30. In an action by a residuary legatee to set aside an assignment of a claim due estate the plaintiff is entitled to prove the inadequacy of the consideration therefor. Diffendarfer v. Dicks (N. Y.) 741 31. Where the administrator sold a claim due the estate of more than $5,000 for $273, in an action to set aside the sale for fraud, the fullest inquiry as to the facts should be permitted. Id. 32. Evidence as to what the books of the debtor and creditor show is admissible. ld. 33. The filing of a bill not verified by oath, against an executrix, for a discovery of trust funds and to follow them into certain land, is not a presentation of the claim for such funds in the form contemplated by the statute. Robins v. Arnold (N. J.) 121 34. A creditor whose claim was not duly presented cannot receive a dividend thereon with the other creditors complying with the order of the orphans' court. Id. 35. Claims against a decedent's estate may be proved by oral evidence of declara tions or admissions. 48. The court of appeals may substitute an administratrix in certiorari to review the action of municipal authorities in removing the relator from office, where, in the relator's lifetime, the proceeding was affirmed and certiorari quashed at special term, with costs, and the order of special term was affirmed at general term, with costs, and the relator's estate is liable for such costs. People v. Brooklyn (N. Y.) 927 49. Under Code, § 3246, in an action by an executor, in his representative capacity, costs may be awarded against him as executor. Syms v. New York (N. Y.) 225 50. A judgment for costs against an executor in his representative capacity, should not contain a provision that execution issue for such costs. Id. 51. Where a plaintiff sues as an administrator, but might have sued in his own name, he is personally liable to pay costs. Buckland v. Gallup (N. Y.) 703 52. Merely describing himself as administrator will not relieve him from costs. Id. 53. Where a bill is filed by an administrator for an account of decedent's interest in an estate, and for a discovery of personal property, held by defendant, and to restrain him from expending that property in improvements upon the joint real estate, and it appears that defendant had made several settlements and paid the balance found due from him thereon and offered to make a further settlement which was refused, and that complainant could have got all the information he desired as to the property by inquiring of defendant, who had not refused to give it, and │that_defendant did not contemplate any expenditures upon the joint real estate, except those which he was constrained to make by the 972 EXECUTORS AND ADMINISTRATORS, VIII. 56. A judgment at law or a decree of the Oral testimony. (Pa.) Presumed to have acted in good faith. (N. Y.) Suits by; costs. (N. Y.) 801 Power of sale by will. (N. Y.) 69, 289, 290 Chargeable with interest. (Pa.) (N. Y.) - FIRES AND FIRE DEPARTMENTS. EXECUTORY GIFT. See DEVISE AND EXPERT TESTIMONY. See EVIDENCE, EX POST FACTO LAWS. See CON- EXPRESS TRUSTS. See TRUSTS, I. FACTORS. See PRINCIPAL AND ÅGENT, FALSE IMPRISONMENT. 1. In an action against the prosecutor and a Neall v. Hart (Pa.) 2. The gist of the action is unlawful deten- BRIEFS AND NOTES. Trespass is proper remedy. (Pa.) 502 503 FALSE PRETENSES. 503 An information charging that defendant, 500 Neall v. Hart (Pa.) FELLOW SERVANTS. See MASTER FEME COVERT. See HUSBAND AND FIRE INSURANCE. See INSURANCE, I. 742 318 Right of action. (N. Y.) 92; (Pa.) 594 to make return and the affidavit states that 1. An unconditional assignment and transfer by delivery, of all her estate, by an aged person of weak mind, to those who live with her, reserving only the interest on a few small sums of money and taking no voucher for such reservation, is void in law, unless shown to be free from undue influence. Morton's Admr. v. Morton (N. J.) 134 2. When, at the time of an assignment of all of her real estate by an aged person of weak mind the persons to whom it was made held a power of attorney from her, enabling them to take charge of her affairs, and had obtained from her absolute possession of all her estate, they were trustees for her; and the law will hold them to the strictest account for the property, and the assignment will be held void. Id. 3. A conveyance of a farm worth $2,200, by a man seventy-seven years old, and weak in body and mind, to his son-in-law, in consideration of a promise, afterward fulfilled, on the part of the latter to take care of the grantor as long as he lived and to bury him, will not, in the absence of positive proof of fraud or duress, upon grantor's death within a year after conveyance, be set aside at the instance of his heirs. Travis v. Lowry (Pa.) 553 4. Whenever there is a great weakness of mind in grantor, although not amounting to ab. solute disqualification, and the considera FORFEITURE. See CORPORATIONS, V.; tion given is grossly inadequate, equity INSURANCE, 9, 11. will set aside the conveyance. Authorities cited. Id. 556 9. In an action to recover back the price paid for certain shares of stock on the ground of misrepresentations, the question whether plaintiff rescinded by tendering back the stock without conditions is for the jury. Bridge v. Penniman (N. Y.) 732 10. The referee having found as a fact that plaintiff did not make an unconditional tender, the judgment dismissing the complaint will be affirmed. Id. 11. Where the administrator sold a claim due the estate of more than $5,000 for $273, in an action to set aside the sale for fraud, the fullest inquiry as to the facts should be per mitted. Diffendarfer v. Dicks (N. Y.) 741 16. If the grantor had other property at the time, or was otherwise of sufficient ability to pay all his debts, it is for the jury to say whether there was any design to defraud creditors; and if there was not, the conveyance is valid. Id. and confession of judgment in ejectment allowed the time given for payment of the money to expire before filing the confession of judg ment in the court. Authorities cited. Id. 865 22. A party cannot testify as to the motives or intent of another party. Mfrs. & Traders Bank v. Koch (N. Y.) 672 23. Plaintiff has the right to give in evidence all the facts regarding his alleged purchase, to show that it was bona fide and for full value, notwithstanding that question had once been determined in a prior suit to which the plaintiff was not a party. Snyder v. Berger (Pa.) 595 650 Party is not permitted to perpetrate fraud by availing of statute intended to prevent fraud. (N. Y.) Where there are suspicous circumstances, 17. A sale, by partners to a copart-party is put upon proof of bona fides. (Pa. ner, of partnership property, conceived in fraud, and carried through by fraudulent representation on vendee's part will, at the suit of a firm creditor, be declared void; and where the property sold has been converted into money, the proceeds must be accounted for. Hagerman v. Farr (N. J.) 116 18. It is fraud upon firm creditors for a partner to take firm property and apply it upon his individual debts, or for the firm to take firm property and apply it upon the debts of any member. Saunders v. Reilly (N. Y.) 62 671 Confidential relation of parties. (Pa.) 150 Setting aside for mental incapacity of grantor; undue influence. (Pa.) 557,558 of imbecility, ignorance, dependancy, or ne Presumption of fraud in taking advantage cessity. (Pa.) Undue influence. (Pa.) 150 151 151 (Pa.) Presumption. (Pa.) 546 203, Question for jury. (N. Y.) 254; (Pa.) Transactions between husband and wife. | days afterward the son died. The wife, as 650 his administratrix, brought trover against the father for the furniture. The defense was that the son had given the furniture to his father in consideration of the latter's promise to pay the funeral expenses, and that the promise had been fulfilled. Held, the question whether the furniture had been so given was for the jury. Notice of fraud. (N. Y.) FRAUDS, STATUTE OF. 545 319 Flanigan v. Flanigan (Pa.) 483 4. The Statute of Frauds does not require GUARANTY. an agreement for purchase money to be in writing. Authorities cited. BRIEFS AND NOTES. Id. 154 1. A national bank executed a bond to secure deposits by the obligee, a savings bank. Certain individuals indorsed on the bond: "In consideration of the making of the deposits Promise to pay debt of another. (N. Y.) mentioned in the foregoing agreement, we each Parol contract for sale of lands. and severally guaranty the performance of the 671 foregoing contract by the" national bank; a (Pa.) similar bond between the same banks, in force 153 for some time, was surrendered on the execuPrevious possession will not withdraw the tion of the new bond; after the giving of the parol sale of lands from the statute. (Pa.) 891 new bond the national bank failed, having Part performance, taking case out of. funds of the savings bank on deposit, the date (N. J.) 363 of the last deposit being prior to the execution of the new bond. Held: (a) The new bond was intended as a substitute for the old one. (b) That the surrender of the old bond was good consideration for the new bond and also for the guaranty, and that it was immaterial whether the guarantors knew or did not know that the surrender of the old bond was in the contemplation of the parties when they became guarantors. GARNISHMENT. A judgment in attachment against a nonresident, not personally served, is good as personal judgment against him, where the record shows a general appearance by his attorneys, and such judgment is sufficient upon which to enter judgment against a garnishee. Donoghue v. Hanley (Pa.) GIFT. 604 4. In assumpsit by an executor for purchase money of land conveyed by testator to his son, the question whether the son was to have the land partly as a gift is for the jury. Horn v. Buck (Pa.) 509 5. A sick husband agreed with his wife to divide the household goods and separate. He went to his father's house, and the father took 5. Where an indorser of a note transferred away the son's part of the furniture. A few it, but is still liable thereon as indorser, and |