falls into the residuary portion and goes to the
residuary legatee.
If a will does not contain such a clause, and there is no statute in
the way, then a lapsed legacy or other property, not covered by the
will, goes to such persons as the law has prescribed whenever persons
die leaving no will, or, in legal language, die intestate.
A will takes effect from the testator's death and so does the validity
of all the bequests. Thus, should a person mentioned as legatee die
before the testator, the legacy would be invalid. But many or all of
the states have provided by statute for the continuation of these in
many cases. Thus, should a son, to whom his father has devised some
land, die leaving children, they take it in place of their father.
These statutes vary much, some limiting the substitution to the
lineal heirs of the deceased, son, grandson, etc., others extending
the substitutes to the collateral heirs of any devisee or legatee.
Again, by statute and common law a wife is entitled on the death of
her husband to a specific portion of his property. Should he not give
her as much by his will, unless he had made an agreement with her
before marriage with respect to what she was to receive, she may
renounce her rights under her husband's will and claim what the law
would give her as if he had made no will.
A will can be revoked any time. The common way is to destroy it.
Another way is to dispose during his lifetime of his property. In one
of the cases a testator had indorsed on his will in his own
handwriting "canceled." Though this was not signed, it was held to be
a revocation. In another case a blind testator called for his will
which was handed to him. He gave it back with the direction to put it
in the fire. Instead of doing so another piece of paper was
substituted and burned. This was a downright fraud, and the court
justly held that the will had been revoked.
=Workmen's Compensation Acts.=--Who is entitled to compensation by
these acts? The proper test to apply is, whether the employer
possessed the power to control the other while at work at the machine
or other thing from which the injury arose. Says Honnold: "In the
ordinary acceptance of the term, one who is engaged to render services
in a particular transaction is not an employee; the term employee
embracing continuity of service and excluding those employed for a
single and special transaction. It does not usually include
physicians, pastors or pr
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