2.

Admiralty-Contracts. -A contract for payment of a commission for obtaining a charter for a vessel, based on the amount of freight earned, held not maritime, and a suit thereon not within the admiralty jurisdiction.-Rhederei Actien Gesellschaft Oceana v. Clutha Shipping Co., U. S. D. C., 226 Fed. 339.

3. Adverse Possession-Dedication.-Where a city's acceptance of alleys as shown on a plat was shown, the mere adverse possession of the dedicator's successor would not avail him in a suit in equity to enjoin the city from opening such alleys.-Zollinger V. City of Newton, Iowa. 154 N. W. 611.

4. Remaindermen.-The grantee of a life tenant under a deed of the fee is not in adverse possession as to the remaindermen until the termination of the life estate.-Cooley v. Lee, N. C., 86 S. E. 720.

5. Alteration of Instruments Estoppel.— Where the holder of a note had materially altered same, he was not entitled to seize in replevin and sell the property described in the mortgage given to secure the note.-West v. Naten, Okla., 152 Pac. 342.

or claim of possession by another can be shown.-Tinker v. State, Tex. Cr. App., 179 S. W. 572.

9. Attorney and Where council

Client-Lien on Fund.has been employed to obtain or create a fund for both parties, his fees, if he prevails, may be paid out of the funds; but where the interests of the parties are adverse only, the legal taxable costs can be allowed.-Lewis v Gaillard, Fla., 69 So. 797.

10. Bankruptcy-Creditor.-The owner of timber, which one subsequently adjudged bankrupt has contracted to cut and remove, may insist on payment of damages by the trustee for breach of contract, as well as the price, before delivering the timber, and is not a general creditor as to such damages.-Mankins v. Forward Movement Syndicate, Cal. App., 152 Pac. 313.

11. Exemption.-Bankrupt held entitled to exemption, notwithstanding failure to claim it in deed of trust for benefit of creditors, which under the state law deprived him of such exemption. In re Gorman, U. S. D. C., 226 Fed. 361.

12.- Mortgage.-Under Code Iowa, $§ 2906, and Bankr. Act, § 47a, claim of vendor of personalty, who had unrecorded mortgage, written or oral, to secure part of purchase price, held invalid as against vendee's trustee in bankruptcv. In re Cooper's Estate, U. S. D. C., 226 Fed. 317.

13. Partnership.-Questions presented by partner not joining co-partners in petition for adjudication of bankruptcy of the firm, but insisting that he paid to the creditors of the firm his part and had been released, will arise before referee under order of reference on adjudication of bankruptcy of firm.-In re LenoirCross & Co., U. S. D. C., 226 Fed. 227.

14. Preference.-Referee in bankruptcy held to have power to order that objections to a claim be sustained, and the claim disallowed, the unless claimant surrender, pursuant to Bankr. Act, § 57g, a preference received.-McCulloch v. Davenport Savings Bank, U. S. D. C., 226 Fed. 309.

15.- Widow's Allowance.-The right of the widow of a deceased bankrupt, under Bankruptcy Act, § 8, to allowance from his estate under state law, was not affected by his assignment for the benefit of creditors within four months of his adjudication.-In re Scott, U. S. C. C. A., 226 Fed. 201.

16. Banks and Banking-Deposits.-Where H. sold notes to defendant bank, which placed the price to H.'s credit, and, after honoring checks for part of it, refused further payment, H.'s assignee could recover the balance of the deposit, with interest.-Zwiener v. First State Bank of Odessa, Minn., 154 N. W. 615.

17. Notice.-Party induced to pay draft to bank by fraud held entitled to recover payment notwithstanding cashier's attempted appropriation of the funds in payment of a note after receiving notice of the fraud.-Oklahoma State Bank v. Bank of Central Arkansas, Ark., 179 S. W. 509.

a

6. Appearance-General. Where a moves on nonjurisdictional, as well as jurisdictional, grounds to vacate a judgment, he enters a general appearance which has the same effect as though entered at the trial.-Montgomery v. Wm. Cameron & Co., Okla., 152 Pac. 398.

7. -Voluntary.-Where defendant announced in open court that, having heard the sheriff was looking for him, he came of his own motion into court, the action constituted a voluntary appearance and submission to the jurisdiction of the court.-Stephens v. Ringling, S. C., 86 S. E. 683.

19. Trust Company.-Where a trust company retained full commission for part performance, held that parties interested adversely to the company, after its insolvency, were entitled to a reduction from the commission charged, but could prove their claim only as general creditors.-Commonwealth v. Tradesmen's Trust Co., Pa., 95 Atl. 574.

20. Bills and Notes-Conditional Delivery.Where it had been agreed that the note sued on should be invalid unless certain persons subscribed for a certain amount of stock of a corporation, held, that defendant should have been allowed to prove failure to secure such subscriptions.-Northern Savings Bank v. Kelly, N. D., 154 N. W. 650.

render by plaintiff of the note of the original debtor, while the plaintiff was to forbear suit until maturity, the note was supported by consideration.-Miller & Lux v. Dunlap, Cal. App., 152 Pac. 309.

22. Carriers of Goods-Bill of Lading.-On delivery of goods to carrier on an open bill of lading, the consignor cannot recover for negligence in transportation causing increased freight charge, in the absence of proof that he paid the freight or retained some interest in the property.-Ellington & Guy v. Norfolk Southern R. Co., N. C., 86 S. E. 693.

23. -Switch Track.-Under a contract between defendant and plaintiff railroad, making a switch track plaintiff's property, and limiting defendant's use thereof to shipment purposes, defendant could not use it for storing its own cars, without being subject to demurrage charges.-St. Louis, I. M. & S. Ry. Co. v. National Refining Co., U. S. D. C., 226 Fed. 357.

24. -Contributory Negligence.-Knowledge

of the danger of getting beyond the cage in an elevator held not to show contributory negligence as a matter of law because plaintiff, a boy, stepped forward when the operator slowed the car and reached out as if to open the door.-National Life Ins. Co. of the United States of America v. McKenna, U. S. C. C. A., 226 Fed. 165.

while

25. Invitee.-A person injured standing on a station platform in a narrow space between tracks cannot set up the invited use of the space, where it would be apparent to a reasonably prudent man exercising due care that it was dangerous.-Cook v. St. Louis, I. M. & S. Ry. Co., Ark., S. W. 501.

26.- -Mileage Ticket.-Presentation of mileage book by original purchaser for transportation of another accompanying him does not justify a forfeiture of the book under rule providing for forfeiture if presented by any other than original purchaser.-Southern Ry. Co. v. Campbell, U. S. S. C., 36 S. Ct. 33.

27. Negligence. A passenger is negligent in seeking his exit from an end of the car, the platform of which is disarranged, only where he has, or by the exercise of proper care should have, discovered the disarrangement.-Fern v. Pennsylvania R. Co., Pa., 95 Atl. 590.

tres

28. Protection.-A carrier must protect passengers against misconduct of other passengers and strangers when the same may be reasonably expected and prevented.-Virginia Ry. & Power Co. v. McDemmick, Va., 86 S. E. 744. 29.- Trespasser.-Where decedent, a passer, attempted to board a train in motion, in violation of statute, it was the conductor's duty to prevent him from boarding by the exercise of all reasonable means, including a reasonable degree of force.-Hawthorne v. Delano, Iowa, 154 N. W. 590.

Commerce

34. Contracts-Condition Precedent.-Plaintiff, who contracted to invent and manufacture machinery for defendants, upon their failure within a reasonable time to post guaranty as required by the agreement, could treat posting as condition precedent and elect to terminate contract.-Burpee v. Guggenheim, U. S. D. C., 226 Fed. 214.

35. Estoppel.-Acquiescence of owner in the contractor's payments for labor without taking vouchers, called for by the contract, held not to estop him to plead the breach in action for money alleged to be due on the contract.Camp & De Puy v. Lauterman, Ore., 152 Pac. 288.

36. Illegality. An agreement by a creditor who had charged the debtor with crime to receive the amount of the debt and stop prosecution would be illegal and void.-Western Union Telegraph Co. v Smith, Tex. Civ., 179 S W. 548.

37. -Latent Ambiguity.-Where the terms of a contract are ambiguous, the meaning put on the instrument by the contracting parties controls; but where it is unambiguous, and the intent not in doubt, the construction of the parties is not controlling.-Tustin v. Philadelphia & Reading Coal & Iron Co., Pa., 95 Atl. 595.

38. Liability.-Contract between bank and contractor that bank should pay for labor and materials furnished on its building held to render the bank liable directly to persons furnishing materials, though the contract was not made directly with them.-Carolina Hardware Co. V. Raleigh Banking & Trust Co., N. C., 86 S. E. 706.

V.

30. Intoxicating Liquor. state regulation of the shipment of intoxicating liquors is valid unless the shipments to which it applies are intended for use in violation of the state law, and thus specifically within the WebbKenyon Act.-Commonwealth v. White, Ky., 179 S. W. 469.

31. Trading Stamps.-A nonresident company selling on mail orders trading stamps to merchants in West Virginia, and redeeming same with premiums shipped from the state of its residence, being engaged in interstate commerce, within Const. U. S. art. 1, § 8, cl. 3, cannot be required to pay a state license tax under Code 1913, c. 32. § 2, cl. j (sec. 1114). Sperry & Hutchinson Co. v. Hill, W. Va., 86 S.

748.

E.

32. Constitutional Law-Due Process of Law. -The long and short haul clause of Const. Cal. art. 12, 21, as amended October 10, 1911, held not a denial of due process of law. California Adjustment Co. v. Southern Pac. Co. U. S. D. C., 226 Fed. 349.

33. -Excise Tax.-Construing Act Aug. 5, 1909, § 38, imposing an excise tax on net income of corporation as preventing a realty corporation from deducting from gross income interest paid on mortgage in excess of its capital stock, held not unconstitutional as an arbitrary and unreasonable classification.-Anderson V. Forty-Two Broadway Co., U. S. S. C., 36 S. Ct.

17.

43. -Promoters.-Where complainant, the holder of an option for the purchase of land, agreed to share with the promoter of a corporation any profits, he cannot receive the profits and at the same time demand part of the promoter's compensation from the corporation for acquiring the land.-Dunlap v. Twin City Power Co., U. S. C. C. A., 226 Fed. 161.

44. Promoters.-Subscribers to the stock of a corporation to be organized cannot complain of the manner in which funds devoted to promotion expenses were apportioned, where no sums in addition to those to be allowed were devoted to that purpose.-Edwards v Johnston, Wyo., 152 Pac. 273.

45. Courts-Appeal and Error.-Judgment of Supreme Court of Philippine Islands affirming judgment reversing decision of insular collector as to classification, under Philippine Tariff Act, of an imported commodity, can be reviewed in the Federal Supreme Court only by appeal under Act July 1, 1902.-Gsell v. Insular Collector of Customs, U. S. S. C., 36 S. Ct. 39.

46. Covenants-Personal.-A provision that the grantee construct a driveway along the granted premises, which the grantors could use for access to their adjoining lot while friendly relations existed between the parties, held a personal covenant, terminable on friend

tax on net income of corporation as preventing a realty corporation from deducting from gross income interest paid on mortgage in excess of its capital stock, held not unconstitutional as an arbitrary and unreasonable classification.Anderson v. Forty-Two Broadway Co., U. S. S. C., 36 S. Ct. 17.

75. Judgment-Default.-Mere forgetfulness due to one giving his attention to more important matters does not entitle him to have à default judgment set aside on the ground of excusable neglect.-Hales-Bryant Lumber Co. v. Blue, N. C., 86 S. E. 724.

76. Rendition.-The "judgment" of a court is what the court pronounces; its "rendition" is the judicial act by which the court settles and declares the decision of the law upon the matters at issue; and its "entry" is the ministerial act by which the enduring evidence of the judicial act is afforded.-Moore v. Toyah Valley Irr. Co., Tex. Civ. App., 179 S. W. 550.

Larceny-Receiving

77. Stolen Property.-A person not connected with the original taking of property is not guilty of theft, even though he received the stolen property knowing it to have been stolen.-Whitfield v. State, Tex. Civ. App., 179 S. W. 558.

78. Logs and Logging — Contract.-Where contract for removal of timber requires payment of stumpage and also removal of timber cut before a certain date, every requirement is a portion of the consideration, and a contractor cannot establish performance by showing of payment for stumpage alone.-Mankins v. Forward Movement Syndicate, Cal. App., 152 Pac. 313.

a

79. Master and Servant-Contributory Negligence. Code 1913, c. 15p, § 26 (sec. 682), denying the benefit of defenses of contributory negligence and assumption of risk on failure of certain employers to take the benefit of the Workmen's Compensation Act, held constitutional. De Francesco v. Piney Mining Co., W. Va., 86 S. E. 777.

80. Employment. "Permanent employment" ordinarily means employment for an indefinite period, which, in the absence of some special consideration, may be arbitrarily severed at any time by either party.-McKelvy v. Choctaw Cotton Oil Co., Okla., 152 Pac. 414.

81.-Hours of Service.-A railroad, permitting telegraph operators to work a greater number of hours than prescribed by Hours of Service Act and failing for several days to make reports, held subject to but one penalty for each employe.-United States v. Baltimore & O. R. Co., U. S. D. C., 226 Fed. 220.

82- -Safe Place to Work. An employer should maintain and keep in reasonably safe repair the appliances used, and not expose the employe to dangers not ordinarily or reasonably incident to the employment.-O'Donnell v. Bell Telephone Co. of Pennsylvania, Pa., 95 579.

Atl.

83.-Safety Appliance.-A safety belt is an "appliance" within Code Supp. 1913, § 4999-a3 (Acts 33d Gen. Assem. c. 219), providing that an employe shall not be deemed to have assumed the risk by continuing in the work where it is the employer's duty to furnish safe "appliances."-Boone v. Lohr, Iowa, 154 N. W. 591. 84.-Workmen's Compensation Act.-Under Workmen's Compensation Act, § 1, employe falling into a hole in floor, while hurrying to assistance of workmen who had fallen in, held killed by injury "arising out of and in the course of the employment."-Dragovich v. Iroquois Iron Co., Ill., 109 N. E. 999.

85. -Workmen's Compensation Act.-Under St. 1913, § 2394-3, right to compensation for disease caused by the furnishing of impure drinking water held governed by the Workmen's Compensation Act, being an incident to the employment.-Venner v. New Dells Lumber Co., Wis., 154 N. W. 640.

86. Mechanics' Liens-Building Contract. Building contract, reserving to owner right to see that money should be applied to payment of material and labor, held to authorize contract by him with materialman to pay for materials.-Morgan-Austin Co. v. Eassy, S. C., 86

S. E. 673.

87.

Mines and Minerals-Royalty.-The lessee held required to pay a right of way charge in

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addition to the minimum monthly royalty on coal mined, and that when it failed to mine the requisite amount in any monta it was required to make up the diference between the royalties and the minimum, and also to pay the right of way charge.-Tustin v. rniladelphia & Reading Coal & iron Co., Pa., 95 All, 595. 88. Monopolies-Extent.-That a coal company has acquired and noids a large percentage the undeveloped coal ianus in the anthracite region, and mines and sells a large percentage or the total quantity produced, uoes not in itself constitute it a monopoly, in violation of the Sherman Anu-Trust Act.-United States v. Reading Co., U. S. D. C., 226 Fed. 229. 89. Mortgages-injunction.-Where a mortgage authorizes sale on default in payment of einer of four notes, but there is no provision that the whole indebtedness shall become due on sucn default, on payment of note then due, a sale under the mortgage will be restrained until another note is due.-Frink v. Tyre, N. C., 86 S. E. 773.

90. Municipal Corporations- Constitutional Law. The Act of 1913 (Hurd's Rev. St. 1913, c. 23, § 154) amending Acts 1891, p. 142, § 6, providing for public nospitals so as to authorize the issuance of warrants in the nature of bonds, held not to violate Const. art. 9, § 12, limiting municipal indebtedness.-Holmgren v. City of Moline, Ill., 109 N. E. 1031.

91. Ordinance.-Ordinance of city in antisaloon territory prohibiting display of liquor advertisements held beyond the power of the city to adopt.-Haskell v. Howard, 11., 109 N. E. 992.

92.

Negligence-Assurance by Master.-Assurance of bridge company's engineer that plaintiff subcontractor might place steel work on a green concrete pier held negligence, proximately resulting in injury to plaintiff's workman from falling of the pier.-Washington & Berkeley Bridge Co. v. Pennsylvania Steel Co., U. S. C. C. A., 226 Fed. 169.

93. -Defined.-Negligence ordinarily arises from the failure to perform some duty or obligation required by law to be performed under the relations and conditions existing by one to another, which duty or obligation may be either positive or negative, or both.-Gogol v. Baltimore & O. R. Co., U. S. D. C., 226 Fed. 224.

94. New Trial-Partial Issue.-A successful plaintiff cannot obtain a new trial as to the issue of damages or an increase in damages, and at the same time hold the general verdict in his favor.-Banaszek v. F. Mayer Boot & Shoe Co., Wis., 154 N. W. 637.

95.

Parent and Child-Maintenance.-Where a father has agreed with his wife to pay her a stipulated sum per week for support of herself and children, and such sum is inadequate, the court will compel him to pay a greater sum.-Rennie v. Rennie, N. J. Ch., 95 Atl. 571.

96. Partition-Parol Agreement.-Agreement of children of decedent to divide his land as indicated by undelivered deeds to them, decedent's widow not signing the agreement, held valid as a parol partition of the land; she being estopped by acquiescence.-Van Zanten v. Van Zanten, Ill., 109 N. E. 986.

97. Payment-Voucher.-A "voucher" is an instrument showing on what account or by what authority a particular payment is made, or that the services of payee entitled him to payment, and cancelled checks are not vouchers, as they do not show such essentials.-Camp & Du Puy v. Lauterman, Ore., 152 Pac. 288.

98. Pleading-Amendment.-Defendant was not entitled to amend his answer during the trial to set up a deed of trust, with a defense based thereon, where the circumstances put him on inquiry.-Ablon v. Wheeler & Motter Mercantile Co., Tex. Civ. App., 179 S. W. 527.

99. Principal and Agent-Independent Contractor. Where a bank contracted that its contractor for a new building should complete it, but the bank should pay for labor and materials, the contractor became the bank's agent, not an independent contractor.-Carolina Hardware Co v. Raleigh Banking & Trust Co., N. C., 86 S. E. 706.

100. Sale of Stock.-That a person selling corporate stock inquired of the buyer relative to a note received by him on a resale of the stock, and did not demand payment for the

stock, held not to relieve him from liability to pay therefor, on the ground that he was a mere selling agent.-Shade v. Llewellyn, Pa., 95 Atl. 583.

of

101. Undisclosed Principal.-Failure principal to disclose himself with his knowledge that agent has assumed charge of the transaction, makes the agent one for all purposes of the transaction, and the principal cannot assert lack of express authority against one relying in good faith on the assumed authority. Weigell v. Gregg, Wis., 154 N. W. 645.

102. Principal and Surety-Release of Surety. Failure of the payee of a note to sue the principal on the oral request of the sureties sued, made long after the maturity to the attorney who had the note for collection, held not to release the surety sued.-Miller v. State, Okla., 152 Pac. 409.

103. Public Lands-Patents.-Patents procured from the United States by fraud are not void but voidable, and the government may elect to rescind the patent or ratify and sue for damages.-United States v. Koleno, U. S. C. C. A., 226 Fed. 180.

104. Quieting Title-Adverse Possession. A claim of adverse possession by defendant whose elevator was located in part upon the grounds of the plaintiff railroad was a cloud upon the plaintiff's title entitling it to a decree quieting title.-Des Moines & Ft. D. R. Co. v. Whitaker, Iowa, 154 N. W. 604.

105. Railroads Burden of Proof.-Where it was admitted that live cinders emitted from a locomotive started the fire, the burden was on the defendant railroad company to show that the locomotive was properly equipped and handled prudently.-Fuller v. Chicago, R. I. & P. Ry. Co., La., 69 So. 804.

re

106.- -Proximate Cause.-It is not every act of negligence on the part of a person injured or killed at a crossing that will defeat a covery of damages, but only those negligent acts materially contributing to the accident.Chicago & E. R. Co. v. Biddinger, Ind. App., 109 N. E. 953.

107. Receivers Appointment.-An order of the chancery court, requiring bond as a condition to its refusal to appoint a receiver, held valid, notwithstanding the defendant tenant had before given bond upon appeal from a judgment for restitution of the land.-Parsille v. Brown, Mich., 154 N. W. 569.

108. Reformation of Instruments.-Description. Where lessor and lessee at time of lease intended that lessee should have all the land owned by the lessor, an erroneous description by metes and bounds will be corrected on petition of the lessee.-Gimbel Bros. v. Tolman, Wis., 154 N. W. 628.

109. Sales-Acceptance.-Buyer held to become liable for price by accepting the goods or the proceeds of a sale thereof from a carrier after previously refusing to accept them.-McDonnell Foundry & Machine Co. v. Glacier Metal Co., Miss., 69 So. 769.

110. Specific Performance Personal Covenant.-Equity cannot make and enforce an efficient decree for enforcing against the covenantor's grantee a personal covenant for construction of a driveway for use by the covenantor's grantor so long as friendly relations between the parties exist.-Gerling v. Lain, Ill., 109 N. E. 972.

Where

111. Street Railroads Negligence. plaintiff drove north on the north-bound street railway track for over 250 feet at a walk, without looking behind to see if a car was coming, he was negligent.-Niederfriedrich v. Milwaukee Electric Ry. & Light Co., Wis., 154 N. W. 639.

112. Taxation-Exemption. Any contract exemption from taxation created by charter of canal or banking company, limiting exemptions of such property as is occupied and used for canal navigation, did not pass to its grantee and lessee, where the canal company leased the canal under right given by Act N. J. March 14, 1871 (P. L. p. 444.)-Morris Canal & Banking Co. v. Baird, U. S. S. C., 36 S. Ct. 28.

113. Inheritance Taxes.-In proceeding to assess inheritance taxes, the fact that the claim against the estate which was made the basis of a deduction did not correctly state the nature of the obligation cannot be taken advantage

of. People v. Lefens' Estate, Ill., 109 N. E. 965.

114. Notice.-Failure to state correctly the amount claimed for descriptions in notice to redeem from tax sale or excessive demand for descriptions does not make notice defective if it correctly states the amount paid for taxes. -Rogers v. Davison, Mich., 154 N. W. 571.

115.- -Statute of Limitations.-While plaintiffs, seeking to quiet title to unimproved land, are not barred by the statute of limitations, being under coverture, their action for equitable relief is barred by their laches in failing to pay taxes for 45 years, 14 of which followed defendant's purchase from the state.-McGill v. Adams, Ark., 179 S. W. 489.

116. Telegraphs and Telephones. - Illegal Agreement.-Where a telegraph agent converted money paid by the cousin of one accused of crime in order to stop proceedings, held, that creditors who instituted the proceedings had no right of action against the telegraph company; title not having passed, and the agreement being illegal.-Western Union Telegraph Co. v. Smith, Tex. Civ. App., 179 S. W. 548.

117. Negligent Delay.-The burden of proof is on the defendant telegraph company, in an action for damages for negligent delay in delivery of a telegram, to show that, in spite of the delay, the plaintiff by due diligence could have arrived in time.-Gainey v. Western Union Telegraph Co., N. C., 86 S. E. 716.

118. Torts-Respondeat Superior.-Railroad yardmaster who posted notice to employes not to call a particular physician in case of accident held liable to the physician; it being unauthorized by his instructions or by an employes' beneficial association.-Peek v. Northern Pac. Ry. Co., Mont., 152 Pac. 421. 119. Trusts-Construction.-A deed to one for life, and after that some sort of an estate to others, is not a trust deed, so as to be free from the unyielding rules for construction of a common-law deed.-Boyce v. Mosely, S. C., 86 S. E. 771.

120. Estoppel. Judgment creditor of grantor held not estopped from collecting judgment out of lands of grantee, who did not register deed, because the creditor's wife purchased part of the land from the grantee with money furnished by him; such transaction not constituting a resulting trust, but a gift.Maxton Realty Co. v. Carter, N. C., 86 S. E.

714.

121. United States-Contracts.-Failure to reduce a contract made by authority of Secretary of Navy to a writing signed by the contracting parties as required by Rev. St. § 3744 (Comp. St. 1913, § 6895), does not preclude enforcement of contract by the government, though it is enforceable against the government.-United States v. New York & Porto Rico S. S. Co. U. S. S. C., 36 S. Ct. 41.

122. Waters and Water Courses-Constitutional Law.-St. 1913, p. 785, is not unconstitutional as imposing a tax to pay for irrigation improvements on all property within a county irrigation district, irrespective of the benefits conferred by the improvement.-Bliss v. Hamilton, Cal., 152 Pac. 303.

123. Wills Agreement Between Adults.The widow and children of a decedent, who were the only persons having any interest in the estate, no rights of any creditors being involved, could by agreement make any disposition of the property they chose, regardless of the will-Van Zanten v. Van Zanten, Ill., 109 N. E. 986.

124. Testamentary Capacity.-The test of testamentary capacity is whether a testator at the time of the execution of his purported will had sufficient mind and memory to enable him to understand the particular business in which he was then engaged.-Bowers v. Evans, Ill., 109 N. E. 989. 125. Testamentary Capacity. Old age, physical and mental weakness, signature while in home of beneficiary subject to his association, lack of opportunity for others to see testator, revocation of former will, absence of blood ties, disinheritance of children, and procurement of execution by beneficiary are evidence sufficient to support a finding of undue influence.-In re Mueller's Will, N. C., 86 S. E.

719.