Legal fee; trustee held to have taken in numerous cases cited here.

Minors interested, estate cannot be sold on petition of trustee, unless they are made parties. Ibid. 360 3).

Same: Order of confirmation, with due representation had, not cure defect, if judge disqualified. Ibid. 360,4).

Mixing funds, not relieved by showing outcome was confederate money which he still has. McCook vs. Harp, 229(2).

Remainder, legal estate in, trustee not represent, when. East Rome vs. Cothran, 361.

Remaindermen, trustee to hold during coverture of tenant for life, not represent. Bagley vs. Kennedy, 721.

Sale by W, as trustee, of land, to B, if W subsequently acquired title, his title went to B. Lathrop vs. White, 35.

Substitution by trustee of other property involved, discretion in granting injunction not controlled. East Rome Co. vs. Cothran, 360(6).

ULTRA VIRES. See Corporations.

VARIANCE. See Criminal Law; Pleadings.

VENDOR AND PURCHASER.

Caveat emptor, purchaser at sale of administrator or executor, takes subject to rule. Wells vs. Harper, 194.

Conditional sale not duly recorded, stands as to subsequent creditors as an absolute sale. Steen vs. Harris, 681(1).

VERDICT.

Certain: "We, the jury, find one and 62-100 dollars usury in suit on note, meant for the debt less that much. Small vs. Hicks, 692(2).

Construed according to legal intendment. Ibid.

Evidence, none before jury but all offered excluded, verdict im

proper. Sprinz vs. Frank, 162(1).

Excessive, $500 for pain and confinement is not. Atlanta & West

Point Railroad rs. Smith, 620(2).

Excessive, $800 or $900 for grave injury by awning over sidewalk falling, is not. Mayor es. Caldwell, 76(2, 3).

Excessive, $5,304 for killing husband, held not.

vs. Nash, 581(6).

Central Railroad

Parker vs.

Juror agreeing to reluctantly, no ground for new trial.

State, 332(5).

Writing off part by requirement of court, plaintiff doing so, can he except by cross-bill? Atlanta National Bank vs. Burke, 601(3).

VOLUNTARY DEED. See Deeds.

VOLUNTARY MANSLAUGHTER. See Criminal Law.

WAIVER.

Defects and delays in machinery delivered, no waiver of, by receiving and using. Van Winkle vs. Wilkins, 94 7).

Same: Nor will a sale (of the oil-mill) defeat right to recoup

such damages against contract price.

Ibid.

Fertilizers; purchaser not bound by, from pleading want of legal inspection. Faircloth vs. De Leon, 158.

Plea of justification to libel, no waiver of defence that the words were privileged. Wilson vs. Sullivan, 238 3).

WARRANTY. See Administrators and Executors.

Machinery, contract to deliver first-class, means first-class generally, not of that manufacturer. Van Winkle vs. Wilkins, 94(6). Release of, to title of "water-ditch" on sale of mining property, effect of. White vs. Furtzwangler, 66.

Rescind, offer to, and return price, not discharge warrantor. Riley vs. Hicks, 266(5).

Waiver of, none by receiving and using machinery defective in kind or class. Van Winkle vs. Wilkins, 94(7) .

Same: Nor by receiving it after time stipulated for delivery.
Ibid.

Same: Nor will a sale of the oil-mill, defeat the right to
recoup such damage against price. Ibid.

WASTE. See Remainders.

WATER AND WATER-COURSES.

Dam water, grant of right to, with reservation that no injury was to be done to spring; if spring injured either in its artificial state at date of contract, or in its natural state, actionable. Ford vs. Lukens, 633.

Upper proprietor removing ledge of rock from bed of stream and thereby injuriously projecting water forward on land below, actionable. Grant es. Kuglar, 637.

Same: That no damage done at point of entry, but only farther down, not alter case. Ibid.

WILD LAND. See Tar.

WILLS.

Ademption of legacy. See Legacies, below.

Approximation; scheme of testatrix for keeping estate together for education and support of beneficiaries, minors and adults, becoming impossible of execution, court will make. Wikle rs. Woolley, 106(1).

Same: Approximation made by court below not interfered with, when. Ibid.

Approximation; scheme for keeping estate together for education

and support of beneficiaries failing, minor beneficiary not entitled to allowance of arrearages, for not having received. Ibid. 106(2).

Same: Minor having received support and education from father, cannot claim for having missed it out of mother's estate. Ibid. 106(3).

Construction; intention defeated by unexpected circumstances, court will approximate scheme. Ibid 106(1).

Division; bequest to children for life, then over to their children;

division after testator's death; grandchildren took vested remainder in fee, and subsequent exchange of their portions by two of the children not affect rights of grandchildren. Crawley vs. Blackman, 775.

Division in kind of lands under will, acquiesced in fourteen years, binding though unequal. Leverett vs. Stevenson, 701.

Exchange by children of their portions in division of testator's property, agreement to, not admissible to affect rights of grandchildren who took vested remainder in fee. Crawley vs. Blackman, 775.

Insolvent son; scheme of father in making bequest to grandson, in part for use and benefit of said insolvent son, and to escape his creditors, upheld. Hill vs. Hill, 518.

Legacies: ademption; bequest of money to daughter since 1866; advance to her husband, held not to be.

734.

Hart vs. Johnson,

Same: Declarations of testator made subsequently, not

affect. Ibid.

Legacies: devise, in 1854, by mother to trustee for son, and if he should die childless, trustee to sell and distribute, and place proceeds in hands of other trustee for other children, vested base or qualified fee in son. Matthews rs. Hudson,

120.

Legacies: insolvent son, bequest to, revoked, and grandson substituted, held, under special facts here, that legal title devolved on grandson; father's rights in legacy, under independent agreement with son, and rights of creditors defined. Hill vs. Hill, 516(1, la).

Per stirpes, bequest to children here was, and not per capita. Mayer vs. Hover, 309(4).

Revocation; bequest to wife of support out of estate in hands of executor, not revoked, under special facts here. Hart vs. Hart, 787.

Support of widow: bequest to wife of use of two rooms of dwelling, and of yard and garden: also bequest of buggy and mare, and, mare dying, to be replaced by executors; executors to give said wife “a decent support during her natural life" and she to live there in peace and quiet, construed. Ibid. 785.

WITNESS.

Same: Verdict for widow, who moved away from premises, sustained. Ibid.

Administrator or executor a party, other party not competent to anything. Hardman rs. Nowell, 748.

Attorney competent, unless he got his information from client by virtue of the relation. Skellie vs. James, 419 2).

Character, general, refusing to allow counsel to explain, not error, not appearing what explanation proposed. Flemister rs. State, 768(3).

66

Character, good; never heard any one say anything against it," admissible. Ibid. 768(4).

Competency, mental, of witness examined by interrogatories, presumed. Mayor vs. Caldwell, 76(4).

Same: If disputed by other evidence, question properly left to jury. Ibid.

Dead; evidence before magistrate of witness since dead, admissible in suit for damages for malicious prosecution. Rigden vs. Jordan, 674(3).

Dead, opposite party being, still if plaintiff asked witness who was a party if he signed paper, may on cross-examination explain all the circumstances. Carlton vs. Western & Atlantic Railroad, 531(1).

Death; defendant competent as to matters not transpiring between him and deceased, and administrator not a party. Hardman vs. Nowell, 748.

Examination: general questions to, whether a party or not, court may allow. Van Winkle vs. Wilkins, 94(8).

Failure to produce, when in one's power, frequently a circumstance of more or less significance. Hunt vs. State, 140(6).

Impeach; brief of evidence in other case, though approved, not admissible, when. Reid vs. State, 760(1, 1a).

Impeached by proof of swearing falsely to a leading fact, corroboration as to immaterial facts not restore credit. Mitchell vs. State, 460.

Impeachment; what a witness swore on another trial, inadmissible, no foundation having been laid therefor. Florida Midland Railroad vs. Varnedoe, 176(5).

Sanity of, examined by interrogatories, presumed. Mayor vs. Caldwell, 76(4).

Same: If disputed by other evidence, question properly left to jury. Ibid.

Sworn, witness not, no ground for new trial. Smith vs. State, 480(2).

WORDS AND PHRASES.

"C. L. R. P. oats," in memorandum of sale, parol admissible to to show it meant " car-load Texas rust proof oats." Wilson vs. Coleman, 297(1).

"Inviolate," in 25174, means twelve jurors to try ease; eighteen to strike from, instead of twenty-four, constitutional. Conyers rs. Graham 615(4).

WRIT OF POSSESSION.

Wrongful eviction by sheriff under, gives right of action. Jefferson vs. Hartley, 717.

ERRATUM.

21935(a) on page 683 should be 21955(a).