Johnson County, Missouri - Chapter 24, 1881

Chapter 24

Abstract of Missouri State Laws - Administration - Letters of Administration - Dowers - Arbitrations - Attachments - Bills and Notes - Contracts - Courts - Conveyances - Des¬ cent and Distributions - Fences and Inclosures - Juries - Liens - Limitations of Actions - Roads and Bridges - Strays - Canada Thistles - Weights and Measures---Wills.

Administration

Letters testamentary or of administration are granted by the probate court, or judge or clerk in vacation, subject to the confirmation of the court when in session. The probate court may, in its discretion, refuse, by order of record, to grant letters of administration on estates, not greater in amount than is allowed by law as the absolute property of the widow, or the minor children under sixteen years of age, unless on the application of other parties interested, the existence of other or further property be shown. After the making of the order, and until it is revoked, the widow, or minor children, by their guardian, are authorized to collect, sue for and retain all the property belonging to the estate.

Letters of administration must be granted in the county in which the mansion, house or place of abode of the deceased is situated. If he had no mansion or place of abode, then in the county in which the greater part of his land lies. If he had no mansion nor land, then in the county in which he died, or the greater part of his estate may be.

If letters should be through mistake granted in the wrong county, the appointment of the administrator is not void, so as to invalidate his acts, but on application to the probate court by whom he was appointed, his letters may be revoked and an administrator appointed by the probate court of the proper county. Judges, clerks and deputy clerks of probate courts, minors, persons of unsound mind and married women are prohib¬ ited from being executors or administrators.

Letters must be granted ; first to the husband or wife, and, secondly to one or more ol those who are entitled to distribution of the estate. If no such persons apply within thirty days, the court or judge, or clerk, in vacation, may, after giving them five days notice, appoint any other per¬ son deemed most suitable. Letters may at any time be granted to any person deemed suitable, if the persons entitled to preference file their renunciation in writing. Letters shall in no case be granted to a non-resi¬ dent, and when an administrator or executor becomes non-resident, his let¬ ters will be revoked.

Administrators and executors are required to give bond, with two or more sureties, resident of the county, in at least double the value of the estate, and no judge of probate, sheriff, marshal, clerk of a court, nor attorney-at-law can be taken as security, and the bond must be signed in the presence of the court, judge or clerk. The marriage of an executrix or administratrix revokes her letters, and "if any executor or administramf tor become of unsound mind, or be convicted of any felony or other infa¬ mous crime, or has absented himself from the state for the space of four months, or become an habitual drunkard, or in anywise incapable or unsuitable to execute the trust reposed in him, or fail to discharge his offi¬ cial duties, or waste or mismanage the estate, or act so as to endanger any co-executor or co-administrator," the court may, upon proper proceeding, revoke his letters.

Executors and administrators may resign their letters after giving four weeks notice in some newspaper published in the county, with the per¬ mission of the court.

, Immediately alter grant of letters it is the duty of an administrator to take the goods, chattels, money, books, papers and evidences of debt, and of title to real estate, except the property reserved as the absolute prop¬ erty of the widow, and make a full and complete inventory of the same, blanks for making which can usually be obtained from the judge or clerk of the probate court. It is also the duty of the administrator to have the personal estate appraised by three disinterested house-holders of the county, and the administrator has the power to administer oaths to wit¬ nesses to inventor}^, and appraisers. The inventory and appraisement must be filed within sixty days after letters granted.

Within thirty days after letters are granted, the executor or adminis¬ trator must publish a notice of his letters for three weeks in some news¬ paper published in the county, or if there be none therein, the nearest county where one is published ; for form of which see Rev. Stat., Sec. 87.

If the administrator fail to give such notice, the two years limitation, provided by statute against proving claims against an estate, will not run in his favor.

Proof must be made of the publication of the notice, by the affidavit of the publisher, and the proof filed with the clerk of the probate court within sixty days after it is made.

In addition to dower, the widow is allowed to keep, as her absolute property, a family bible and other books, not to exceed two hundred dol¬ lars; all the wearing apparel of the family, her wheels, looms and other implements of industry ; all yarns, cloth, and clothing made up in the family for their own use; all grain, meats, vegetables, groceries and other pro¬ visions on hand and privided, and necessary for the subsistence of the widow and her family for twelve months; her household and kitchen fur¬ niture, including beds, bedsteads and bedding, not to exceed the value of five hundred dollars.

Abstract Of Missouri State Laws

If the grain, meat or other provisions mentioned above are not on hand at the time of taking the inventory, the court will make a reasona¬ ble appropriation out of the assets of the estate to supply the deficiency. In addition to the above, the widow is entitled to four hundred dollars worth of personal property at the appraised value. This four hundred dollars worth of personal property is called the widow's special dower and vests in her absolutely immediately upon her husband's death, with¬ out formal election, and it may be selected out of notes, and bonds belong¬ ing to the estate. She must apply for it before the property is distributed or sold, and it must be deducted from her dower in the personal estate if there be any. If she do not receive such property, and it be sold by the administrator, the court will order the proceeds to be paid to her at any time before the same be paid out for debts or distributed. If the personal property is sold and distributed, however, she cannot take her special dower out of the proceeds of the sale of real estate.

If there be no widow, the children under sixteen years of age are enti¬ tled to the property and allowances that the widow would have been enti¬ tled to; and if the widow die, they shall be entitled to the same property and allowances as the mother was entitled to take at the death of her hus¬ band.

Demands against estates are divided into the following classes. 1. Funeral expenses. 2. Expenses of the last sickness, wages of servants, and demands for medicine and medical attendance during the last sickness of the deceased. 3. All debts, including taxes due the state or any county, or incorporated city or town, and it is the duty of the administrator to pay all such taxes, without allowance by the court. 4. Judgments rendered against the deceased in his lifetime, and upon attachments levied upon property of the deceased in his lifetime. 5. All demands, without regard to quality, legally exhibited against the estate within one year after the granting of the first letters. 6. All demands exhibited, after the end of one year and within two years. All demands not exhibited within two years, with certain exceptions, are barred. Demands must be paid in the order classed.

Every executor or administrator, at the first term of the court, after the expiration of one year from the date of his letters, and at the correspond¬ ing term, every year thereafter, until the administration is completed is required to make a settlement of his accounts with the court, and when the estate is fully administered, he must give four weeks notice, in some newspaper published in the county, to creditors and others interested, of his intention to make final settlement at the next term of court. Rev. Stat., Chap. 1.

If any stallion, unaltered mule or jackass, over two years of age, be found running at large, the owner shall be fined three dollars for the first offense and not exceeding ten dollars for every subsequent offense, to be recovered by civil action before a justice of the peace, in the name of any person who will prosecute for the same; one-half to his own use and the other half to the county. Any person may take up any such animal, and if not claimed within five days castrate him in a careful manner, for which he shall recover three dollars from the owner by civil action before a jus¬ tice of the peace; or, if such animal cannot be taken up, he may be killed, if notice be first put up at the court-house door and three other public places in the county, for ten days, describing the colors, marks and brands, and stating that he will be killed unless taken away and secured.

If bulls or rams over one year old or boar hogs over three months old^ be found running at large off the premises or enclosures or out of control of their owners or keepers, after three days' notice, signed by three free¬ holders (land-owners) of the township where such animal may be found running at large, he may be castrated in a careful manner,- and if the owner cannot be found he may be castrated without notice. Rev. Stat., Secs. 4067-4073.

Non-residents are not allowed to herd or graze horned cattle in this state between the first day of April and fifteenth day of October, except upon their own lands and the lands of those whose consent they may have in writing. Any person assisting or encouraging a violation of the above law shall forfeit not less than ten nor more than one hundred dol¬ lars, to be recovered by civil action, seventy-five per cent to go to the school fund and twenty-five to the informer, and attachments may issue as in other causes. Rev. Stat., Secs. 4350-4357.

Diseased or distempered cattle are required to be kept on the owners' premises, and the driving of cattle affected with Texas or Spanish fever or other infectious diseases into or through this state, or from one place to another therein, unless it be to remove them from one piece of ground to another of the same owner, and the transportation through this state, or from one part to another, of any Texas, Mexican, Cherokee or Indian cattle affected with Texas or Spanish fever or other contagious disease is prohibited.

And all persons are prohibited between the first day of May and the first day of November, from driving any Texan, Mexican, Cherokee, or Indian cattle, which have not been kept at least one winter as far north as the south¬ ern boundary line of the state of Kansas, whether diseased or not, into, or through any county in this state, unless such person give bond, to be approved by the county clerk, in the sum of not less than one thousand dollars to the county, into, or through which such person designs to drive such cattle. Rev. Stats., Secs. 4358-4369. Sess., Acts 1881, pp. 40, 41.

All persons capable of contracting, may, by instrument of writing, sub¬ mit to the decision of one or more arbitrators, any controversy between them, which might be the subject of an action, and may agree that a judg¬ ment of any court having jurisdiction, shall be rendered upon the award. The arbitrators must appoint a time and place for the hearing, and notify the parties, and they may adjourn the hearing from time to time, as may be necessary, and on the application of either party, and for good cause, may adjourn the hearing to a time not extending beyond the day fixed in the submission for rendering the award.

Assessment And Taxation

The provisions of our statutes in regard to assessment and taxation are so numerous that it is impossible, in the limited space allotted us, to give more than a very general view of the subject.

All persons and property are subject to taxation except: First, persons belonging to the army of the United States; second, lands and public buildings, mints, their furniture, belonging to the United States; third, property belonging to the state; fourth, property belongingto cities, coun¬ ties, and other municipal corporations; fifth, lands granted by the United States, or this state to any county, city or town, village or township, for the purpose of education ; sixth, lots in any incorporate city or town, or within one mile of the same, to the extent of one acre, and lots one mile or more distant from such city or town, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools or for purposes purely charitable.

Notes, cash and bonds received by merchants for goods, upon which a license tax has been paid, are exempt for the year for which the license tax was paid. Bonds, bills, notes, and other evidences of debt, made in consideration of sales of manufactured articles, are exempt for the year in which the sales were made.

It is the duty of the collector immediately after the receipt of the tax books, to give twenty days notice of the time and place at which he will meet the inhabitants of the different townships to collect their taxes. A penalty of one per cent per month is collected on all taxes collected after the first day of January following the date on which the taxes are due.

If taxes are not paid by the first day of October of the year in which they are due, the collector may, after demand for payment of the tax, seize and sell personal property for the payment of the same.

If taxes on lands are not paid by the first day of January, the collector may, by suit, enforce the lien of the state against the lands and sell the same for the payment of the taxes and costs of suit.

If any tract of land is not worth the amount of taxes, interest and costs thereon, the county court have the right to compromise with the owner for a less sum.

Attachment

IV. Where the defendant has absconded, or absented himself from his usual place of abode in this state, so that the ordinary process of law cannot be served upon him.

V. Where the defendant is about to remove his property or effects out of this state, with the intfent to defraud, hinder or delay his creditors.

VIII. Where the defendant has fraudulently concealed, removed or dis¬ posed of his property or effects, so as to hinder or delay his creditors.

X. Where the defendant is about fraudulently to conceal, remove or dispose of his property or effects, so as to hinder or delay his creditors.

XI. Where the cause of action accrued out of this state, and the defendant has absconded, or secretly removed his property or effects into this state.

XII. Where the damages for which the action is brought are for injur¬ ies arising from the commission of some felony or misdemeanor, or for the seduction of any female.

XIII. Where the debtor has failed to pay the price, or value, of any article or thing delivered, which, by contract, he was bound to pay upon the delivery.

Attachments may issue on demands not due, in any of the cases men¬ tioned above, except the first, second, third and fourth; but no judgment can be rendered until the maturity of the demand.

Bills And Notes

A bill of exchange is a written order or request, and a promissory note, a written promise by one person to another, for the payment of money, at a specified time, absolutely, and at all events.

The obligation for the payment of money, otherwise in the form of a negotiable note, containing a stipulation that in case they are not paid when due, the makers shall pay an attorney's fee for collection, so much in use in this state, are not promissory notes, and a transferrer of such instruments is treated as but an assignor, not an indorser, and he is not jointly liable with the maker.

All contracts which, by the common law, are joint only, are construed to be joint and several, that is, where two parties jointly agree to do a certain thing, either one is liable, singly, for a violation of the contract.

All instruments of writing made and signed by any person, or his agent, whereby he promises to pay to any other, or his order, or unto bearer, any sum of money or property therein mentioned, impart a consideration.

Parol evidence is inadmissible to contradict, add to, subtract from, or vary a written contract. So parol evidence is inadmissible to incorporate within a written instrument an oral agreement made contemporaneously therewith, but the above rules apply only where the writing purports to be the mutual agreement of the parties, and not where the writing purports to be a mere memorandum, and not a complete expression of the entire contract. In view of the above rules, we wish to add, at the request of the publishers of this book, that, in subscribing for books, the party sub¬ scribing should look well to the terms of his written subscription, as that alone governs his liability, and any statements made by the agent taking the subscription, at the time of taking it, amount to nothing, and are not binding upon the publishers, unless reduced to writing and incorporated in the terms of subscription.

We have in this state the supreme court, St. Louis court of appeals, cir¬ cuit courts, probate courts, county courts, and justices' courts under the general law, and in some counties common pleas and criminal courts under special statutes.

Conveyances of land or any interest therein must be by deed, and hus¬ band and wife may convey the real estate of the wife, and the wife may relinquish her dower in the real estate of her husband, by their joint deed.

All deeds must be subscribed and sealed by the party making the same, and must be acknowledged, if in this state, before some court having a seal, or some judge, justice or clerk thereof, notary public, or some justice of the peace of the county where the real estate is situated ; if out of this state and within the United States, by a notary public or by any court of the United States, or of any state or territory having a seal, or the clerk of any such court, or any commissioner appointed by the governor of this state, to take the acknowledgment of deeds ; if without the United States, by any court of any state, kingdom or empire having a seal, or the mayor or chief officer of any city or town having an official seal, or by any min¬ ister or consular officer of the United States, or notary public having a seal. We have not space to append any forms of deeds or other convey¬ ances, but we deem it unnecessary as blanks for warranty deeds and deeds of trust, with blank certificates of acknowledgments, may be obtained at the recorders' offices in the several counties, free of charge, and blanks for all other forms of conveyances may be obtained at the book stores at a small expense.

Descents And Distributions

Property, real and personal, subject to the payment of debts, and the widow's dower descends: First, to children or their descendants in equal parts; second, if there be no children or their descendants, then to the father, mother, brother and sisters, and their descendants in equal parts. Third, if there be none of the kindred above mentioned, then to the husband or wife; if there be no husband or wife, then to the grandfather, grand¬ mother, uncles, aunts, and their descendants in equal parts; if there be none of the kindred mentioned next above, then to the great-grandfathers, great-grandmothers, and their descendants in equal parts; and so on, in other cases, with end, passing to the nearest lineal ancestors and their children, and their descendants in equal parts. Posthumous children or descendants inherit as if born in the lifetime of the intestate, but the rule is not extended to collateral kindred. If there be no blood kindred nor hus¬ band or wife, the kindred of the husband or wife inherit. Where no part of the collateral kindred are of the half blood, they inherit only half as much as those of the whole blood.

When several lineal descendants, all of equal degree of consanguinity to the intestate, or his father, mother, brothers and sisters, or his grand¬ father, grandmother, uncles and aunts, or any ancestors living, and their children come into partition, they take per capita - that is, by persons

Dower

Every widow, upon the death of her husband, is entitled to be endowed of the third part of all the real estate owned by her husband at any time during the marriage, to which she shall not have relinquished her right of dower, in the manner prescribed by law, to hold and enjoy during her natural life ; and dower in leasehold estates, for a term of twenty years or more, shall be assigned as in real estate and for a less term than twenty years, as in personal property.

Fences And Inclosures

All fields and inclosures are required to be inclosed by hedge or with a fence sufficiently close, composed of posts and rails, palings, planks, wires or palisades, or rails laid up in a worm fence, or of turf with ditches on each side, or of stone or brick.

Hedges are required to be at least four feet high, and fences composed of posts and rails, palings, planks, wires, or palisades, four and a half. Those composed of turf, four feet high, with ditches on either side at least three feet wide at the top and three feet deep. Worm fences, five feet high to top of rider, or if not ridered, five feet to top of top rail or pole, and locked with strong rails, poles or stakes. Stone or brick, at least four and a half feet.

Homesteads And Exemptions

The homestead of every housekeeper or head of a family, together with the rents, issues, and products thereof, are exempt from all attach¬ ment execution except as hereinafter stated. Homesteads in the country cannot exceed one hundred and sixty acres of land, or exceed the total value of fifteen hundred dollars. In cities of forty thousand or more inhabitants, it cannot exceed eighteen square rods of ground, or the total value of three thousand dollars; and in cities, incorporated towns and vil¬ lages, having a less population than forty thousand, it cannot exceed five may file her claim to the homestead, acknowledged before some officer authorized to take the acknowledgment of deeds, and file it for record in the recorder's office, and thereafter, the husband will be debarred from selling or mortgaging the homestead.

JPersons other than the heads of families may hold as exempt: First, wearing apparel; second, the necessary tools and implements of trade of any mechanic whilst carrying on his trade.

When owned by the head of a family, the following is exempt: First, ten head each of choice hogs and sheep, the product of such sheep in wool, yarn, or cloth, two cows and calves, two plows, one axe and hoe, and one set of plow-gears, and all necessary farm implements for the use of one man; second, two work animals; third, the spinning wheels and cards, one loom and apparatus, necessary for manufacturing cloth in a pri¬ vate family; fourth, all the spun yarn, thread and cloth manufactured for family use; fifth, any quantity of hemp, flax and wool, not exceeding twenty-five pounds each; sixth, all wearing apparel of the family, four beds, with usual bedding, and such other household and kitchen furniture not exceeding the value of one hundred dollars, as may be necessary for the family; seventh, the necessary tools and implements of trade of any mechanic; eighth, any and all arms and military equipments, required by law to be kept; ninth, all such provisions as may be on hand for family use, not exceeding one hundred dollars in value; tenth, the bibles and other books used in a family, lettered gravestones, and one pew in a house of worship ; eleventh, all lawyers, physicians, ministers of the gospel and teachers, in the actual prosecution of their calling, have the privilege of selecting such books as shall be necessary to their profession, in the place of other property allowed, at their option ; and doctors of medicine, in lieu of other property exempt from execution, are allowed to select their medi¬ cines. Each head of a family may elect to take, in lieu of the property mentioned in the first and second sub-divisions above, any other property, real or personal, or debts and wages not exceeding in value three hundred dollars. It is the duty of the officers to apprise the debtor of his right to exemption, and to summon three disinterested householders of the neigh¬ borhood to appraise and set apart the property exempt. When the debtor has absconded or absented himself from his place of abode, his wife may claim his exemption, and may sue for the articles or their value in her own name, if they are withheld. No property is exempt from seizure and sale for taxes, and no property is exempt from wages of house servants or common laborers, to the amount of ninety dollars, provided the persons entitled to the same commence their suits within six months after the ren¬ dition of the last services.

Interest And Usury

The legal rate of interest is six per cent, per annum, when no other rate is agreed upon, for all moneys after they become due and payable, on writ¬ ten contracts, and on accounts after they become due and demand of pay¬ ment is made; for money received for the use of another, and retained after the owner's knowledge of the receipt, and for all other money due or

If, in any action on contract, it be found by the court or jury that more than ten per cent interest has been received or taken, the court will make an order that the whole of the interest be for the use of the common school fund of the county, and the defendant may recover his costs. By con¬ tract in writing, interest may be compounded annually.

Jurors, grand and petit, are required to be male citizens of the state, residents of the county, sober and intelligent, of good reputation, over twenty-one years of age, and otherwise qualified. No exceptions to a juror on account of his citizenship, non residence, state or age, or any other legal disability is allowed, after the jury is sworn.

The following persons are exempt from jury service: Members of voluntary fire companies duly organized, and ready for active service; persons employed in any paid fire department; persons exercising the functions of clergymen, practitioners of medicine, attorneys at law, clerks or other officers of any court, ferry-keepers, postmasters, overseers of roads, constables, millers, professors or other teachers in any school or institution of learning, judges of courts of record, or any person over the age of sixty-five years. Jurors may be attached and fined, not exceeding fifty dollars, for non-attendance.

Mechanics, material, men and laborers, have a lien upon the improve¬ ments and the land upon which they are situated to the extent of one acre, or the whole lot if in cities or towns, and the lien attaches to the improve¬ ments in preference to any prior lien.

Liens must be filed with the circuit clerk by original contractors within six months, by journeymen and day laborers within thirty days, and every other person within four months after the indebtedness has accrued. The lien has preference over all other liens attaching to the property subse¬ quent to the commencement of the improvements.

Persons keeping, boarding or training animals, have a lien on such ani¬ mal, and on any vehicle, harness or equipment coming into his possession therewith, and the person having the lien has the right to hold possession until it is paid, and the lien is valid against any purchasing or receiving with notice.

guests or boarders, for accommodations, boarding and lodging and extras furnished at their requests. Liens against animals and baggageof board¬ ers, are established by suit before a justice of the peace in the manner pointed out in Sec. 3197, Vol. 1, Rev. Stat., 1879.

Limitation Of Actions

Actions for the recovery of lands, or the possession thereof, must be commenced within ten years after the right of action accrues, except in case of military bounty lands, which must be commmenced within two years.

Civil actions other than for the recovery of real property can only be commenced within the following periods after the cause of action has accrued:

Within ten years: First an action upon any writing, whether sealed or unsealed, for the payment of money or property; second, actions brought on any amount of warranty contained in any deed of conveyance of land must be brought within ten years next after there shall have been a final decision against the title of the covenanter in such deed, and actions on any covenant of seizin in such deed, must be brought within ten years after the cause of action accrued; third, actions for any relief other than above mentioned.

Within five years: First, all actions upon contracts, obligations or liabili¬ ties, express or implied, except those mentioned as being limited to ten years, and except upon judgments or decrees of courts of record, and except where a different time is hereinafter limited; second, an action upon a liability created by a statute other than a penalty or forfeiture; third, an action for trespass on real estate; fourth, an action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the rights or person of another, not arising on contract, and not herein otherwise enumerated; fifth, an action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years of the facts constituting the fraud.

Within three years: First, an action against a sheriff, coroner or other officer, upon a liability incurred by the doing of an act in his official capac¬ ity, and in virtue of his office, or by the omission of an official duty, includ¬ ing the nonpayment of money collected upon execution or otherwise; sec¬ ond, an action upon a statute for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state.

In an action to recover a balance on a mutual account, the cause of action is deemed to have accrued from the time of the last item in the account on the adverse side.

Roads And Bridges

Public roads are required to be not less than thirty nor more than sixty feet wide, to be determined by the county court. Applications for new roads or change of roads are made by petition to the county court, signed by at least twelve house-holders of the township or townships through which the proposed road may run, three of whom shall be of the imme¬ diate neighborhood, specifying the proposed beginning, course and termination, with not less than two points named on the direction of the road, and such road must run on government surveys when practicable. Notice of the intended application must be given by printed or written hand-bills, put up in three or more public places in such township or townships at least twenty days before a regular term of the county court at which the petition is presented. When the petition is presented and publicly read, and upon proof of notice as above stated, the court may hear the remonstrance of any twelve or more householders residing in the township or townships through which the proposed road may run.

It is provided by statute, that no person shall post any animal as a stray, until he shall have given ten days' notice of his intention to do so, which notice shall be given within two days after such animal is taken up. And no person shall take up as a stray an unbroken animal, between the first day of April and' the first day of November, unless the same has broken through a lawful fence, and be found within any person's enclosure.

If any person sell, swap, or take out of the state any stray, before the legal title vests in him, under the provisions of the stray law, he is guilty of a misdemeanor and subject to a fine of not more than three hundred dollars or imprisonment in the county jail not to exceed one year.

Trespass And Damages

For malicious trespass upon real or personal property, the party tres¬ passing is liable in triple damages. Any person voluntarily throwing down, or open any doors, bars, gates or fences, and leaving the same open or down, other than those that lead into their own inclosures, or throwing down any partition fence without six months notice, if the adjoining fields are cultivated, forfeits five dollars and double damages. The penalties above mentioned may be recovered by civil action under the statute, or by indictment or information at the option of the party imperiled, and when the proceeding is by indictment or information, the penalty is paid into the county treasury.

Weights And Measures

The bushel consists of the following number of pounds: Wheat, beans, clover seed, Irish potatoes, peas and split peas, sixty pounds; rye, shelled corn and flax seed, fifty-six pounds; unshelled corn, seventy pounds; barley, forty-eight pounds; oats, thirty-two pounds; bran, twenty pounds ; onions, fifty-seven pounds; dried peaches, thirty-three pounds; dried apples, twenty-four pounds; 'buckwheat, fifty-two pounds; castor beans, forty-six pounds; hemp seed, forty-four pounds; blue grass seed, fourteen pounds; timothy seed, forty-five pounds; cotton seed, thirty-three pounds; salt, fifty pounds; mineral coal, eighty pounds; coke and charcoal, twenty-six hun¬ dred and eighty cubic inches to the bushel; sweet potatoes, fifty-six pounds; parsnips, forty-four pounds; common turnips, forty-two pounds; carrots and rutabagas, fifty pounds; corn meal and millet, fifty pounds; green peas and beans, unshelled, fifty six pounds; apples, peaches, pears, and Hungarian grass seed, forty-eight pounds; top onion sets, twenty-eight pounds; red top and orchard grass seed, fourteen pounds; sorghum seed, forty-two pounds; Osage orange seed, thirty-six pounds; apple barrels must be twenty.eight and one-half inches in length, with chines of threequarters of an inch at the ends, diameter of the heads seventeen and a quarter inches, and diameter of the center, inside, twenty and one-half inches.

Plank and sawed timbers must be sold by board measure. The par¬ ties may, by special contract, agree upon weights or measures different from those herein mentioned.

Every male person twenty-one years of age and upwards, of sound mind, may by last will, devise all his estate, real and personal and mixed, and all interest therein, and every such person over the age of eighteen years, may by last will, bequeath all his personal estate, saving in all cases the widow's dower.

Every will must be in writing, signed by the testator, or by some per¬ son by his direction, in his presence, and attested by two or more compe¬ tent witnesses, subscribing their names to the will in the presence of the testator. %

In testing the question of testamentary capacity, or soundness of mind of the testator, the law does not require any particular degree of under¬ standing, but the testator must have sufficient capacity to intelligently know what disposition he is making of his property.

As to the practice in probating wills, more accurate information can always be obtained by consulting the statute (Chap. 71, Rev. Stat., 1879),. than we could possibly give in the limited space allowed us here.