TAXATION (Continued).

Transfer inheritance tax-Deed of settlement executed in 1872-Acts
of May 6, 1887, P. L. 79, June 20, 1919, P. L. 521, and May 4, 1921, P. L.
341. Hieskell's Estate, 592.

Transfer inheritance tax-Power of appointment-Exercise working
blending with donee's estate-Act of June 20, 1919, P. L. 521. Howell's
Estate, 526.

TAX SALES.

Judgment on surplus bond—Striking off-Procedure outlined in pro-
tection of all parties Text of order of court. Susquehanna County
Treas. v. Wright, 327.

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TELEPHONES. SEE ELECTRICITY.

TENANTS AT SUFFERANCE. SEE ADVERSE POSSESSION.

TENANTS IN COMMON. SEE ADVERSE POSSESSION.

Payment by one of tax due by another Recovery back from the
co-tenant-Voluntary payment-Ignorance, fraud-Silence of co-tenant.
Braughler v. Findley, 784.

Practice, C. P.—Issue to quiet title to real estate-Possession defined
as positive and not contentious and alternating-Construction of Act of
June 10, 1893, P. L. 415. Murray's Petition, 659.

TORTS. SEE CAPIAS.

Water companies-Deficiency in supply of water. Hay v. Connells-
ville Water Co.; City, etc., for use of Hay, v. Connellsville Water Co., 731.

TOWNSHIPS. SEE CONSTABLES; POOR LAW.

Road law-Supervisors-Supplying own teams-Act of March 31,
1860, § 66, P. L. 400. Com. v. McCoy, 539.

Supervisor - - Vacancy Neglect to take oath or assume duties
Appointment and rule to revoke same-Act of July 14, 1917, P. L. 840.
Brownsville Township's Supervisor, 741.

TRANSFER INHERITANCE TAX. SEE TAXATION.

TREES.

Eminent domain - Electric light companies. Jackson v. Sullivan
County Elec. Co., 241.

TRESPASS. SEE NEGLIGENCE; PRACTICE, C. P.

Statement in pleading-Account of items, etc.-Sufficiency-Copy of
contract Averment as to whether contract oral or written - Lien on
automobile-Execution sale after notice of lien. Levenite v. Homsher,

TRIALS. SEE CHARGE OF COURT; INJUNCTIONS; NEW TRIALS; VERDICTS.
Criminal trial-Objectionable remarks by counsel. Com. v. Mehr-
ing, 673.

TRUST COMPANIES.

Banks-When banks cannot qualify to do trust company business—
Acts of April 29, 1874, P. L. 73, May 13, 1876, P. L. 161, and May 9, 1889,
P. L. 159. Banks as Trust Companies, 451.

Confidential relationship-Director and cestui que trust. Freeman's
Estate, 367.

TRUSTS AND TRUSTEES. SEE ACCUMULATIONS; SPENDTHRIFT TRUSTS.
Acceleration on widow's election to take against will-Remainders—
Declaratory judgments. Snavely's Estate, 405.

Assignment by cestui que trust to director of trustee corporation as
agent for another corporation-Absence of confidential relation. Free-
man's Estate, 367.

Collateral inheritance tax-Payment out of principal-Reimburse-
ment. Wanner's Estate, 721.

Investments-Bonds of joint-stock land banks-Penna. Const., art. III,
§ 22-Act of April 5, 1917, P. L. 46. Joint-Stock Land Bank Bonds as
Trust Investments, 55.

Maintenance and support of life beneficiary-Direction for sale of
real estate if trustees deem sale necessary for such support-Maintenance
where beneficiary has separate estate. Ziegler's Estate, 51.

Removal-Failure to sell real estate on rising market-Like failure
by survivor of joint trustees-Effect of appointment of new co-trustee.
Lafferty's Estate, 689.

Savings banks. Savings Banks Investments, 54.

Separate trusts for different children-Remainders "Trustees for
living beneficiaries." Warrington's Estate, 547.

Termination-Agreement of settlor and beneficiaries -

trust. Johnson and MacEwan v. Provident Trust Co., 248.

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Spendthrift

Transfer inheritance tax-Deed of settlement-Acts of May 6, 1887,

P. L. 79, June 20, 1919, P. L. 521, and May 4, 1921, P. L. 341. Hieskell's
Estate, 592.

Uncertainty of trust-Care of son in times of sickness or disability—
Query. Wolf's Estate, 768.

UNFAIR TRADE. SEE RESTRAINT OF TRADE.

UNITED STATES.

Priority and the exemption laws-U. S. Rev. Stat., §§ 3466 and 916.
Jones's Estate, 475.

VARIANCE. SEE PRACTICE, C. P.

VENDOR AND VENDEE. SEE SALES OF REAL ESTATE.

Deposit as liquidated damages - Counter-claim stricken off accord-
ingly. Beran v. Katz, 193.

Executory agreement-Clause requiring approval in specified time—
Reasons given orally not controlling-Statute of frauds. Schulte v. Stern
and Markmann, 47.

VENDOR AND VENDEE (Continued).

Executory agreement to convey-Signature by agent in principal's
presence Statute of frauds. Schulte v. Stern and Markmann, 47.

Recovery back of hand-money. Affidavit of defence - Defendant's
ability and willingness to perform-Conveyance to others, but subject to
defendant's orders. Schuman v. Barry, 550.

Rescission-Recovery back of down-money-Plaintiff vendee's default
in performance-Defendant's readiness-Affidavit of defence. Beran v.
Katz, 193.

VERDICTS. SEE JURY AND JURORS; LIBEL AND SLANDER; NEW TRIAL.
Correction of sealed verdict. Hitz v. Baron Brothers, 686.

Partnership—Individual names-Moulding verdict. O'Brien v. Saint
Rita Oil Co., 640.

Personal injuries-New trial. Jones v. Phila. Rapid Transit Co., 120.
Question to jury as to costs, after verdict. Leitzel v. Romberger, 203.

VESTED AND CONTINGENT INTERESTS. SEE PARTITION.

WAGES. SEE AFFIDAVIT OF DEFENCE; ATTACHMENTS.

Lien prior to execution · -Wages Act of April 9, 1872, P. L. 47
Essentials of notice-"Labor at bees"-Lien confined to property devoted
to the bee industry-General execution subject to such lien only as above.
Huyert v. Rinehart, 236.

Notice-Notice to sheriff of wage claim-Sufficiency-Notice as to
the property and as to identity of the process - Act of April 9, 1872,
P. L. 47. Com. v. Clauss, No. 2, 404.

Notice of wage claim-Sufficiency-Execution-Notice by father as
next friend of minor claimant-Wages Act of April 9, 1872, P. L. 47.
Com. v. Clauss, No. 1, 403.

WAIVER. SEE BUILDING LAW AND CONTRACTS; INSURANCE; PRACTICE, C. P.;
SET-OFF AND COUNTER-CLAIM.

WARRANTY. SEE SALES.

WATERS AND WATER COMPANIES. SEE BILL OF DISCOVERY; PUBLIC
OFFICERS; RIPARIAN RIGHTS; WATER SUPPLY COMMISSION.

Water supply-Deficiency-Loss by fire-Suit by taxpayer against
the water company-Suit likewise by city to his use-Duty of city, lia-
bility of company, discussed-Contract with borough. Hay v. Connells-
ville Water Co.; City, etc., for use of Hay, v. Connellsville Water Co., 731.
WATER SUPPLY COMMISSION. SEE PUBLIC OFFICERS.

WIDOWS' AND CHILDREN'S EXEMPTION. SEE DECEDENTS' ESTATES.

WIDOWS' ELECTION. SEE WIDOWS' INTERESTS.

WIDOWS' INTERESTS.

Acceleration of remainder interests on widow's election to take
against will. Snavely's Estate, 405.

WIDOWS' INTERESTS (Continued).

Election against will-Effect of Wills and Intestate Acts of June 7,
1917, P. L. 403 and 429. Carter's Estate, 774.

$5000 refused her as to specific devise to husband, where devise
ineffective due to other provisions in case he died. Vernier's Estate, 191.

WILKES-BARRE. SEE LICENSES.

Building code-Tenant's sign-Conflicting interests of adjoining ten-
ants. Kaplan v. Meade, 802.

WILLS. SEE ACCUMULATIONS; PERPETUITIES; POWERS; TAXATION.

Adopted child not entitled as child in this case-Will prior to Wills
Act of June 7, 1917, § 16 (b), P. L. 403-Careful review of authorities in
conflicting opinions filed. Yates's Estate, 569.

--

Bequest to nurses in last illness - Division among three. Stump's
Estate, 565.

Codicil-Construction of will and codicil as one-Specific devise in
codicil held subject to gift of life interests to widow in the will. Vernier's
Estate, 191.

Construction-Condition that legatees survive testator-Wills Act of
June 7, 1917, § 15 (c), P. L. 403. Peck's Estate, 734.

Construction-Estates pur autre vie-Death of beneficiary during
the other's life. Ritchie's Estate, 455.

Construction-Gift for life with power to consume-Right to con-
sume does not include right to give by will-Partial intestacy, therefore,
of original devisor-Partition in consequence. Cubberley's Estate, 102.

Construction Gifts over-Issue-Grandchildren-Great-grandchil-
dren-Issue to take such share only as deceased parent would have taken
if living. Vanderbilt's Estate, 209.

Construction-Gift to "natural heirs" of first beneficiary in case of
personalty Rights of husband. Wetherill's Estate, 667.

Construction-Gift to two with gift over on death of both-Absence
of words of survivorship-Income during life of survivor. Shuster's
Estate, 119.

Construction-Interpolation of clauses inadvertently omitted by tes-
tator. Lyle's Estate, 67.

Construction Life-tenant and remainderman Principal and
income "Income and profits"-Gain on sale of realty purchased by
executor on foreclosure-Authorities discussed. Leech's Estate, 1.

Construction-Maintenance and support of life beneficiary-Direc-
tion for sale of real estate if trustees deem sale necessary for such sup-
port-Maintenance where the beneficiary has a separate estate. Ziegler's
Estate, 51.

Construction-Moneys-Direction to pay annuities in francs-Par or
gold values the measure. Willing's Estate, 621.

Construction-Occupancy of home. Ritchie's Estate, 455.

Construction Principal and income- Accrued income. Yates's
Estate, 569.

Construction-Separate trusts for different children-Remainders-
"Trustees of living beneficiaries." Warrington's Estate, 547.

WILLS (Continued).

Construction-Specific devise to son ineffective under provisions in
case of son's death-Passing of fee to substitutes under such other pro-
visions-Son's widow not entitled to statutory $5000 interest in the devise.
Vernier's Estate, 191.

Construction-Words importing death-What time thereby contem-
plated. Freeman's Estate, 367.

Contract to make bequest-Strict proof required-Evidence in this
case reviewed. Reynolds v. Williams, 499.

Devise to children, &c.-Death of devisee in devisor's lifetime-Tenor
of will. Williamson v. Greene Improvement Co., 176.

Election against husband's will-Effect of Wills and Intestate Acts
of June 7, 1917, P. L. 403 and 429. Carter's Estate, 774.

Execution Signature by mark - Direction and authority consid-
ered-Act of June 7, 1917, P. L. 403. Picconi's Estate, 245.

Identity Persons recognized by description and not by naming.
Stump's Estate, 565.

Intestacy. Peck's Estate, 734.

Lapse. Peck's Estate, 734.

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Legacies - Inadequacy of personal estate Real estate
June 7, 1917, P. L. 403. Shoffstahl's Estate, 49.

Act of

Legacies to deceased person-Wills Act of June 7, 1917, P. L. 403—
Residuary estate. Harvey's Estate, 304.

Real property-Devise of option to purchase-Devisee takes subject
to existing mortgage-Wills Act of June 7, 1917, P. L. 403. Fenster-
maker's Estate, 691.

WITNESSES. SEE GRAND JURIES; NEW TRIALS; PHYSICIANS AND SUR-
GEONS; PRACTICE, O. C.

Cross-examination-Credibility-Employment, as by casualty com-
pany-Motion for new trial. Bernstein v. Quaker City Cab Co., 366.
Proof of record of conviction of witness. Com. v. Wilson, 552.

WOMEN. SEE LABOR LAW.

WORDS AND PHRASES.

Actually dependent. Redmond v. Belmont Iron Works, 142.
Adjacent. Canonsburg Borough's Annexation, 624.

Allowed. Lawrence County v. Horner, County Treas., 374.

Casual. Snavely v. Hackenberg, 28.

Certificate. Lewisburg's Annexation, 158.

Child. Yates's Estate, 569.

Corporation ... organized by or under the laws of the United

States. . . . National Banks, 198.

Dead. Mothers' Assistance Fund, 280.

Deceasing. Freeman's Estate, 367.

Directed. Kemp v. Kemp, 519.

Direction and authority. Picconi's Estate, 245.

Dissatisfied. Grenell's Appeal, 616.

Domestic. Com. v. Clauss, No. 1, 403.

Domicile. Wayda's Estate, 535.

Dressing of victuals. Com. v. Carros, 761.

Establishment. Working Conditions in Tenements, 649.