1010. 
THE RURAL, NEW-YORKER 
215 
LEGAL MATTERS 
Rights of Wife and Child in Real Estate. 
A man having a wife and children pro¬ 
poses to sell his farm ; should his wife join 
in executing the deed? In case of the death 
of either parents will the children receive 
an interest? F- B- 
New Jersey. 
The wife should join in the deed in order 
to convey her dower interest, otherwise the 
title would be defective. The law protects 
the dower rights of a wife, which attach 
to the property unless conveyed by the free 
act of the wife. In case of the death of a 
parent each child receives as heir an estate 
in the real property owned by the late 
parent who died without a will. 
Purchaser Fails to Complete Contract. 
I sold a farm to B. who took possession 
hut paid no part of the purchase price. B 
sowed a crop of wheat and then abandoned 
(he farm. What can I do? 
Ohio. M. R. 
A contract for the sale of land is not 
binding unless it is in writing. If you have 
a written contract for the sale of the farm 
and B does not pay according to the terms 
you may recover from him the difference 
between the selling price and the market 
value. If you do not care to proceed against 
him you may take possession and harvest 
the wheat. 
Breaking Roads in Winter. 
Our roads are worked by the town labor 
system, and many of them are closed this 
Winter by snowdrifts. Who should keep 
them open? L. E. 
New York. 
The town superintendent, where roads are 
worked by the town system, shall divide 
the town into districts for the removal of 
snow, filing same November 15, of each year, 
and shall assess one day’s labor for each 
adult. He may further tax corporations 
and residents according to their assessment; 
these are taxed in labor or money. The 
superintendent has extensive power to col¬ 
lect lands and summons labor to keep the 
roads passable, and if he neglects to take 
reasonable means to open the roads he may 
be removed. Highway Law 1909, Sects. 
78-81. 
A Greedy Telephone Company, 
An unincorporated telephone concern 
agreed to give me service at $G per year if 
I would build a short line connecting my 
place with their wires . I did this; now 
they have advanced the rate and have 
strung other wires on my poles. What are 
my remedies? p. D. 
Pennsylvania. 
You are dealing with an unknown associa¬ 
tion of a cooperative nature. If there was 
no understanding that the concern could 
use your poles for their wires you may 
recover of them' for any damage. We doubt 
if you can cut down th.e wires, as the law 
gives extensive protection to telegraph and 
telephone lines. You should write them 
calling attention to the contract for service 
at .?(!, and demand that they remove their 
wires or make allowance for their use. 
Property of Deceased Heirs. 
Twenty years ago a wife devised property 
to her husband to be used to maintain his 
position. At his death both the real and 
personal property shall descend to C. D and 
E, relatives of the wife. C and D died 
before the husband, leaving other relatives 
of the wife of equal degree of relationship. 
How does the property go? 
New York. o. l. 
The facts stated are brief. An inspection 
of the will no doubt will show that the 
husband has a life interest, and that the 
remainder shall go to C, D, and E and 
their heirs. Since C and D are dead the 
heirs of each will receive the share falling 
to C and D respectively. All instruments 
provide for the heirs, assigns and adminis¬ 
trators of the party receiving the property. 
A person may draw a will to suit himself, 
but custom, practice and the law favor the 
protection of the heirs of a beneficiary in 
case the beneficiary dies before the grantor 
or testators. 
Contract for Right of Way. 
A lumber company entered into a contract 
with me whereby I agreed to allow them to 
cut a roadway through my woods on the 
conditions that they would pile up the 
hard wood and pay for the soft wood. 
They fail to keep their contract. What 
should I do? e. c. 
New Hampshire. 
It is a verbal contract, and it is likely 
that the company will dispute your con¬ 
tentions. You should write them a formal 
letter reciting the facts and demand that 
they keep their agreement, otherwise you 
will close the road and sue them for the 
damage done you. Keep a copy of your 
letter. It is better to reduce such con¬ 
tracts to writing, as many concerns regard 
the farmer as defenseless and take base 
advantage of him. If necessary write several 
letters, keeping copies. This may bring 
them to terms, and also put you in a better 
position to protect your rights in case of a 
suit. 
^Cropping Ahead of Wheat. 
.4. IF. TI., Summit, N. J .—I have on my 
farm a 10-acre field, which can seldom be 
worked before the first week in April. It was 
in corn last year, and grass for four years 
previous; has been well fertilized and was 
plowed late last Fall. This Spring I intend 
putting in oats and cow peas, the seed for 
which I have, and cut for hay. After this 
would I have time to plow or disk and put 
in a second crop of peas for turning under 
before seeding down with Winter wheat? I 
also have a 10-acre field of Winter rye, 
which I intended plowing under and plant¬ 
ing with corn this Spring, but I am told 
corn does not do well on freshly turned 
under rye. Is this so? 
Ans.—Y ou will probably cul the oats 
and peas for hay the latter part of June. 
You would gain nothing by sowing 
Canada peas at that time. This pea is 
a cold weather crop and does not do 
well in Summer. It would only make m 
a puny growth and then die. The 
Southern cow pea does well in hot 
weather, and if you can chop up the 
oat and pea stubble with a disk and 
broadcast five pecks of cow peas per 
acre you will, with a fair season, get 
a profitable growth to plow under for 
the wheat. We have not had good re¬ 
sults with corn when green rye is 
plowed under except when the rye is 
cut and wilted before plowing. One 
trouble is that rye sucks the water out 
of the soil and is then plowed under 
without rolling. The ground dries out 
and the corn never makes a good start. 
Butter from Wind. — I have been reading 
your interesting articles on the butter 
merger machine, as we got “roped in” on 
same. It makes the butter, or what. looks 
like butter, but you want to keep it in a 
very cold place or you will soon have a 
bowl full of milk, as it turns when placed 
where there is heat. For all this, let us 
“give the devil his due,” as it makes an 
excellent whipped cream beater. r. b. 
Midland Park, N. J. 
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