13. Mary Jones died June 1, 1921, leaving a husband, Peter Jones, by whom she had never had children, and three children by a prior marriage. She left a will devising her real estate to her children, but made no disposition of her personal estate. To whom did her real and personal estate go on her death?
14. B, a creditor of the insolvent firm of J. & S., agreed to sell and assign his claim to D for the sum of $2,000. B thereafter refused to make the assignment. D thereupon filed a bill in Chancery against B for specific performance. Could he maintain his action?
15. A was in possession of a house and lot. B, his neighbor, insisted that A's house was over his line by a foot. How could A test his title, B refusing to bring an action?
16. Brown, as executor of Smith, filed his final account in the Orphans' Court of Salem County, and gave notice of settlement. Grey, one of the residuary legatees, desired to have the accounting in Chancery. Was this possible? If so, how should he proceed and what must he show?
17. In the trial of an action for libel wherein plaintiff claimed compensatory damages only, defendant offered in mitigation of damages evidence that the publication was made in good faith and with honest belief in its truth. The Court excluded the offer, and this ruling was attacked on appeal. Was it correct?
18. Plaintiff, aged nine, who was struck and injured by an automobile while crossing a street, brought suit. The defense was contributory negligence. The Court charged that a child of that age could be charged with contributory negligence, but that in considering that question it was for the jury to consider whether the plaintiff had exercised the caution which would reasonably be expected from one of his years. Was this charge correct?
19. A, an owner of a dwelling house, brought an action against B, who had a tannery in the next block, alleging and showing on trial that noxious fumes from B's tannery had made plaintiff's house untenantable. B moved to nonsuit on the ground that these fumes injured a large number of houses, were a public nuisance and the only remedy was by indictment. The court refused to nonsuit. Was this ruling correct?
20. In what case and under what circumstances can a writ of error issue directly from the Court of Errors and Appeals to the Court of Oyer and Terminer?