Price.] •^OO [Dec. 18, 



Moorfields U given in the opinion, and also that of Penn Square ; and 

 the Court had no difficulty in sustaining the validity of the act, as "the 

 Legislature is simply appropriating the square and the streets to the 

 purposes to which the square was originally dedicated." (63 St. R. 489.) 



But a few more cases illustrative of the judicial character of Judge 

 Read must suffice. One is a new application of an equitable principle, 

 made necessary by modern legislation, enacted with purpose to favor 

 women's rights. By statute a widow may reject her husband's will, and 

 may elect to take her intestate share in both real and personal estate. 

 Her doing this disturbs the plan of the will, and usually disappoints other 

 legatees. It is just, and so decided by our Supreme Court, that the ben- 

 efit intended by the will for the wife shall be sequestered to compensate 

 those legatees whom her election has disappointed. (65 St. R. 314.) 

 Again: ore under equal obligation to make contribution, as where one 

 co-surety has paid the whole debt, the other is held bound to refund a 

 rateable proportion ; but this rule does not hold between joint wrong- 

 doers where one has paid the whole damage, from a policy to discourage 

 such combination to do wrong. But this is confined to cases where the 

 plaintiff' is presumed to know that he was doing a wrongful act. There- 

 fore, where a traveller has recovered against one or two counties, bound 

 to maintain a county-line bridge, owing to the bridge breaking down, the 

 county paying the whole damage may recover contribution of the other. 

 (66 St. R., 218.) 



A testator must be of sound mind to make a valid will ; but if the 

 unsoundness does not affect the general faculties, and does not reach his 

 capacity of testamentary disposition, he may make a valid will. Physicians 

 and unprofessional witnesses may state their opinion of the sanity or in- 

 sanity of the testator, with the difference that the former are heard as 

 experts. (68 St. R., 342.) 



You may perceive from these decisions that a philosophy of practical 

 wisdom pervades the law ; and those who know it best are the most ready 

 to assent to the boast of Lord Coke, its greatest ancient authority, when 

 he speaks of "The law, which is the perfection of reason." In it are 

 found the wisdom of all practical life and morals, the rules of conduct, of 

 individuals, society, and governments, and, consequently, it contains the 

 larger and most useful share of the philosophy of the human mind. You 

 have not, therefore, been led into foreign fields, but into those where we 

 should find our more familiar range. The law it is that must preserve the 

 peace and well-being of our race. Its philosophy and progress are worthy 

 the study of the highest intellects. As perfect as Lord Coke thought it, 

 the law has ever since his day been improving towards a higher perfec- 

 tion ; and generally the progress has been made in manner to preserve 

 intact the obligation of contracts and the vested i ights of property. 



When Chief Justice Thompson's term of office expired in December, 

 1872, Judge Read as senior judge became Chief Justice. This highest 

 udicial office of our State Chief Justice Read held for one year, when his 



