ESTATES. See "Life Estates." and 109 New York State Reporter Created by will, see "Wills." § 5. ministrators." Estates for years, see "Landlord and Tenant." Tenancy in common, see "Tenancy in Com mon. Trusts, see "Trusts," § 2. ESTOPPEL. By judgment, see "Judgment," § 4. Of cestuis que trustent to claim credit for money paid by administrator out of trust fund, see "Executors and Administrators," § 9. Of co-tenant to assert adverse possession, see "Tenancy in Common," § 1. Of tenant to dispute title of landlord, see "Landlord and Tenant." § 2. Of wife to charge husband's executors for chattels, see "Husband and Wife," § 2. On appeal to interpose objections not raised below, see "Appeal," § 2. To insist on forfeiture of benefit insurance, see "Insurance," § 5. § 1. Equitable estoppel. The owner of a city lot is not estopped from claiming that "swell fronts," projecting into the street, of houses built on adjoining lots, are an interference with her easement of air, light, and access, by failure to object to such projections while the houses were being constructed.-Ackerman v. True (Sup.) 695. Widow of deceased partner, consenting to lease of partnership property in which she has an interest, held estopped to deny validity of lease.-Willis v. McKinnon (Sup.) 770. EVIDENCE. See "Affidavits"; "Depositions"; "Discovery"; "Witnesses." Admissibility of evidence under pleading, see "Pleading." § 8. Effect on appeal of failure to except to ruling admitting evidence over objection, see "Ap peal," § 2. Presentation of grounds of review, see "Appeal." § 2. Questions of fact for jury, see "Trial," § 3. As to particular facts or issues. See "Damages," § 5; "Deeds," § 2; "Fraudulent Conveyances,' § 3. In particular civil actions or proceedings. See "Divorce," § 1; "Negligence," § 4: "Reformation of Instruments," § 2: "Specific Performance," § 3; "Trespass," § 2. For assault with intent to rape, see "Rape," § 1. For breach of covenant, see "Covenants," § 3. For personal injuries, see "Master and Serv In replevin to recover fixtures, see "Fixtures." In criminal prosecutions. See "Abduction." § 1; "Arson"; "Bribery": "Criminal Law," § 2; "Malicious Preset tion," § 1. § 1. Judicial notice. The court will take judicial notice that a letter mailed in New York City at 6:50 p.m. on May 29th will be delivered in the dne ese of mails on the morning of May 30th.-M v. Stearns (Sup.) 1082. Declarations by the grantor of real est his grantee in a suit to set the conveja after the conveyance, are not admissible acal 4 aside as being in fraud of creditors.-KO v. Higgins (Sup.) 397. On an issue as to whether certain st were held in trust as security for the am paid for the purchase thereof, letters by party acknowledging the correctness of a er ment of account, in which he is charged by other party with the purchase price and in est, and credited with the dividends, are 1 missible in evidence.-Rand v. Whipple S 740. Assent to contract, see "Contracts," § 1. As to relation of assignor to firm debt assign-8 4. Declarations. ed, see "Assignments," § 2. Burden of proof as to fairness of contract of attorney with client, see "Attorney and Client," § 4. Declarations of administratrix that she " sold saloon of her intestate to her husbar? admissible, after her death, as res gestare Suess (Sur.) 938. 5. Documentary evidence. In a suit to set aside a conveyance of real Evidence held insufficient to show witnesses to 6. Parol or extrinsic evidence affect- ing writings. Where mortgage provides for payment of § 7. Opinion evidence. The speed at which a train was running is The admission of an answer by an expert in neous, as not being authorized by the hypothet- In an action against a street railway com- In an action for breach of a building con- Evidence as to value of services rendered a On the issue of the value of services in man- § 8. Weight and sufficiency. In an action for damages for breach of con- EXAMINATION. Of adverse party before trial, see "Discov- Of expert witnesses, see "Evidence," § 7. EXCEPTIONS. Necessity for purpose of review in criminal EXCEPTIONS, BILL OF. Necessity for purpose of review, see "Appeal," EXCHANGES. In determining the amount due members of On insolvency of a member of the New York EXCISE. Regulation of traffic in intoxicating liquors, EXECUTION. See "Attachment"; "Judicial Sales." § 1. Property subject to execution. § 2. Issuance, form, and requisites of Under Code Civ. Proc. §§ 1377, 2553, 2554, Under Code Civ. Proc. § 2553, the docketing § 3. Stay, quashing, vacating, and re- Motion to vacate execution of a judgment ob- and 109 New York State Reporter Corporation in process of voluntary dissolution held entitled to move to vacate an execution against it and restrain a sale thereunder.-Fox v. Union Turnpike Co. (Sup.) 464. EXECUTORS AND ADMINISTRATORS. See "Wills." Courts of probate, see "Courts," § 2. § 1. Appointment, qualification, and tenure. An executor has absolute power to distribute an unbequeathed residuum.-In re Haughian (Sur.) 932. Guardian of minor child held entitled to administer in preference to public administrator. -In re Hudson (Sur.) 1053. Public administrator preferred to brother not taking a distributive share on application for administration. In re Gilchrist's Estate (Sur.) 1055. Administrator will not be removed, as improvident, because a trust in real estate has diminished in value and income.-In re Treadwell's Estate (Sur.) 1058. § 5. Allowance and payment of claims Evidence held to support a wife's claim fr board against her deceased husband's estate.In re Hamilton (Sup.) 66. Where services are rendered and disburse ments made under an agreement that the per Under Code Civ. Proc. §§ 2727, 2729. as amended by Laws 1901, c. 293. relating to claims for funeral expenses, a claimant for funeral expenses held required to adopt the procedure prescribed by the amendment, though the expenses were incurred before its taking effect. In re Kipp (Sup.) 589. The holder of a contingent debt against a de cedent's estate is not a creditor thereof, within Code Civ. Proc. § 2745.-In re Henshaw (Sur.) 1047. Judgment for costs against administratrix is action by her on debt due decedent held entitled to preference over debts due general creditors.-In re Mahoney's Estate (Sur.) 1056. Judgment for costs against administratrix in an action by her held not a debt of intestate. nor is the judgment creditor a creditor of the valid.estate.-In re Mahoney's Estate (Sur.) 1056. § 6. Distribution of estate. Appointment of another beneficiary under a trust in a will as administrator held In re Treadwell's Estate (Sur.) 1058. Renunciation of right to administer may be withdrawn by permission of the court.-In re Treadwell's Estate (Sur.) 1058. § 2. Assets, appraisal, and inventory. Rent accruing after the testator's death goes to the heirs, and not to the administrator.Priester v. Hohloch (Sup.) 405. § 3. Collection and management of es tate. Executors held authorized to mortgage real estate of testator to pay legacies.-Freifeld v. Mankowski (Sup.) 454. A will held to give the executors a general power of sale of the testator's real estate. Walter v. Tomkins (Sup.) 557. An administrator owing an estate, by crediting the estate with the debt and charging the same against his distributive share, cannot stop the running of interest.-In re Davis (Sur.) 493. Administrator held liable for interest on debt due his intestate up to the time of the judicial settlement. In re Davis (Sur.) 493. Administratrix held chargeable only with the net, and not the gross, receipts of a saloon of her intestate.-In re Suess (Sur.) 938. Administratrix, permitting saloon of her intestate to pass into the control of her husband, held liable to the next of kin.-In re Suess (Sur.) 938. § 4. Allowances to surviving wife, husband, or children. Widow's exemption, under Code Civ. Proc. § 2713. determined.-In re Hembury's Estate (Sur.) 933. A distributee who had settled with an administrator held not entitled to maintain an action for an alleged balance against the administrator in his individual capacity.-Thompson v. Thompson (Sup.) 401. § 7. Sales and conveyances under order of court. An executor's sale of realty held not subject to be set aside on petition of a minor on reachillegal, unwarranted, without proceedings for ing his majority, on the ground that it was his protection, etc.-In re Wood's Estate (Sup) 272. and testamentary trustee, on the theory that the severing words had been inserted in the decree FIRE DEPARTMENT. by mistake, so as to deprive the incumbent of See "Municipal Corporations," § 2. A will held to impose upon the executor the double duties of executor and trustee, entitling See "Arson." No commissions are allowed on a specific legacy. In re Robinson (Sur.) 490. In charging an administratrix with the profits of a saloon of her intestate, conducted by the husband of the administratrix, the persons objecting must show what the profits were.In re Suess (Sur.) 938. Where administratrix of infant includes money coming into her hands, representing an infant's share in real estate, but remaining real estate, in her account, it will be stricken out, and no commissions thereon allowed.-In re McKay (Sur.) 1669. EXPENSES. Reimbursement of administrator for legal expenses contracted, see "Executors and Administrators," § 7. EXPERT TESTIMONY. In civil actions, see "Evidence," § 7. EXPLOSIVES. An ammunition manufacturer held liable for injuries sustained by an explosion of material which had been placed on a vacant lot and obtained by boys accustomed to play there, though the explosion was caused by plaintiff's companion.-Travell v. Bannerman (Sup.) 866. FACTORS. See "Brokers"; "Principal and Agent." FALSE IMPRISONMENT. See "Malicious Prosecution." FEES. Of attorney, see "Attorney and Client," § 4. FELLOW SERVANTS. See "Master and Servant," § 3. FILING. Indictment or presentment, see "Indictment and Information," § 2. FINDINGS. On reference, see "Reference," § 2. FIRES. FIXTURES. Where trade fixtures are sold to a tenant, attached to the leased premises, and a chattel mortgage taken on the fixtures for the purchase price, all as parts of one transaction, a mortgage foreclosure purchaser of the realty acquires no title to the fixtures.-Bernheimer v. Adams (Sup.) 93. The taking of a new lease by a tenant, without reserving the right to remove trade fixtures, held not to defeat the right of the tenant or her chattel mortgagee to remove the fixtures.-Bernheimer v. Adams (Sup.) 93. A lessee, on the termination of his lease by foreclosure of a mortgage on the premises, has a reasonable time in which to remove trade fixtures which he has placed thereon.-Bernheimer v. Adams (Sup.) 93. Where a landlord does not claim title to trade fixtures for the tenant's failure to remove them within a reasonable time after the expiration of the lease, the chattel mortgagee of the tenant, in replevin to recover the fixtures, is not required to prove facts estopping the landlord from raising such objection.-Bernheimer v. Adams (Sup.) 93. Evidence examined, and held to show that the removal of trade fixtures attached to realty by a tenant, but not distinctively a part thereof, would so damage the property as to preclude removal by the tenant.-Bernheimer v. Adams (Sup.) 93. FOLLOWING TRUST PROPERTY. See "Trusts," § 5. FORCIBLE DEFILEMENT. See "Rape." FORECLOSURE. Of lien, see "Mechanics' Liens," § 4. FOREIGN CORPORATIONS. See "Corporations," § 6. FORFEITURES. Of franchise, see "Corporations," § 5. FORMER ADJUDICATION. See "Judgment,” § 4. and 109 New York State Reporter FORMS OF ACTION. See "Trespass," § 2. FRANCHISES. See "Street Railroads," § 1. FRAUD. See "Fraudulent Conveyances." amount of the lien.-Lazarus v. Rosenberg (Sup.) 11. The mere proof of a voluntary conveyance by a husband to his wife is not sufficient, in a suit to set the conveyance aside as being in fraud of creditors, to impose the burden on defendant of showing that there was no fraudulent intent.-Kalish v. Higgins (Sup.) 397. The fact that in a suit to set aside a fraudulent conveyance the testimony of one of the defendants. who was a party to the convey ance, tending to show that it was without fraudulent intent, is not believable, is not a In procuring making of will, see "Wills," § 3. circumstance from which such intent could be FRAUDS, STATUTE OF. § 1. Agreements not to be performed within one year. found.-Kalish v. Higgins (Sup.) 397. Evidence held insufficient to show that a voluntary conveyance by a husband to his wife was in fraud of creditors.-Kalish v. Higgins (Sup.) 397. GARNISHMENT. A verbal agreement by a partner selling his interest in the business not to enter into such business until 27 months after a certain date held to be within the statute of frauds (2 Rev. See "Attachment." St. p. 135, § 2, subd. 1).-McGirr v. Campbell (Sup.) 571. 2. Sales of goods. Sale of personalty held void, there being no memorandum thereof, nor payment of any part of the purchase money, nor delivery.-Linde v. Huntington (Sup.) 161. FRAUDULENT CONVEYANCES. By bankrupt, see "Bankruptcy," § 1. § 1. Transfers and transactions invalid. Conveyances to creditors, accepting advantage of a fraudulent scheme of their debtor, will be set aside.-Barker v. Franklin (Sup.) 305. Confession of judgment, not obtained with notice of fraudulent scheme of the debtor, sustained.-Barker v. Franklin (Sup.) 305. GIFTS. Transfer taxes, see "Taxation," § 4. 1. Inter vivos. Provision in lease held not a gift of rent to lessor's wife after his death, for want of delivery.-Priester v. Hohloch (Sup.) 405. GOVERNOR. See "States," § 1. Authority to remove public officer, see "Offcers," § 1. GRAND JURY. See "Indictment and Information." An objection that an individual member of the grand jury was not a resident of the county cannot be raised after the indictment Was found.-People v. Scannell (Gen. Sess.) 500. GUARANTY. Conveyances of individual real estate, fraudulently made to creditors not knowing of the See "Principal and Surety." fraudulent scheme, will be set aside.-Barker v. Franklin (Sup.) 305. § 2. Rights and liabilities of parties |