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TRUST:

PAGE,
action to reach surplus income of trust estate by

creditor of cestui que trust; cases in which action
is not maintainable: persons promoting enter-
prise; duties of; may not make profit from; rights

of subscribers to enterprise......................... 244
in favor of corporation not in esse ; practice; trusts

void for uncertainty; perpetuities ................. 432
trustee acquiring benefit as ostensible owner; mis-

use of Aduciary position: trustee's unjust claim
not forfeited by lapse of time; salmon fishings...
for accumulation; void accumulation ; Thellusson

act; intestacy........................................
trustee mingling trust moneys with his own funds.

cannot claim to be allowed for losses sustained
by payments in Confederate money....

(see Trustee.)
what bankrupt takes as trustee; apportionment of
share.....

**innen (see Suretyship.)**
TRUSTEE (see Trust).
TURKEY LAWSUITS, feeing judges.... ........ 375
TWYCROSS v. GRANT, expenses of suit of ..... 124
UNDERTAKING, action on undertaking given on

appeal; condition precedent to maintenance of ..... 390

........ 394

56

........

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UNITED STATES citizenship .......

176
judiciary system, revision of, proposed
marshal, suit against deputy marshal for breach of

official duty .....
Supreme Court, candidates for vacant judgeship

in .........
appeals to ....

..........
business 01. ...................... ................... 441
USURY:
action to recover back usurious interest .....

...... 402
burden of proof; contract fair on face does not

raise presumption of; general objection to report

of referee; practice ...
new parties; novation; rescission......
sale of gold...........
purchase of land incumbered by judgment on usur-

ious debt cannot plead; usury not fraudulent as
to creditors ......

... ... .... 209
recovery back of money paid usuriously............. 104

....

170

SURROGATE:

PAGE.
costs in surrogate's courts; allowance may be made

to all parties appearing; review of; decree of sur-
rogate by general term ; discretionary order not
appealable to the court....
decree directing payment of creditor in full before

final distribution gives no preference.......
proceedings for discovery of property of deceased

persons under Laws 1870, chap. 394 ; prima facie
case sufficient to justify surrogate in holding
property..............................................

244
contempt; executor not paying money orde

surrogate; how orders of, enforced.....
practice in; objections to account filed under 2 R.

S. 92, 8 52; referee and “auditor"..
TAXATION:
collection of taxes, not restrained for legal informall-

ties; Albany & Boston Mining Co. v. Auditor-Gen-

eral .................................................. 451
constitutional provisions must be complied with, or

assessment invalid; any violation of law defeats

tax................
due process of law; McMillan v. Anderson..........
exemption from taxation; institution of public

charity, what is; real estate leased to such institu-

tion not exempt from taxation.......,
of claim to government lands; lands not desig-

nated.... ................... ... ...........
of mining products...
of national bank by State; Adams et al. v. Mayor of

Nashville .....
power of municipal corporation as to ; appropria-

tions to benevolent institutions; right of governor
and mayor to appoint trustees does not make in-
stitution a municipal agency; nor does the fact
tbat the city owns ground on which institution is
located; limit of municipal powers; what muni-

cipal corporation may not do.................. 418,
right of State to tax particular callings. ....
sale of land for taxes; estate conveyed ; legislative

power as to taxes................................
what is not voluntary payment of taxes....

(see Banks ; Banking ; Constitutional Law.)
TELEGRAPH COMPANY.

liability of; Dickson et al. v. Reuter's Telegraph
Co..

..... 378,
consolidation of. ::::

lines; are real estate and taxable....
"TEN THOUSAND A YEAR," disposition
manuscript of........

...... ....... . 222
TEXAS judge, assaulting......................
Law Journal

...........
TEXT-BOOKS for law students.....................
THREATENING LETTERS, Mr. Justice Hawk-
ins on...........

.................... 140
TIME:

computation of, when it is any given hour.......... 341
TITLE:

bill of lading; priority of lien; goods in transitu ... 246
to personal property; of agent or factor in goods for
sale.......

...... 303, 246
TORTS:

joint tort-feasorg......
action by State against persons wrongfully causing

death of another...
wrong done by several jointly.....

ILY ......................... 1

(see Action).
TRADE-MARK:
assignment of; continuance of frm name; use by

manufacturer of his own name.
Greek word as ....
partnership making article designated by special

ane; right of each partner to manufacture arti-
o of the dissolution...............................
ognition of goods by....

156
secret preparation; use of name of original pro-

ducer; injunction ...... .....
treaty...........
what constitutes; bull's head upon mustard labels;

colorable likeness; use by others upon other arti-
cles ........

.......... 352
TRAMPS:
dissertation on.............

............
suppression of ....
TRIAL:

counsel reading medical book to jury...
criminal trial; Jury judges of law and fact; instruc-

tion of court ...
expressions made by judge in charge..
when case sustained by, uncontri dicted evidence

must be submitted to jury .... ....

rnal.........

..........

89

.......

VAGRANT LAW .......
VANDERBILT will caso... ........ ............... 341
VARIANCE, decision founded on, when not sus-

tainable................
VENDOR AND PURCHASER, rent; use and

occupation; admission by demurrer...........
VENDOR AND VENDEE, eviction; misrepresen-
tation of title; sale of chattels and patent; warranty. 35

(see Sale; Warranty.)
VERDICTS, how obtained in some cases ........... 400
VERMONT:

attachment laws of

murder trials in.....
VICARIOUS LIABILITY ... .............. 146
VILLAGE CORPORATION (see Corporations ;

Parties.)
VIRGINIA COURT OF APPEALS, long litiga-
tion in ................

............. 324
VOLUNTARY CONVEYANCES ........... ... 196

....... 343

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WAIVER of statutory provisions ..................... 104
WALWORTH, FRANK H., pardon of .. ......
WARRANTY, on sale of personal property . .......
WARREN, SAMUEL, sketch of....................
WASTE, felling of timber by tenant; where wght of

action accrues..........
WATER-COURSE, action for obstructing mill.

race; negligence not 'gravamen of; acts of injured
party releasing other from liability ; when notice not

necessary before action brought.......
WILL:

alteration after execution : effect of.....
charity; direction to accumulate ; gift of surplus

income after void bequest.....
construction of ................. 228, 319, 321, 322,
"children of A, or their issue"; substitution....321,
conversion of real property into personalty.......
death coupled with contingency; period of

gency ..............................

419

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WILL - Continued
PAGE. WILL-Continued.

PAGE
descendants; whether "descendants"in infinitum

Lewis' will.
or only children; context; gift after the death of

solicitor and client: gift pending professional rela-
a person to whom nothing is expressly given; im-

tionship. influence; independent advice ; sever-
plied life estate ; accumulations ; intestacy ....... 3:22

ance of relationship. .......
devise of freeholds; conversion into personalty; re-

undue influence; what constitutes ; testamentary
conversion in realty ; election by conduct ........ 207

capacity; what does not indicate want of; change
division of property between born and unborn chil-

in provisions of prior will; burden of proof : fain-
dren.......... ... .. ......

ily meeting ; succeeded by will changing prior will
equitable estates; construction; devise to trustees

materially; will drawn up by those having interest
in fee; equitable interest co-extensive with legal

therein: want of memory not testamentary inca-
interest ; gift over ...

pacity; irregular execution not alone evidence of
estate in tail; construction; devise to A. for life and

fraud............
after her death" to descend to her female heir".. 208 whimsical ..

............ 18
execution of......

............ 337
executor ; willful default of; omission to convert ;

(see England ; Lawyer; Witness.)
speculative securities.....
joint tenancy and tenancy in common; devise of es WISE WORDS from an old book ...............

tate in trust, per stirpes or per capita; after born
children .......

WITNESS:
..........
legacy to executor; presumption of law ; evidence

action against executor: old Code, $ 399..
to rebut.. .

charging person with suborning witness in divorce
next of kin under statute of distribution; time when

case ...............
class to be ascertained; "then"..

executor competent at the probate of will..
proving of ...............................

competency of, in New York...
qualification of fee ..........

executive officials, privileges of,
release : 1 Vict., c 26, s. 24; will speaking from its

date: moneys advanced after date of will...
revocation of ; destruction of subsequent will
stroying former one ................

.... 438 WRITTEN INSTRUMENT, alteration of ....64,

..... 371

208 WORDS, “privily and apart"......

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