.. A Qamonstrative legacy is the bequest ofa certain sum of money. with th,e direction that it shall be paid out of a particular fund. It differs from a specilici legacy in' that, if the fund out of vi' hich it is payable fails for any cause, it is nevertheless entitled to come on We estate as a genel'allegaey; and it differs from a generlillegacy in this: that it does not abate in that class, but in the, class of specific legacies." , Had 'thelegacy totheplaintiff been restricted to $2,000 "of my South Ward Loan ofChestet,!l' or had the testatrix given $2;000 of the debt belonging to her on o'ri.e of the bonds in her possession at the date of hier will,particularly describing the bond by number and date, showing 'that, intended to give to the plaintiff that amount of a speei£ed debt, a different caSe would pave been presented; but, in the absence of any stich expressed or' implied intention to this a specific legacy, it'.tI1ust(urider the 'rules for the construction of similar' be:beheld to be legacy, and payable out of the estate. " 8avue v. Bldcket, 1 P. Wins. 777; CJhaworth v. Beech, 4Ves.'565; Smith v; Jilitzgerald, 3 Ves. & B. 5; GillaU1ne v. Adderley, IS Qiddingsv. Seward; 16 N. Y. 365; Nf1Wton v. Stanley, 28 N.Y. 61; Ncirri:8'v. Th011U1On, 16 N.J. Eq. 222. See,: also, American note to ¥acguire,2Whlte& T. Lead. Cas. 646, and 3 Amer. Dec. , ";, i" Judgment will' be entered for the plaintiff for the sum of $2,266.66, that amount being the principal of the legacy, with interest from the 1st day of Ootober, costa of s u i t . ' !
(Dtatrict Court, E. D. South Carolina. January 8,1899.)
PBnloNs-l'ROOUJlING 'PAYMENT-E'lrOEsStVE COMPENSATION:
At the instance of an ignorant pensioner, an attorney filled out the VOUchers necessary to obtain the first payment, forwarded them to the proper pension agent, reo ceived the latter's cbeck, procured the pensioner's indorsement tbereto, and drew tbe money. HeW that, although, he had no hand in procuring' the allowance of, tbe pension, he was still a "person instrumental in prosecutin,g the claim," wi,thin, 'the meaning of Rev. St. U.S, § which makes it a misdemeanor for such a person to retain a greater compensation than is allowed by the pension laws.
At Law. Indictment of Thomas J. Reynolds for wrongfully withholding pension money. On motion to instruct the jury to return a verdict of not guilty. Denied. B. A. Hagood, Asst. U. S. Atty. S. J. Lee, for SIMONTON, J. The defendant is indicted under section 5485, Rev. St. U.:;. The indictment charges that the defendant, a "person instrumental in prosecuting the claim" of one Jack Danner for pension, wrongfully withheld from him the sum of $10. Danner was a private v.48F.no.9-46 .
Iput,:l.lpon pl'ePl!-,re<t hIS by M;r,s.,E. C,n>(ut, attorJ1ey' )3eaufort, S. .1nJune, blan,)q.weI,'8; selltto :panner fOil the purpose of enabling him to obtain his first of pension. ;:He took these to the is an attorney a,t law; and .notary at Beaufort. ;filled them tqe necessl!Ji"y and the agent at Knox,viUe, witll thatD!\Ilntlr'iI,ad<iress, was ,care ,of T. $, ,Tbe penEiionagenti sent the check to the of .Wben he the in<Jorsement of the check by and paid Danner its face valueJ l.ess 81,0.. ,is grossly ignoral1t anti illiterate. The defendant tltjit Danpe:r,JeJ;1,thim Danner d;enies., tlWl entirely. A moto,finddefE!ndant not guilty. ,the pensioll, claim established ·..O:ro,fut, as, and, if be not, '.'fL-:per!K>:ll: in a claim fQr pension.'! and at ,tb13, of .the r;overnment the most careful and tender consideration. Many of them they are)gqpr'tnt, and tor. t1Wm from pacity of their agents, not steps for the. ment of their right to be upon the pension rolls, but also in every proceeding which must be taken in order to obtain the installments of their pension. The defendant was·instl'umentill in prosecuting the claim of Danner, within the terms of the section. The case must go to the jury· .."'
inflip'try; 'V11 it ed ,S
OO'U'rt,N.;D.BUnoi,. Janua!'Y '4,1899.) ; " ..... " ; ," . , ....
. .·Letters Ilat8nt No. 484,087 'lllllUedAUa'\'lllt 12; 1890, to
Lalli' fot an electrio llonsistingot a:lllf6rt'ffidf,allic wire with eacliend passing through a the rail, aril void for' bolt or rivet; 'lfliich is firmly inllel'ted'i1ltOv. hole want of novelty over the Gassett & Fisher patent of May, 1880, in which the con·necting \'fi,re !e. ,colled round ,th,e! ,pftbe, rivets, of passing through them, as ItS tbe Westin'ghouse patent10f July 31, 1888;'and the Winton patent .of April 14, :which, the ends ot, the.! wires are direotlyc insel'ted in holes in the ralls. ,.
In Equity. Bill by Charles Leibagainst the'1tlectric Merchandise Company and others for infringement of a patelit. "Bill dismissed. fhUlips AbbQtt and W. for '·F. W. 1'oidefendatl&."·· . ' ,,;:.!
" " . ':: . In:' .'
BLODGE'l"l', J.;' This is a bill ;in ;equity for an injunction and aeconnt.ing,by reaSob of alleged itlfr.ingementof patent No. 484,087 ,granted