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it in the hands of the payee, although he does not surrender the
note of his original debtor, the vendor. Linn v. Bass, 281.
and conveyance of land, part of the purchase-tuoney being paid in
facts inconsistent with it. Chapman v. Peebles, 283.
tract of sale embraces both real and personal property, and no
of a vendor's lien. Alexander v. Hooks, 605.
vocation of a will by subsequent marriage and birth of issue, un-
v. Gay, 38.
for the after-born child is made by gist or settlement, the nature
sumption of revocation. Ib.
ulating the adoption of children (Code of 1876, 2745; Code of
and not afterwards changed. Russell v. Russell, 48.
of three subscribing witnesses to a will being shown to be dead,
sons who knew their hand-writing. Snider r. Burks, 53.
the genuineness of the signature of a deceased witness to a will,
comparison with the attesting signature on the will. Ib.
Code of 1886, 9 2765.--On the contested probate of a will, the pro-
sole devisee under the will. Ib.
will, the question being the execution thereof by deceased, evi-
into hands of witness, should all be excluded as irrelevant. Ib.
is not affected by any mere partiality, caprice, or unequal distri-
for the payment of his debts. Ib.
proper execution of a will, in the particulars required by statute,
of the jury as to such fact. Ib.
will, a charge to the jury that if they believe from the circum-
nesses must have signed in the presence of the testator. Ib.
appearing on the contested probate of a will, that the testator ex
stroyed the copy retained by him can arise. Ib.
will.—The right of the widow and minor children to the exemp-
cution; Code of 1886, 2765.--On the contested probate of a will,
2. Evidence; competency; conversation with deceased.-An administra-
tor brought detinue for a mule, introducing evidence of a conver-
versation (Code of 1886, § 2765). Viller ». Cannon, 59.
not be compelled to answer any question, the answer to which