Mich, 438, it was held that "where a husband the age of twenty one. Until that time, the conveyed lands in that state, while his wife sons were to cultivate the farm and give to was a non-resident thereof, she was not en- the mother all the surplus over the debts titled to dower therein." This rule is adopt- and expenses, and after maturity of the ed here. But where a father conveyed land youngest son, the property to be divided, to a daughter, when the obvious intention with certain provisions for the support of the was to avoin liability on a decree for ali- widow. The sons having worked the farm, mony payable to his wife, who was a non-pending the minority of the youngest son, resident, it was held that the burden of proof it is subsequently sought to charge them was upon the grantee to show a valid con- with rent during that time. Held that this sideration. Otherwise her title would fail.- could not be done.— Yeich's Appeal.-Filed Atkins v. Atkins-Filed Dec. 1, 1885.-Neb. Oct. 5, 1885.-Pa.

In the case of Boor et al. v. Lowery, decided by the Supreme Court of Indiana, November 4, 1885, it was held that where physicians are in partnership, an opinion expressed by one in the absence of the other, as to the effects of the treatment which had been used by the latter, and its propriety, made after the employment was at an end, cannot be proved against the defendant physician, in an action against him; and

WILL-WHEN A LEGACY A LIEN ON REAL ESTATE-INTENTION.-Whether a legacy is chargeable to the real estate of the testator, or not, is always a question of intention of the testator. A will may be interpreted in the light of all the surrounding circumstances. Where the testator bequeathed to his wife $1,000, to one son $4,000, and the residue of his estate to his four children, and when circumstances clearly show that the testator knew he had no personal property to cover especially if the action is based on the the specific bequests. Held that the bequests ground of negligence.

were a charge on the real estate. Held farther that the two lagatees above named should share pro-rata when the estate was not sufficient to pay the bequests in full.McCorn v. McCorn.-Filed Nov. 14, 1885. -N. Y.

WILLS-LIMITATION OVER ABSOLUTE FEE. -Where in a will, a devise is made in words which carry an absolute fee, and in a subsequent clause, a devise of the same estate is made over, upon the condition that the first devisee die siezed without issue, the devise over is void. The first taker has an absolute fee, whether the estate be personal or real property. This is the rule applied to a will which took effect before the enactment of the Revised Statutes. The application of the Revised Statutes in such case is not here discussed. Van Horn v. Campbell.-Filed Nov. 14, 1885.-N. Y.

WILL-CONSTRUCTION OF.-A testator bequeaths all his property to his sons, to take effect when the youngest son shall arrive at

Lebanon M. Ins. Co. v. Erb.

Filed Nov. 2, 1885.—Pa.

(It is competent for a judge of the supreme court to grant a rule to show cause why a non pros should not be taken off, and a stay of execution is incident thereto.)

Shaffer v. Haish.

Filed Nov. 2, 1885.-Pa.

(An employer, who furnishes ordinary machinery, is not liable for injury received by an employee, who is using the machinery and is injured [by reason of his own negligence.)

Spangler v. City of Cleveland.
Filed Nov. 17, 1885.—Ohio.

(A perpetual injunction will be granted only when it is clearly shown that the applicant is entitled to it.)

Schnider v. White.

Filed Nov. 17, 1885.-Oregon. (Where a contract is made in behalf of a

(In case of homicide it is no excuse or mitigation, that the deceased and the defendant were in actual combat at the time of pany. See Ante Universal Ins. Co. v. Block.)

Filed Nov. 19, 1885.-Mich. (Holding that a wife, living apart from her husband, may maintain replevin against her held responsible for the trimming and care

READ THE FOLLOWING EXPRESSIONS OF APPROVAL.

From SILVERTHORN, HURLEY & RYAN, Attorneys at Law.

WAUKESHA, Wis., Dec. 17, 1885.

I. S. WACHOB, Esq. Dear Sir: We think your scheme a good one and deserving of the patronage of practicing lawyers. We accept your proposition.

Yours truly,

SILVERTHORN, HURLEY & RYAN.

From WILLIAM HOYNES, Professor of Law, in Law Department, University of Notre Dame, Ind. NOTRE DAME, Ind., Dec. 12, 1885, I. S. WACHOB, Esq. Dear Sir: I congratulate you very heartily upon the great improvement just made in the contents, arrangement, and general appearance of THE CHICAGO LAW JOURNAL. Its merits and utility to the profession have been greatly enhanced, and it now deserves to rank as one of our most useful law publications. It will save much time and labor in enabling the practioner to learn almost at a glance the principles involved and the questions determined in the current decisions of the highest courts throughout the country. A publication giving a lucid digest of these decisions has been needed for a long time, and I am greatly pleased that THE CHICAGO LAW JOURNAL has the necessary wisdom and enterprise to take the initiative in the

matter.

From DEWITT C. JONES, Attorney at Law.

Yours,

WILLIAM HOYNES. CHICAGO, Dec. 10, 1885.

I. S. WACHOB, Esq. Dear Sir: I have carefully examined the December number of THE CHICAGO LAW JOURNAL, and I verily believe such a publication will soon be regarded as an actual necessity by every practicing lawyer. In reading this number, I find a case announcing a principle which I have searched for in vain elsewhere, and being exactly in point, in a case I have now in hand, its value to me at this time can hardly be estimated. It would be almost impossible for a lawyer to read your monthly collec. tion of recent decisions without finding, in the course of a year, important cases which would be worth more than ten-fold the price of the Journal. Yours,

From W. L. SNELL, Attorney at Law.

DEWITT C. JONES. CHICAGO, Dec. 28, 1885.

GENTLEMEN: Since subscribing for THE CHICAGO LAW JOURNAL, the more I examine it the better I am pleased. In searching for authorities, on any given subject, it is of great value, as it brings in review a large number of decisions in such brief space. I know of no publication so comprehensive and so useful and yet so cheap. I am, gentlemen, Very respectfully

From FRANK MILLIS, Attorney at Law.

W. L. SNELL. LAPEER, Mich., Sept. 24, 1885.

I. S. WACHOB, Esq. Dear Sir: Replying to yours of the 23d, will say that the proposed plan of the LAW JOURNAL is a good one, and should meet with the support and approval of all practicing attorneys. I find myself, and have no doubt my brothers do, that it is no small task to read over the cases as they appear in the N. W.-N. E. and Pacific Reporters and other journals of this kind.

I am a subscriber to all these, and cannot do without them, but it seems to me that a Law Journal that would give a syllabus of the decisions of ALL THE STATES AND ALL THE CASES IN THOSE STATES, will fill an unoccupied place in legal journalism, and be an invaluable aid to the legal profession. Yes sir, I'll give your project my support.

* * *

I am, sir, yours, etc.

FRANK MILLIS.