to withdraw the renunciation of
where no sufficient reason therefor is shown.-
Lutz v. Mahan (Md.) 645.

Where a petition to revoke letters alleges
that petitioner was the sister of decedent, on
denial thereof by the administrator, an issue as
to whether she was such sister should be grant-
ed.--Richardson v. Smith (Md.) 570.

Where a person, alleging herself to be intes-
tate's widow, petitions to revoke letters of ad-
ministration to his sister, the issue whether the
petitioner is the widow of deceased should be
granted.-Richardson v. Smith (Md.) 568.

Bonds.

An allegation that defendant administratrix
has not accounted, and has refused to perform
the conditions of her bond, though duly ordered,
is a sufficient averment of a breach of the
bond.-Municipal Court of City of Providence
v. McElroy (Ř. I.) 796.

trix's bond, that she had neglected to satisfy a
A declaration, in an action on an administra-
demurrer, it not appearing that the estate is in-
judgment against the estate, will be upheld on
solvent.-Municipal Court of City of Providence
v. McElroy (R. I.) 796.

Allowance of demands.

A mortgage creditor of a decedent cannot
prove his claim against the estate without sur-
rendering his lien, or without selling thereun-
der, and applying the proceeds of sale on his
debt.-Macgill v. Hyatt (Md.) 710.

Right to allow amendment of declaration in
county court on appeal from a disallowance by
the probate court of a claim against a decedent's
estate.-Cutting v. Ellis' Estate (Vt.) 688.

Where a claim against a decedent's estate
is not founded upon or secured by a mortgage
or judgment, a lien therefor is lost unless suit
is instituted within five years after decedent's
death.-Ferguson v. Yard (Pa.) 517.

A creditor who did not present his claim at
the proper time may sue the executors for pay-
ment of a ratable portion from any legacy not
paid over by the executors, or attached in their
hands.-Dodson v. Sevars (N. J. Ch.) 477.

Where a judgment against an insolvent estate
is purchased in trust for the executrix without
her knowledge, it can be enforced as against
creditors only for the amount paid therefor.-
Woods v. Irwin (Pa.) 232.

A creditor of an estate who maintains litiga
tion to save the property is entitled to his at
torney's fees from the estate.-In re Weed's Es-
tate (Pa.) 278; Appeal of First Nat. Bank, Id.
Settlement and accounting.

Where an administrator is surcharged for
moneys expended in iron operations in an-
other state, where he acted in good faith and

Where an intestate had pledged in New York

collaterals largely exceeding in value the obliga-
tion for which they were pledged, the adminis-
trator, in Pennsylvania, who paid off the ob-
ligations out of the general fund, and lifted the
collaterals, and sold them, and swelled the gen-
eral fund, will not be surcharged with the
amount so paid.-In re Shinn's Estate (Pa.)
1026.

Where an executor uses certain funds of the
estate for the purpose of continuing a specula-
tion business in which the deceased was en-
gaged, he would be surcharged with any losses
thereby occurring to the estate. In re Shinn's
Estate (Pa.) 1026.

Executors should be allowed the sum paid for

a tombstone for testator.-In re Webb's Estate
(Pa.) 827.

Right to charge the rents and profits of a
trust estate created by will with cash advances
made by the executrix after the allowance of
her final account.-Black v. Herring (Md.) 917;
Herring v. Black, Id.

Effect of order allowing the final account of
the widow as executrix, and crediting her with
a payment to her daughter's guardian of part of
the estate, as precluding her from claiming such
part, on the daughter's death, under the provi-
sions of the will. Semmig v. Mirrihew (Vt.)

691.

An executor is not entitled to be credited
with the expense of erecting a monument over
the grave of deceased.-Spruance v. Darlington
(Del. Ch.) 663.

Right of testator's widow, who qualified as
executrix under a fictitious will, to an allow-
ance for repairs and taxes which were incur-
red by her out of the rents of the property in
an erroneous belief that she was the owner
thereof. Spruance v. Darlington (Del. Ch.)
663.

Testator's widow, who qualified under a re-
voked will as executrix, will be charged with
the appraised value of testator's household
goods and chattels at the suit of his personal
representative. Spruance v. Darlington (Del.
Ch.) 663.

The discharge of an executor is limited to the
assets disclosed on his accounting.-Davis v.
Eastman (Vt.) 1.

Where an administrator moves to strike out
an exception to his account, without allowing
opportunity to substantiate an allegation of kin-
ship therein, the allegation will be taken as
true.-Dunham v. Marsh (N. J. Prerog.) 473.

Propriety of allowing an executor for expen-
ditures made by him for repairs to property of
deceased.-Almy v. Probate Court of Newport
(R. I.) 458.

The amount paid by an administrator to his
bondsmen for becoming his sureties is not charge-
able against the decedent's estate. In re Eby's
Estate (Pa.) 124.

Distribution of estate.

Where cash and securities are received by an
executrix as distributee under a decree of the
orphans' court, they cannot thereafter be sub-
jected to a judgment.-Ferguson v. Yard (Pa.)
517.

Jurisdiction of a court of equity in a county
other than that in which the estate is being
administered to determine the amount of the
distributive share of one in a fund, part of
which had been loaned her. - Henderson V.
Stryker (Pa.) 386.

An executor cannot offset, against the distrib-
utive share of a legatee, expenses incurred in

Liabilities and misconduct.

Where executors employed the same attorney
employed by testator to collect a note, and he
converts the money, they are not liable unless
he is solvent, and they fail to enforce their
claim.-In re Webb's Estate (Pa.) 827.

Under Pub. St. c. 186, § 20, though two years
may have elapsed since the issuance of letters,
an administrator is not personally liable on a
judgment against the estate because, in conse-
quence thereof, he reports the estate insolvent.
-Barber v. Collins (R. I.) 796.

Discharge of executor from liability, on deliv-
ery to life tenant of specific legacy bequeathed
to one for life, and to another in remainder.--
Dodson v. Sevars (N. J. Ch.) 477.

Liability of executor, who permits money to
lie idle for five years, for interest thereon.-Al-
my v. Probate Court of Newport (R. I.) 458.

The fact that executors filed a joint final ac-
count is not conclusive as to their joint liabil-
ity for any balance due.-Weyman v. Thomp-
son (N. J. Err. & App.) 249.
Sales under order of court.

It will be presumed that a sale by the admin-
istrator, decreed by the municipal court, was
shown to be necessary.-Jacocks v. Paterson (R.
I.) 795.

The fact that the administrator's account
showed a balance in his hands does not raise a
presumption that a subsequent sale of land was
not necessary to pay debts.-Jacocks v. Pater-
son (R. I.) 795.

Validity of sale of real estate made by an
administrator under order of the orphans' court
which ordered him to make the sale as admin-
istrator, and not as trustee.-Simpson v. Bailey
(Md.) 622.

Right of husband of testatrix, named by her
as executor, after paying the legacies provided
for by the will, to demand a sale of enough of
the remainder interest in the residue to reim-
burse him for his loss of income as statutory
life tenant.-Appeal of Coe (Conn.) 140.
Allowance to widow.

A wife deserted by her husband may claim,
on his death, a widow's allowance. In re
Grieve's Estate (Pa.) 727; Appeal of Martin,

Id.

Where the allowance made on the application
of a widow for six months' support is proper,
it will not be disturbed because no notice of the
application was given to the executor.-Babcock
v. Probate Court of Hopkinton (R. I.) 461.

The probate court may, on the application of a
widow, allow her a certain sum for support dur-
ing the six months succeeding the death of her
husband.-Babcock v. Probate Court of Hopkin-
ton (R. I.) 461.

Actions.

Right of administrator of obligee in bond
which was payable to her, her executors, ad-
ministrators, or assigns, as trustee for others,
to sue thereon.-Young v. Patterson (Pa.) 1011.

As against an executor's cause of action for
assets of the estate against one who acted as
executor under a will which was afterwards
found to be revoked, limitations did not begin
to run until letters of administration were
granted to such original executor.-Spruance
v. Darlington (Del. Ch.) 663.

In an action against administrators for money
alleged to have been loaned to deceased, where
defendants allege that the claim is fraudulent,
and that no money was so lent, evidence show-
ing illicit relations between plaintiff and de-