taking of property by sheriff from constable in violation of
agreement based on sufficient consideration is trespass.. 122
all parties to trespass are principals, and are liable jointly
or severally ....
a landlord is liable to tenant for damages from repairing
building without the tenant's consent....
a tenant is not bound to object to landlord's entry to make
repairs in order to hold him liable in damages....
one relying on a license as a defense to a trespass has the
burden of proof ..........
court may refuse to set aside submission of case to court
though further pleadings were had after trial, if the is-
sues were not changed thereby.....
when additional replication does not change issues........
instruction to find for defendant should be refused if evi-
dence tends to prove plaintiff's case....
court may refuse propositions, submitted as propositions of
law, which merely call for a finding of certain facts..... 325
a declaration may be amended at trial by striking out one
of the grounds of damage alleged......
an affidavit stating merely that defendant was surprised,
and could make a complete defense if allowed time, does
not authorize a continuance.....
instruction directing a verdict should be asked before sub-
mitting case to jury.....
objection that offered letter is "incompetent and immate-
rial" does raise the question of its genuineness....
the admission of evidence in rebuttal rests in the sound
discretion of the trial court.......
repetitions of given instructions should be refused..
objections are ineffectual unless ruled upon....
an instruction attempting to define "material facts," with
reference to the effect of their misrepresentation by a
witness, is properly refused...
a devise is void if a violation of rule against perpetuities
may possibly happen, whether the devise creates an ab-
solute or a trust estate.....
... 229
a devise in trust which makes no provision for the vesting
of the fee at any time is void, as creating a perpetuity.. 229
providing for the appointment of trustees "for all time to
come" indicates an intention to create a perpetuity..... 229
equity will not allow a gift to charity to fail for want of a
trustee...
a gift to charity will stand though the manner of manag-
ing the gift falls.......
when bequest in trust for charity will be sustained....
devise to a religious society in trust for saying masses for
repose of testator's soul is a valid gift to charity........ 462
equity may, in certain cases, order the sale of a trust es-
tate conditioned against alienation.....
equity may order a sale of trust real estate and order re-
investment, if necessary to preserve the property to the
life tenant and remainder-man..
UNDUE INFLUENCE.-See WILLS.
the statute of charitable uses of Elizabeth is in force in
Illinois
the English doctrine of superstitious uses is not in force in
Illinois
the allegations, proof and decree must agree..
where the evidence disproves the case made by the bill,
complainant is not entitled to relief on other grounds
disclosed by the evidence..
where a condition attached to a fee simple devise is void,
upon assignment by the devisee the land must be sched-
uled as assets.......
fact that insolvent fails to schedule his equity of redemp-
tion, in fraud of creditors, does not defeat his equity as
against a purchaser with notice of the facts...
a mortgagee electing to declare a forfeiture may waive
his election and permit the contract of indebtedness to
continue under original terms.....
mere acceptance by mortgagee of amount in default is not
a waiver of a prior notice to declare a forfeiture........ 162
whether acceptance of amount in default was intended as
a waiver of a prior notice of election to declare forfeit-
ure is a question of fact
162
what evidence not admissible to show that acceptance of
interest due was not a waiver of a prior notice of election
to declare a forfeiture.......
163
a waiver of a vendor's lien obtained by fraud is not binding. 405
pleading to the merits waives objections to declaration not
going to substance of right of recovery......
failure to stand by replication waives error in sustaining
demurrer thereto.....
a retail dealer in meats and provisions impliedly warrants
the soundness of articles sold for domestic use......
retail dealer in meats and provisions is liable for breach of
implied warranty of wholesomeness, whether he knew the
condition or not.....
compromise agreement construed as extinguishing express
warranty in original contract....
WATER POWER.-See RIPARIAN RIGHTS.
WILLS.-See REMAINDERS.
ability to transact ordinary business is not evidence of tes-
tamentary capacity if testator was possessed of an in-
sane delusion......
a will which is the result of an insane delusion cannot be
sustained. . . . . . .
mere belief in spiritualism is not proof of want of testa-
mentary capacity ......
a will prompted by an insane delusion that the beneficiary
is a divinity or possessed of supernatural powers cannot
be sustained......
evidence in will contest reviewed, and held sufficient to sus-
tain charges of undue influence and want of testamentary
capacity......
perpetuity defined........
a devise is void if violation of rule against perpetuities may
possibly happen, whether the devise creates an absolute
or a trust estate......
a devise in trust which makes no provision for the vesting
of the fee at any time is void, as creating a perpetuity.. 229
providing for appointment of trustees "for all time to come"
indicates an intention to create a perpetuity....
discretionary power in executrix to sell land does not pass
to administrator with the will annexed..............
clause of will construed as creating a vested remainder... 275
vesting of remainder is not postponed until time of distri-
bution, if distribution is put off for convenience of fund. 275
when residuary bequest does not operate as an exercise of
a power of appointment.....
a gift to charity will stand though the manner of managing
the gift falls......
equity will not allow a gift to charity to fail for want of a
trustee.....
testator's intention to favor charity must prevail though
the fund might be more judiciously invested........
when bequest to charity will be sustained......
language of will construed as contemplating a succession
of trustees...
when a bequest to charity will not be held inoperative, as
requiring action by city beyond its power
the statute of charitable uses of Elizabeth is in force in
Illinois
the English doctrine of superstitious uses is not in force in
Illinois .....
condition against alienation for thirty years, and exclud-
ing consequences of ownership for that period, held void. 502
a devise to a religious society in trust for saying masses for
the repose of the testator's soul is a valid gift to charity. 462
testator cannot devise lands in fee simple and prevent con-
sequences of ownership from attaching...
a condition against all alienation, attached to a fee simple
devise, is void........
in an action for a breach of contract, witnesses who have
some knowledge of the market value of the subject mat-
ter may testify on question of damages................
where a witness has some knowledge of market value, the
extent of his knowledge merely affects the weight to be
given his testimony
word "streets," used in section 20 of the Park act of 1895, is
broad enough to include boulevards.....
a will providing for appointment of trustees "for all time
to come" indicates intention to create a perpetuity........... 229
words "for building purposes," used in the act relating to
school tax levy, refer solely to building of school houses
and matters incident thereto.
words "for educational purposes," used in the act relating
to school tax levy, cover all things other than building
school houses and matters incident thereto.. ...
words "any other building," used in statute defining bur-
glary, includes hen-house.
the term "special benefits," used in the amendment of 1895
to section 17 of article 9 of City and Village act, means
an increase in market value from improvement......... 454
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