787 
XShe  RURAL  NEW-YORKER 
Disposition  of  Property 
A  owns  a  piece  of  property  in  his  name 
in  New  York  State.  He  has  a  wife  but 
no  children.  In  case  of  A’s  death  to 
whom  would  the  property  he  left,  with¬ 
out  a  will?  A.  it. 
NeW  York. 
That  depends  on  what  other  relatives 
he  has.  The  wife  in  any  event  has  her 
dower  of  a  one-third  interest  for  life  in 
his  real  property.  The  balance  goes  first 
to  his  father,  then  to  mother,  then  to  A’s 
brothers  and  sisters  and  so  forth.  If  he 
wants  his  property  to  go  to  his  wife  he 
should  make  a  will  to  that  effect. 
Division  of  Estate 
My  father  died,  leaving  a  large  estate. 
He  has  10  children.  To  eight  of  them 
he  left  .$25  each,  the  balance  to  the  other 
two.  Seven  have  signed  off  and  accepted 
the  $25.  Can  the  property  he  sold  just 
as  if  they  all  signed  off,  and  can  that  one 
lose  her  $25  after  a  certain  length  of 
time?  The  lawyer  put  her  $25  in  the 
bank  and  sent  her  the  paper  to  sign,  but 
she  has  not  returned  it  yet.  mhs.  r.  s. 
New  York. 
If  the  father  left  a  will  and  it  1ms  been 
probated  and  provision  1ms  been  made 
for  the  payment  of  the  bequests  the  prop¬ 
erty  can  he  sold  just  as  if  they  all  signed 
off.  Unless  the  eighth  objected  to  the 
probate  of  the  will,  it  will  be  well  for 
her  to  accept  the  bequest  of  $25.  as  there 
is  nothing  else  for  her  to  do. 
Pollution  of  Well ;  Underground  Water- 
Course 
hear  objections  and  decide  the  matter. 
rl  lien  in  Util  the  provisions  for  central 
rural  schools  was  passed,  authorizing  the 
Commissioner  of  Education  to  lay  out 
school  districts  conveniently  located  for 
the  attendance  of  scholars  and  of  suitable 
size  for  the  establishment  of  central 
school  to  give  instructions  usually  given 
in  the  common  schools  and  in  high 
schools,  including  instruction  in  agricul¬ 
ture.  But  i,t  then  provides  Ihut  when  15 
residents  desire  a  meeting  to  determine 
this  matter,  they  may  request  the  town 
clerk  to  call  a  meeting.  .So  in  both  cases 
the  law  provides  for  the  consents  of  the 
people  of, the  districts.  But  in  the  first 
instance,  it  seems  clear,  arid  in  the  latter 
case,  a  bit  doubtful,  tli  it  this  may  be 
overruled  on  appeal  by  the  Commissiouer 
of  Education  who  has  the  final  authority. 
But  he  must  base  his  decision  on  the 
rights  and  equities  of  the  matter  and  all 
reasons  such  as  you  give  against  eou- 
1.  My  next  door  neighbor  and  I  have 
always  used  a  partnership  well.  He  now 
intends  to  put  water  in  his  house  by 
means  of  a  driven  well,  and  place  a  cess¬ 
pool  not  more  than  10  feet  away  from  the 
former  well.  This  would  destroy  the 
water  in  the  well,  which  I  still  have  to 
use.  lias  lie  such  a  right  or  can  I  pre¬ 
vent  him  from  placing  the  cesspool  there? 
2.  If  by  driving  this  second  well  lie 
should  change  the  course  of  the  water 
and  leave  my  well  dry,  have  I  any  re¬ 
dress?  He  is  preparing  now  to  begin 
work.  '  MRS.  o.  T.  TT, 
New  Jersey, 
1.  The  courts  of  your  State  ha.ve  held 
that  if  ii  land  owner  accumulates  con¬ 
taminating  matter  upon  his  own  land 
and  negligently  permits  it  to  percolate 
through  the  soil  and  pollute  a  neighbor's 
well,  he  is  liable  for  the  injury.  If  you 
can  show  that  this  will  pollute  your  well 
you  may  bo  able  to  enjoin  him  from  put¬ 
ting  in  his  cesspool  as  being  a  nuisance. 
2.  You  have  no  redress.  The  general 
rule  is  that  percolating  water  is  subject 
to  the  absolute  disposition  of  the  owner 
of  the  realty  where  it.  is  found,  and  either 
owner  may  dispose  of  it  as  he  will,  and 
this  is  the  law  in  your  State. 
Distribution  ef  Estate 
My  wife’s  father  died  without  a  will, 
leaving  personal  and  real  estate.  Her 
grandmother  was  living  at  the  time  and 
she  held  oue-tliird  of  the  farm  during  her 
lifetime.  She  has  passed  away.  The 
mother  and  four  children  are  the  heirs. 
One  is  not  of  age.  Wlmt  share  does  each 
get  and  how  and  when  do  they  get  the 
share  in  farm?  it.  w.  n. 
The  widow  is  entitled  to  her  dower  of 
a  life  interest  in  one-third  of  the  real 
property.  The  balance  is  divided  equally 
among  the  children.  After  the  payment 
of  debts  the  personal  property  is  dis¬ 
tributed  one-third  to  the  widow  and  the 
residue  in  equal  proportions  to  the  chil¬ 
dren.  An  administrator  of  the  estate 
should  be  appointed  and  a  guardian 
should  also  be  appointed  for  the  infant 
by  the  surrogate.  The  estate  may  be  dis¬ 
tributed  after  a  year  from  the  appoint¬ 
ment  of  the  administrator.  If  the  infant 
is  nearly  21  it  may  he  well  to  let  the 
widow  run  the  property  until  that  time 
and  then  the  estate  settled  by  general 
releases  between  the  parties  without  the 
necessity  and  cost,  of  administration. 
Consolidation  of  School  Districts 
Is  there  a  law  in  New  York  whereby 
rural  district  schools  (iive  in  number) 
can  be  consolidated  against  the  knowl¬ 
edge  and  consent  of  the  majority  of  the 
taxpayers  of  the  various  districts?  These 
schools  are  widely  separated,  and  if  con¬ 
solidated  some  children  would  have  to  go 
three  miles  and  over  to  the  school  house. 
The  people  claim  that  during  the  cold 
\\  inter  months  it  would  be  impossible 
some  days  to  get  the  children  to  school 
through  the  terrible  snowdrifts  in  this 
section  j.  • 
New  York. 
We  hardly  believe  this  Consolidation 
will  he  forced  against  the  wishes  of  a 
majority  of  the  voters  of  all  five  dis¬ 
tricts.  In  1912  the  law  was  amended 
to  provide  that  the  district  superiuten- 
aunt  mny  oJTguuizo  a  new  school  district 
out:  of  the  territory  of  one  or  more  school 
districts  which  are  wholly  within  his 
supervisory  district,  whenever  the  educa¬ 
tional  interests  of  the  community  require 
it.  But  if  any  of  the  trustees  object, 
they  may  call  in  the  supervisor  and  town 
clerk  to  sit  with  the  superintendent  to 
Laying  Down  the  Law 
solidation  will  be  carefully  considered. 
It.  would  be  well  to  send  to  the  Depart¬ 
ment  of  Education  for  a  copy  iff  tin* 
school  law  and  study  it  carefully.  This 
department  really  wishes  to  serve  the 
community  in  the  best  and  broadest  way 
possible. 
The  question  of  consolidation  of  rural 
districts  lias  been  much  before  the  pub¬ 
lic  in  the  last  few  years  and  is  one  of  the 
live  topics  in  all  discussions  on  rural 
betterment.  There  seem  to  be  reasons 
for  and  against,  it.  It  affords  a  chance 
for  better  teachers  and  a  better  school; 
allows  a  child  to  remain  in  its  farm 
home  while  getting  a  high  school  edu¬ 
cation  ;  provides  a  good  meeting  place 
for  a  larger  community.  It  makes  for 
cooperation  in  other  lines  easier  as  more 
people  learn  to  meet  and  work  together. 
Duties  of  Life  Tenant 
A’S  wife  dies,  leaving  a  farm  and  per¬ 
sonal  property.  She  wills  A  the  use  of 
the  farm  as  long  as  he  chooses  to  live  on  I 
the  place.  A  refuses  or  neglects  to  pay 
the  insurance  originally  on  the  buildings 
The  children,  all  of  whom  are  of  age,  in-  ! 
sist  that  A’s  right  to  the  use  of  the  place 
carries  with  it  the  obligation  to  pav  the 
insurance  as  well  as  the  taxes.  A  has 
also  neglected  to  keep  the  buildings  in  re-  I 
pair.  Does  failure  to  keep  up  the  insur¬ 
ance  originally  on  the  place,  forfeit  A’s  ! 
right  to  the  use  of  the  farm?  The  will  i 
does  not  specify  who  shall  pay  the  taxes 
or  insurance.  A  pays  no  rental.  If  A 
is  required  to  pay  the  insurance,  what 
action  can  the  children  take  to  make  him 
pa.v  it?  Must  he  keep  the  buildings  in 
repair?  ,  A.  H. 
Pennsylvania. 
Because  he  is  holding  and  owning  tem¬ 
porarily  the  property  the  infinite  fee  own¬ 
ership  of  which  is  in  another,  a  life  ten¬ 
ant  must  so  deal  with  it  as  not  to  injure 
the  interest  of  that  other.  And  the  four 
important  duties  may  be  stated  generally 
as:  to  protect,  and  not  to  deny  or  impair 
the  succeeding  owner’s  title;  to  keep 
down  incumbrances ;  to  make  substantial 
repairs,  and  to  abstain  from  committing 
waste.  If  the  buildings  were  insured 
when  they  came  to  A,  he  should  keep  it 
up  and  pay  the  premiums.  Failure  to  do 
this,  however,  does  not  forfeit  his  rights. 
Where  the  tenant  for  life  in  your  State 
has  failed  to  apply  the  income  to  pay 
taxes,  charges,  repairs  and  the  like  the 
reversioners  may  apply  by  petition  under 
oath  to  the  Court  of  Common  Pleas  to 
have  a  sequestrator  of  the  rents,  issues 
and  profits  of  said  real  estate.  If  A  fails 
to  do  his  duty,  you  should  consult  good 
local  counsel  to  prepare  and  present  such 
it  petition. 
Rights  of  Heirs 
My  wife’s  father  died  without  a  will, 
leaving  personal  and  real  estate.  Her 
grand  mol  her  was  living  at  the  time  and 
she  held  one-third  of  the  farm  during  her 
lifetime.  She  has  passed  away.  The 
mother  and  four  children  are  the  heirs. 
One  is  not  of  age.  Wlmt  share  dues  each 
get,  and  how  and  when  do  they  get  the 
share  in  farm?  rV  w  n 
New  York.  '  ' 
I  he  widow  is  entitled  to  her  dower  of 
a  life  interest  in  one-third  of  the  real 
property.  The  balance  is  divided  equally 
among  the  children.  After  the  payment 
ot  debts  the  personal  property  is  dis¬ 
tributed  one-third  to  the  widow  and  the 
residue  in  equal  proportions  to  the  chil¬ 
dren.  An  administrator  of  the  estate 
should  be  appointed,  anil  a  guardian 
should  also  he  appointed  for  tin*  infant  by 
tin*  surrogate.  The  estate  may  lie  dis¬ 
tributed  after  a  year  from  the  appoint¬ 
ment  of  the  administrator.  If  the  infant 
is  nearly  21  it  may  he  well  to  let  the 
widow  run  the  property  until  that  time, 
and  then  the  estate  settled  by  general 
releases  between  the  parties  without  the 
necessity  and  cost  of  administration. 
— 
The  Get-rich-quick  Schemer 
^  "U  never  had  an  opportunity  like  lids, 
and  you  imp  never  have  another,  and  so 
do  not  he  a  pessimist  or  allow  pessimists 
to  influence  you  against  what  is  for  your 
best  good,  hut  buy  one  interest  in  the 
company  and  you  will  make  $5  from 
every  $1  you  invest.  This  I  guarantee, 
and  for  your  sake  I  hope  you  will  act 
wisely  and  buy  an  interest,  for  it  means 
a  great  deal  to  you. 
That  is  part  of  a  letter  which  a  Boston 
lawyer  wrote  one  of  our  women  readers 
recently.  He  was  trying  to  sell  her  1 
shares  in  a  new  and  untried  mining  com¬ 
pany.  There  is  little  or  nothing  in  the 
prospects  of  this  venture  to  justify  any 
great  business  success,  but  this  man  takes 
a  chance,  paints  it  red,  while  and  blue  j 
with  words,  and  goes  out  after  suckers. 
He  may  get  some  one  to  take  money  from 
honest  old-fashioned  investments  and 
blow  it  away  on  mining  stock,  hut  the 
woman  who  received  this  letter  is  not 
caught  in  that  way.  You  see.  those  of  j 
us  who  are  not  burying  our  money  in  1 
mining  gambles,  are  "pessimists,"  \Ve 
are  when  some  interested  party  comes 
along  and  promises  to  make  $5  for  every  | 
dollar  we  can  put  in.  \Ye  know  human 
nature  well  enough  to  realize  that  if  it 
were  possible  to  make  this  5(10  per  emit, 
profit  this  man  would  keep  tin*  chance  j 
in  his  own  family  as  closely  at  home  as 
a  new  baby.  Whenever  a  mining  stock 
peddler  comes  with  a  500  per  cent,  profit 
offer  it  is  time  to  shut  and  lock  the  door. 
A  company  iff  soldiers  dressed  in 
khaki,  with  the  bandage-like  puttees  about 
their  legs,  were  waiting  for  their  train 
at  a  station  in  Wiltshire.  Among  the 
spectators  were  an  old  countryman  and  j 
his  wife.  "I  say.  (large,”  tire  old  lady 
uhispered.  “there's  somethin’  I  can’t  un¬ 
derstand  about  they  solgers."  "What  he 
it,  lass?"  “I  can’t  think  how  they  get 
their  laigs  into  they  twisted  trousers.” — 
Youth's  ( 'ompanion. 
PURE,  FULL  STRENGTH 
COFFEE 
Hot  Off  the  Roaster 
From  Wholesaler  Direct 
6  POUNDS  00 
Delivered  Free  I  — 
within  300  miles  JL 
(10c.  extra  if  sent  C.  Q.  D.) 
Your  dollar  back  if  you  prefer 
money  to  the  goods. 
51  Barclay  St.,  New  York 
COPPPIT  FROM  IMPORTER 
V  I  r  CL  C.  TO  CONSUMER 
Klvr  i  ion  ml-  iif  ilif  lifst  iv'llVe  yon  ever  drank  sent  on 
aim  'I'lO*  I""l  ime.'inhtioi  :<l  FREE  TRIAL  l»v  pm-cei  post 
l*ri*|Mi(il.  WHOLESALE  price  it  yin i  like  it— nothing  to 
liny  it'  yell  dOU’t,  Write  lor  particulars. 
Colombian  Coffee  Importing  Co. 
Dept.  R.  97-99  Water  Street  New  York  City 
i  loon  uiuncii  uiqlagio 
. "“'0  $1  el)  Unx.  fash  with 
NEW  ENGLAND  BISCUIT  CO.,  Worcester.  Mass. 
A  Rainy  Day 
TOWERS  FISH  BRAND 
Reflex  slicker  *5 
A.  J.  Tower  Co.  'tow E£$! 
Boston 
Hi®® 
You  Can’t  Find  their 
Equal  at  this  Price! 
Good,  sturdy  hosiery  for  every 
member  of  the  family  at  10,  15 
and  25  cents.  Our  location  and 
manufacturing  economies  enable  us 
to  sell  Durham  Hosiery  for  a  price 
that  makes  home  sock  knitting 
expensive. 
DURABLE 
DURHAM  HOSIERY 
FOR  MEN*  WOMEN  AND  CHILDREN 
is  knit  strongest  where  the  greatest 
wear  comes.  Heels,  soles  and  toes 
are  reinforced,  and  tops  can’t  pull 
from  the  bottoms.  Famous  Durham 
dyes  give  permanent  colors. 
Durable.Durham  Hosiery  must  give 
every  member  of  the  family  fault¬ 
less  service,  because  they’re  backed 
with  an  unlimited  guarantee  of  per¬ 
fect  satisfaction. 
Ask  your  storekeeper  for 
Durable  Durham  Hosiery, 
ard  to  shozv  you  the  25c 
Durham  mercerized  hose. 
DURHAM, 
N.  C. 
*0sie*h 
