12. John Smith made a will, wherein he gave his son, Thomas, a legacy of
$5,000, adding that the legacy should be void if Thomas married any one
of the daughters of Robert Jones. Thomas having married one of Jones'
daughters, demanded the legacy, claiming that the condition was void.
Was his claim good?
13. (a) How soon after the death of a testator may his will be admitted
to probate? (b) How soon after the death of an intestate may
administration of his estate be granted?
14. What is the difference between the relief granted in equity in cases
of mutual mistake and of the mistake of one party?
15. A made a conveyance of real estate to B for the purpose of
defrauding his creditors. A having died intestate, his heirs brought
suit in Chancery to compel B to convey the property to them. What should
the Court do?
16. B made a will leaving all his property to D, whom his (B's) mistress
had fraudulently represented to him to be his child. C, the heir at law
of B, filed a bill in Chancery to set aside the will on the ground of
fraud. D moves to strike out. What should the Court do?
17. B sued A for slander. A pleaded that he was intoxicated at the time
he uttered the slander. B moved to strike out this defence. What should
the Court do?
18. A sued the City of N for damages. He showed that he had been run
over by an ash-cart owned and operated by the City by reason of the
driver's negligence and that the driver was drunk at the time and was
drunk to the knowledge of the City's foreman when the latter sent him
out with the cart. The City moved to nonsuit. Should the motion be
granted?
19. A sued B for damages by reason of injuries caused by the joint
negligence of B and C. He recovered a judgment which B paid. B then sued
C for contribution. Could he recover?
20. A was indicted for murder of B. On the trial it was shown that A
killed B while B was trying to rob him on the highway. The prosecutor
contended that A could not be acquitted unless it appeared that he could
not have rendered the attempt to rob abortive by any means less radical.
The Court overruled this contention. Was the ruling correct?
21. A husband decided to move from New Jersey to New York. His wife
refused to go with him and filed a bill for maintenance. Could she
succeed?
22. How many incorporators must there be to incorporate a company in New
Jersey? What facts should appear in the certificate and how should it be
executed?
23. A witness at a trial desired to use his own memorandum to refresh
his memory. Could he do so?
24. A promissory note on its face was made payable in money. Parol
evidence was offered to prove it was payable in stock and that interest
on the note was equivalent to the amount of dividends on such stock.
Should this evidence be admitted?
25. A landlord and tenant were joined, as defendants, in an action for
trespass arising out of the same act. An objection was made for
misjoinder. Is the objection good?
26. In a civil action against a husband and wife for damages resulting
from an atrocious assault committed by the wife with the encouragement
of the husband, an order was made to hold both to bail. Was this legal?
27. A sued the State of New Jersey on a book account. Could he maintain
his action?
28. At the hearing of a suit in Chancery, defendant set up the statute
of limitations, but this defense did not appear in the answer. Could the
defendant avail himself of it?
29. A bill in equity failed to state any equitable cause of action. What
would you advise your client to do?
30. A and B came into the office of C, an attorney, to have him draw a
deed from A conveying property to B. Before the deed was drawn, C
discovered that the title to the property was defective. Should he
divulge this fact to B, who has had nothing to do with his employment?