Vol. 5 DECEMBER, 1926 No. 11

CONTENTS The American Title Association ______Page 2 Editor's Page______" 3 Announcements 1927 DirectorY------·------·----·------·--·--·-·------··----·- " 4 Committee to study title insurance rates______" 5 Proposal for Board of Title Insurance Under- writers ______'. ______------" 8 Adverse Ruling Re-Federal Estate Tax Notices______" 4 "Abstracts" By L. E. Holladay, Dresden, Tenn. ______---- " 6 "Curative and Enabling Statutes in Missouri" By V . .E. Phillips, Kansas City, Mo.______" 10 Reports of State Meetings. Colorado ------···------­ " 12 Arkansas ------·------·---- " 13 Indiana ______. _____ ...... ______.... ------· ...... " 13 Nebraska ______..... _____ -- ·.... ______... _____ ----- __ ------" 14 Kansas ------" 14 " 15 ~~~~~~~f __ ::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:-:::: " 16 Law Questions and the Courts Answers The Monthly Review ...... ------··------" 17 Abstracts of Land Titles-Their Use and Prepara- tion. Another installment of this series______" 18 The Miscellaneous Index Items of interest______" 20 Meritorious Title Advertisements Two more interesting examples______" 21 Directory of State and National Association ______Pages 23-24

A PUBLICATION ISSUED MONTHLY BY 'Jhe Umertca:n 'Jitle Ussociation, 2 TITLE NEWS

The EIJI!ericanlitle association ...

is the national organization of abstracters, title insurance companies and attorneys interested in the examination of real estate titles. Founded in 1907, the twentieth year of its existence shows it to have an active member­ ship numbering nearly three thousand. This membership comes from three classificatjons, the majority of whom are members of state title associations. These state organizations are firmly established and actively func­ tioning in twenty-nine states. All members of each of these state associations are auto­ matically members of the national by payment of a per capita dues. The other two classifica­ tions are the Individual Members, and the mem hers of the Title Examiners Section. Individ­ uals or companies engaged in the abstract or title insurance business in states where there are no local organizations are admitted to direct membership in the national. Attorneys in any state, registered and admitted to practice, are admitted to direct membership under the Title Examiners Division. The American Title Association is an efficiently organized, successful and worthy institu­ tion whose general work is directed by a central F.xecutive Committee and Staff, with divi­ sions known as the Abstracters Section, Title Insurance Section and Title Examiners Section, who sponsor and conduct the particular interests and work of their respective branch of the title' business. It is a strictly non-profit, non-commercial institution whose purposes of existence are to promote the acquaintance, mutual advantages and general welfare of the members by con­ ducting its various activities; doing research work and disseminating information; by acting as a central bureau in placing the resources and talent of the title fraternity at the helpful dis­ posal of all in it; by fostering, establishing and presenting ideas, standards and worthy en­ deavors for title work in order that it may become an ever increasingly profitable business to those engaged therein; by advancing the business to the highest standards that it may more efficiently serve its patrons; to foster logical and remedial measures to advance the common interest of its members, and discourage and combat adverse movements and actions as a protection to them and their business: these to be in harmony with the respective in­ terests existing between them and the general public. It maintains an executive office and staff to properly conduct its program of activities, to respond and serve in fulfilling the demands and need of the title business for a national com­ mercial organization in properly and adequately representing it. The resources and avail­ able facilities enable it to furnish information on all subjects of the business, generally assist abstracters, tit1e insurance companies and examiners in their problems, whether they be legal, matters of policy, conduct or progress.

Every abstracter, title insurance company and attorney interested in real property law or the examina­ tion of titles should belong to and be ;., part of this institution working to raise the standa~·ds and methods of the b u siness evidencing titles to real property and there by making our land title system most efficient. I!~ ~ TITLE NEWS A publication issued monthly by The American Title Association P..Wialuld montAltl al Mount MorlU, IUinoia; Editorial ot/IC4. Kamaa Cit11, Mo. EnteNdaaa«ondclaaa matW, Dec.mber 16, 1911, at U.. pa.I offiu at Ml1U#IJ Morna, IUinoia, und.r U.. act of March.$, 1819.

Vol. 5 DECEMBER, 1926 No. 11

Editor's Page The November "TITLE NEWS" was given a most enthusiastic reception. It is 266 pages of interesting and valuable matter and such a writ­ ten report of the Atlantic City Convention is concrete evidence of the character of the Association's Twentieth Annual Meeting. Ye Edi­ tor wishes to give due credit to his worthy collaborators and asso­ ciates, Kable Brothers, the publishers, of Mount Morris, Illinois. They took an especial interest in this particular job and produced a book commendable for its appearance and typographical makeup. Having valuable data, information and authoritative articles available for distribution is one of the valuable services an organization can render to its members. Reprints will be made from time to time of meritori­ ous treatises on pertinent subjects. Three of these have been produced within the past two months and copies can be secured by writing the Executive Secretary. An announcement of them is made elsewhere in this issue. It is going to be mighty fine to have a meeting of the Association and gathering of the "gang" in its home-town. No longer will it be a "stranger within the gates" because the establishing of its executive offices in Kansas City gives it a permanent home. Those who visit and attend the coming Annual Mid-Winter Meeting will be surprised when they see the workshop. Members have received announcements of the Directory soon to be pub­ lished. This edition can be anticipated because everyone working on it is trying to make it better than any other one. It would be mighty fine if it could be one hundred per cent personal by showing the names of some individuals with every firm and company. That feature, however, is up to you. Those postal cards asking for information must be filled out and returned. To date less than half have been received. Do not overlook the distribution features and the oppor­ tunity it affords of placing one of these Directories in the hands of your attorney, realtor and loan company clients who can use it and appreciate your consideration. The announcement probably was not clear in explaining this, but there is no charge for a reasonable quan­ tity of them. Ask for any number you can use. This issue contains some most interesting announcements and items, and two special articles. The one by L. E. Holladay on "Abstracts" is very readable, and Mr. Holladay has told an old story in a different and unusual way. V. E. Phillips appears among us again with another legal treatment. Have you ever thought what a fine thing it is that so many are so willing and generous of their time and .talent in pre­ paring these articles to make TITLE NEWS successful? 4 T I 'l'LE NEWS Additional information is requested, A Directory for 192 7 too, for designation as to the company's business activities. Places are provided To be I ssu ed Early in Y ear, Extra Copies Supplied for a check to show whether or not it for Distribution issues Abstracts, title insurance, certifi­ cates and examinations. These will be designated in the book so anyone having Recognizing that, a Directory is one of The second very important thing is occasion to refer to it will know the the most direct and beneficial things that that you return the post-card that has service he can get from his correspondent. can be included in the Association's been sent out from the Executive Secre­ activities and also desiring to respond to tary's office. This card was mailed Dec. <.! u a n tit ies W ill b e Furnished for the a popular wish of the membership, 1 and asked for information as to how Local D ist r ib utio n. the Executive Committee included the company, firm or individual members publication of one in its program for the name was to be listed and the correct A fine opportunity for advertising coming year. address. It also asked for the name or will be found in distributing copies of Every effort will be made to make this names of those active in the company this booklet locally among your real a more attractive and more accurate whose names and official capacities were estate broker, lawyer and banker cus­ Directory than any before. It will be a to be designated. THIS IS DESIRED tomers. Copies could also be sent to loan little larger in page size than former issues VERY MUCH. The circular enclosed companies in your city operating in an and of better make-up. explained why such information was extended territory. The value of such a book is diminished wanted. The active state and national Added value would be given this, too, by any delay in its release hence it will be association members who take part in by having your ad printed on the back pushed as rapidly as possible so as to in­ meetings and affairs have gotten to be a of the book. Envelopes will be furnished sure its appearance by Apr. 1 at least. great family or circle of friends and with them for mailing. As many copies There are two very vital things in its acquaintances so to speak. There are will be printed as needed but it is essen­ preparation however in which the coop­ occasions for exchange of business or tial that you put in your request for cop­ eration and consideration of the members correspondence, state and nationally or ies immediately so an estimate can be are most important. The first is that each both, and it is only natural to think of made and order given. There is of course, and everyone pay his association dues the man you know in a certain city or no charge for quantities of these books. promptly. Naturally only members in place even though you cannot recall his good standing can be carried on the company. Last year many thousand copies were membership records and be entitled to the The personal element has much to do distributed in this way, they going all over benefits of the organization. The copy with everything however, and the more the country to users of abstracts and title for the Directory will be compiled from names of persons shown in connection insurance. This method of local distri­ the 1927 membership lists of the state with the companies the better will be the bution gives the individual member the associations. State secretaries either service found in the Directory. benefit of having done something worth have or soon will send out the notices for If no one in your company has as yet while and getting the credit and adver­ the next year's dues. Send them a check come into active contact with either your tising therefor while if the national immediately not only for this but also state or national title association, then to help them in their work, and eliminate the names of those in active charge of the organization did it the benefit to the local the necessity of these hard gratis working title department should be given so that member would be diminished. Then state officials having to send out second those. to whom correspondence might be too, they can be put into proper circula­ and third notices. directed will receive it properly. tion better by local distribution.

gested would be impracticable from the Change Asked by Title Companies standpoint of economical administration of the law. Many estates are made up on Federal Estate Tax of numerous items of real property, sometimes hundreds, some of which are Refused described by metes and bounds, and furthermore the property is often scat­ Bureau of Internal Revenue Holds Present tered over the United States. Procedure Sufficient A great number of receipts would have to be issued in some instances, under the The Nov. 12 issue of the United States covering estate tax payments be prepared plan suggested, in order to have one Daily publishes the following item of in such manner as to describe the various available for each county in which such interest to all title companies: items of property with respect to which real property is located. such receipts the tax is imposed, so that Furthermore, such a receipt, if issued, Change Is Refu sed I n R u le o n Tax in the county may be placed on record would afford no protection to the title Lien. in which the property is situated. G. C. M. 681., company, or to the prospective purchaser, The procedure outlined in Regulations Action Held I m p ossible. as the issuance of a receipt showing pay­ 70 for the release of the estate tax lien The Bureau has given very careful ment of tax does not constitute the release should be followed, A. W. Gregg, General consideration to this subject, but finds of the lien. The receipts are issued by Counsel for the Bureau of Internal Reve­ that it is not possible to adopt either of collectors of internal revenue, whereas nue, has advised in a memorandum deci­ the suggestions offered. The estate tax releases of lien are issued only by the sion. regulations (articles 67,72 and 73, Regu­ Commissioner. The full text of the decision follows: lations 70) require that information con­ Section 315 of the Revenue Act of The president of a title company states tained in estate tax returns be treated as 1926, as well as similar provisions of the that his company, as well as other exam­ privileged communications and not dis­ prior estate tax laws, imposes an estate iners of titles, experience difficulty in as­ closed to persons other than the executor tax lien upon the gross estate for 10 certaining whether particular property except as in said articles provided. years, unless the tax is sooner paid is impressed with the Federal estate tax The title company, not having a ma­ in full, but provides that the Commis­ lien imposed by section 31 .of the Reve­ terial interest in the estate within the sioner, under regulations approved by the nue Act of 1926 and by similar provisions meaning of the regulations, would be un­ Secretary, may issue a certificate releas­ of the previous estate tax laws, and sug­ able to secure information from the Bu­ ing the lien from the property of the es­ gests a change in the policy of the Bu­ reau as to whether certain property was tate. These releases of liens are issued reau so that information may be obtained included in a Federal estate· tax return, promptly, without cost, upon application by title companies or that the receipts or whether the estate tax had been paid. of the executor, and in many instances i sued by collectQris of int rn;i,I r venue The issl.lancc f receipts :such a$ su~- no rl)11triction~ whiitfilver are imposecl. TITLE NEWS 5 Sometimes, in order to protect the Gov­ delayed becaui;e of the lien. as to practice. ernment's interests, it is necessary to re­ The procedure outlined in article 89 There are apparently as many dif­ quire the filing of a bond, or the pay­ of Regulations 70 bas been in force a ferent customs as to business practices ment of a portion of the tax, as a condi­ number of years and has worked satis­ and charges as there are companies in tion precedent to the release of the lien. factorily to the public. The release of the business. Releases are also issued upon applica­ the lien in the manner outlined in the It is accepted that local conditions tion of such persons as heirs, devisees, said regulations is simple in procedure and customs govern the work and risk legatees, or purchasers. Most releases and, so far as concerns the purchasers involved in issuing a title policy and are issued promptly, so that prospective and title companies, is the only safe rates will thereby vary in different sales of property are not jeopardized or course to pursue. communities. There is no reason how­ ever why rates cannot be figured and governed by some basic theory and Title Insurance Rates to be Studied principle. Most essential and possible, however, is that some uniform prac­ and Analyzed tice and understanding be put into ef­ fect or at least recommended over the Committee Appointed to Conduct Work Proposed at country as to the handling of re-issues Convention and many other things. The past several conventions of the Title insurance rates are to be so many things showing the necessity association have brought out the great studied and analyzed. Pursuant to a of some effort along this line and that difference in ideas and practice over resolution offered before the Atlantic Mr. Henley's work and expressions the country. These matters have been City Convention by Mr. L. S. Booth should not be left to fade away. presented and discussed at every meet­ of Seattle, Washington, providing that The association attempted last year ing and in every group of titlemen that the Chairman of the Title Insurance and in former years, too, to collect should have had occasion to mingle to­ Section appoint a committee of which data and information on the subject gether. Benj. J. Henley of San Francisco of charges in the various communities All this discussion and the things it would be Chairman, Wellington J. and to ascertain if possible, whether could bring out, together with the need Snyder, Chairman of the Section, an­ or not title service charges were based for action to have been crystalized by nounces the other members as follows: upon any logical system or reasoning Mr. Henley's paper and the sentiment Harry C. Bare, Vice President, Merion or just chance. Later Mr. Henley be­ created by it. Some definite results Title & Trust Co., Ardmore, Pa.; Mark came interested in the subject and and accomplishments now seem fair to M. Anderson, President of. the Guar­ went about it in his own usual become realities. anty Title Trust Co., St. Louis, Mo.; thorough and comprehensive way. The The work of this committee and its Kenneth E. Rice, Vice President, Chi­ information he gained and the things report to be given later can be looked cago Title & Trust Co., Chicago, Ill.; an analysis of it disclosed were so in­ forward to with a great deal of antici­ and John T. Egan, Assistant Secretary, teresting as to be almost startling. pation. Title Guarantee & Trust Co., New York City. His convention address is the report A man arriving in a small town once of his work and the conclusions and asked a man if they had any criminal This Committee according to the observations drawn from it. There lawyers there. The native's reply was iesolution will study rates as now ex­ seems to be no established method or "\Vell, we've got two or three that we isting and attempt to make some rec­ rule for basing title insurance pre­ suspect, but we ain't been able to prove ommendations and suggestions for miums. In fact there seems to be no nothin' on 'em yet." uniformity and an established basis logical or well defined idea or basic for charges. This committee is to file principle of reasoning for the present LOOKING AHEAD. a report of its work within thirty days scale of charges. In Texas they tell this one on a colored from the date of the next meeting of Another point disclosed was that workman: the section, which will be the Detroit there is even less reason or principle "Boss," said the darky, "I'd lak to git Convention and furnish copies of such for premiums on re-issues, mortgagee's off ncx' Friday fur the day." report to the members of the section policies where there was an owner's ' 'What for?" inquired Hogg. before that time. outstanding, writing the mortgagee's " Got to go to fun'el." In commenting upon his resolution policy on a second mortgage when "Whose funeral is it?" " Mr. Booth told the convention that he there was none outstanding either for My uncle's." the fee or first mortgage. "When did your uncle die?" wa impressed by the need of such a ' 'Lawd, boss, he ain't daid yit!" survey by the association, and this Not only does this utter lack of uni­ "Then how do you know his funeral i~ need had been emphasized in import­ formity or stabilization exist through­ going to take place on Firday?" ance by the address of Mr. Henley; out the country, but companies in the " 'Case dey's gwine hang him Thurs­ that Mr. Henley's address brought out same cities in some instances differ day!"

THE INQUIRY AND SERVICE BUREAU The Executive Office of the Association is equipped to render every assistance and furnish informa­ tion and data on all matters pertaining to the title business. If the data requested is not available from the records and material on file, or is of such a nature as requires special service or the opinion of an authority, it will be secured. The organization has established contacts with individuals, institutions and other agencies making it possible to render every service re­ quested. Its activities and research work too have resulted in the accumulation of much material and the building of a source of ready information. If the Association can be of any assistance at any time in the solution of your problems, in giving information or suggestions on title matters or rendering any other service, write to the Executive Secre­ tary's Office. MAKE USE OF YOUR TRADE ASSOCIATION. 6 TITLE NEWS sons of Abraham unto this day. ''Abstracts'' We take it that in that day and time and especially in the Orient that not only By L. E. Holladay, Dresden, Tenn. deeds to property but written convey­ ances of every kind as we understand . NOTE: This interesting article is taken from an address on "Abstracts" them now were unheard of and unknown. Holladay before the Seventh Annual Meeting of the Presi­ But there is a reason for the failure of delivered by Mr. the appearance of written transfers of dents and Secretaries of the Western Tennessee National Farm Loan Associa­ property, and especially realty in this tions held in Memphis, Tennessee. early age of the world. The subject of "Abstracts" is one of recorded titles, therefore we feel that it The riches of the patriarchs and sheiks importance to every soil owner, from the would not be out of place at this time to of old did not consist of the widening small farmer in the hills to the bondhold­ look for a minute into the history of deeds meadows and broad acres that surround­ ers of the ky-scrapers that grace the and conveyances themselves, as they are ed the tent of the chief, but lay in the streets of our populous cities. the base and foundation of all abstracts flocks and herds upon the thousand hills. There are many buyers and sellers of as we know them. The land itself was not considered of real estate. But most of these are gen­ The first sale of real estate in history any particular value. But it was in the erally too busy making deal& and collect­ is recorded in the 23rd chapter of Genesis waters that flowed through and over it, ing commissions to investigate the titles wherein it is stated: and in the grass and shrubs that grew of the property they are buying and sell­ thereon that was concentrated the hidden ing and pref;r to throw this responsibility wealth that was only theirs for the ask­ on some.one.else. ing. meadows became bare they The venders of real estate with whom I When the laid open to the plow, or seeded have had much acquaintance were only were not for another crop, but on the after "closing the deal" and insofar as and sown the tents were struck, the the title to the property was concerned other hand and the tribes mov­ and more especially after they had re­ domicile abandoned, fields and greener pastures. ceived their commission manifested but ed on to newer little interest as to whether or not the An incident illustrating this appears property sold by them had any title at when strife came between the servants of all. Lot and Abraham that upon a division An abstract is defined as "a brief sum­ of the country by agreement between mary, in chronological order of the var­ them, Lot hose the plains of Jordan ious deeds, trusts, will, court proceedings because they were well watered, and and all other matters of public record there was bounteous substance green constituting the history of the title of for his sheep and cattle. the whole of or a particular interest in The first deeds that were recorded were real estate." not written on paper with pen and ink in stone. When the The same writer further states "An but were graven crossed the Jordan and abstract should show the material por­ Jewish hordes conquered the "Promised Land" it was tions of all transfers of title as well as all first divided among the Twelve Tribes. trusts, mortgages, incumbrances and liens On taking possession each family was of every kind from the date of the issu­ inheritance. As the lands ance of the grant by the general govern­ awarded its out the corners of the same ment ot the deed of the present owner, were laid were established by landmarks upon and the trusts executed by him if any, which were chiseled the owner's name, the purpose being to show the exact tablets of stone were erected status of the title in the present owner and these as evidences of possession and served as and the liens and claims and clouds upon notices to future generations as muni­ his title if any." ments of title. On sale or transfer the lot of the ordi­ Therefore it falls to the name of the vendee appeared not on is forced to nary and average lawyer who script or scroll but succeeded that of the busi­ add abstracting to his other small L. E. HOLLADAY, former claim and upon the more per­ for driving ness in order to provide means manent record of solid rock. the wolf from the door, to look up the attorney and abstracter of the Hence the admonitions of Moses hand­ titles that are intrusted to him for inves­ Dresden, Tennessee, National Farm ing to the Children of Israel the Statutes tigation, pry through the snares of court Loan Assn. of the Most High in which it was stated proceedings, grants and deeds, and fur­ "Thou shalt not remove thy neighbors nish in a clear, concise and unambiguous "And Abraham harkened unto Ephron landmark which they of old time have written statement an opinion covering and weighed to him the silver which he set in thy inheritance, which thou shalt the present status of the title and make had named in the audience of the sons of inherit in the land that the Lord thy it so plain that a layman can fully under­ Heth, four hundred sheckels current God giveth thee to possess it." stand it. money with the merchant. The business of abstracting titles is of And the field of Ephron which was in And these historical corner stones were, very recent origin as compared to other Machpelah, which was before Mamre of themselves, having engraved thereon avocations and professions. No written in Hebron in the land of Canaan and the the names and dates of the possession of history, sacred, legal or profane have any cave which was therein and all of the each succeeding owner, were the FIRST reference to abstracting except within the trees that were in the field and borders ABSTRACTS. last few years. round about were made sure unto After Moses spoke from the mountain In fact the very recording of deeds, Abraham for a possession of a burying h ight the makers of history worked fast. trusts and other evidences of title in well place by the sons of Heth." Egypt, Assyria, Babylonia, Persia, kept books at a central point of the It will be observed that there was no Carthage and Rome all reached the zenith community or district where the land written deed but the whole tribe of the of their power, flourished for a time and or other property is located and trans­ sons of Heth were called as witnesses to then decayed. Their historians wrote of ferred from owner to owner is of itself the transaction, and the payment was many things which have come down to us comparatively a new thing. made and the title passed and it is world to enlighten us of their day and genera­ It being apparent that the modern known fact that the possession of this tion. But none have left any positive abstract could not be proceeded with in land and cave con·veyed and this historic proof as to the way and manner the the making very far without reference to ground remains in the possession of the titles to landed estates passed from TITLE NEWS 7 vendors to vendees and the immediate methods pursued and used to bring about these exchanges which were made are only left to conjecture. Even Alexander the Great who re­ ~n Jnbitation versed the usual order of things and in­ stead of having the course of empire «be ~metican «itle ~ssotiation anb its .members are wend its way westward turned the head of his invading armies toward the East. most corbiallp anb earnestlp requesteb to bolb tbe «wentp ~ Ile made and unmade nations. He seconb ~nnua l ~onbention (1928) in tbe ~itp ~eattle, located, founded and named great cities. of Ile established great universities, intro­ Easbington. duced new methods and new manners of living and impressed upon conquered peoples new ideas and new languages, ~ strong personal appeal will be presenteb to tbe ~sso = yet he failed to leave to us any note of the tiation anb its .members at 119etroit in 1927 anb in anticipation way and manner of the transfer of general property and real estate from man to man tbereof b:le join in extenbing tbis preliminarp inbitation. except by force of arms. For fifteen hundred years or more after .l\espedf ullp, the destruction of Jerusalem by Titus there is no reference in written history Easbington «me JJnsurance ~o. , except by the vaguest suggestion and insinuation as to how or in what way ~eattle «itle «rust ~ompanp, and manner the body of °the people preserved their titles or remained by Jl.ab:lpers & .l\ealtors «itle JJns. ~o .. law in the secure possession of their lands 11\ ing ~ountp «itle ~ompanp . and homes. It is true that in some of the European countries under the Feudal System the peasant or land worker was assured of peaceful possession in so long as he did ****** I.he bidding of the feudal lord. Thi::; • orrall B ilson, JL . ~ . 1blootb. meant that in times of peace the greatrr and choicest of the productions of the ~. «. ~as tings ]'. E. Eoobforb field were to go to the support of the lord E. ~. E infree ~ . jf. mllbittelsep, and his bodyguard at the castle. In times of war the peasant with his co­ ~atlton JL. ~a ll ~ . ~. C!&ggel, laborer was the first to be called and sent ~atle .!\. 3J enner jf. ~ . ~achman , forth to bare his body to the battle axe. In both the times of peace and war he jl}.. ,tl . .mpbre. surrendered on demand the most beauti­ ful of his daughters to the lusts of bis over ~ea ttl e, Easbington lord, and then even after all of this sacri­ , fice his right of possession to field and 119ecember 10, 1926. shelter was subject to the whims and caprices of the knight of the castle and any moment his goods and crops might be appropriated, his home confiscated his lations to great cities and the desire of disturb the title to the portion conveyed life taken and family exterminated. those who expended their earnings for a and the purchaser will rest secure in his As the years went by the cry of those permanent home where they could rest purcha e. who produced and fed and clothed the assured their savings would be safe grew world could not be hushed. In the the demand for the establishment of presence of Louis XIV they were silent, permanent locations of the records of THE TRUTH OF IT. of Louis XV they whispered and of Louis title and with the right to investigate Two darkies were reading the inscrip­ XVI they spake aloud. The French these titles to ascertain who are the lawful tions on tombstones in a cemetery. One Revolution with the trail of Napoleon in possessors and owners of the properties of them let out a raucous "Haw! Haw!" Europe following with all of the horrors referred to. and when the other came up he pointed of war among the nations had a good The purpose of the abstract is to afford to the inscription on the tombstone,· ending. The rights of property for the a prospective purchaser or mortgagee of which read: small owner had been established and real estate a speedy and convenient means "NOT DEAD, BUT SLEEPING." recognized by authority and could never for ascertaining the condition of the "Haw! Haw!" laughed the be effaced. darky, title of the property in which he is inter­ "He ain't foolin' nobody but hisself." And with the recognition of the right of ested. An additional purpose is that any person to own land that could pay when the abstract is furnished by a title for the same and keep up the taxes, came company of standing that the owners REACHES HIS LIMIT. the desire for stability of title of real both large and small can rest assured "One day," said the old countryman estate. This idea soon became the estab­ that his title is good and he is protected from the hills, who was on trial for mur­ lished law. But it is fact that it has been in his possessions, which same may repre­ der, "when my rheumatism was pestering scarcely a hundred years since titles were sent the savings of a life time. me, and my daughter had just eloped really recorded in a county town, even in We trust the day will soon come when with a good-for-nothin' scallawag, and Great Britain. Transfers were made it will be at least an established rule if my barn had burned down and I lost but the title passed from man to man and not the law of the land that each pur­ both my mules, and my best old sow got owner to owner by delivery of the deed chaser of real estate will demand, and the cholera and died, and I just beard without going through the formality of each vendor will be required to furnish they had foreclosed the mortgage and having them recorded for future refer­ a full and complete abstract of title to the sheriff was lookin' for me, I told my ence. the lands, lots or parcels of same that is troubles to one of these here optimists With the advancement in the price of proposed to be conveyed so that there­ and he said: 'Cheer up, old top, the worst real estate and the removal of large popu- after there will be no possible chance· to is yet to come!' So I shot him." 8 TITLE NEWS TEXAS ASSOCIATION ATTENTIVE Proposal for Creation of Board of TO NEEDS OF MEMBERS AND OPPORTUNITIES FOR SERVICE. Title Insurance Underwriters The last bulletin of the Texas Abstract- ers Association shows this ever active Within Association organization is paying attention to things. One being given attention is that To Collect Data and Compile Statistics on Losses and this is legislative year and a legislative committee will probably find some things Other Phases of Business Operations of interest. There is always need for watchfulness A subject of interest and concern surance is not an absolute necessity. and action in nearly every state during that has been in the minds of title in­ The greatest value to the title com­ the sessions of the law makers and state surance companies for some several panies themselves, however, and the associations can foster good legislation yea1·s was presented to the Atlantic paramount object in the minds of the and protest against undesirable. Pres­ City Convention. Statistics on losses one who presented the resolution and ident Wells has a very representative and information in general on the real his second, Mr. Guy P. Long, of the group composing the 1927 Legislative elements involved in the insuring of Union and Planters Bank and Trust Committee of the Texas association. titles to real estate have long been de­ Co., Memphis, Tennessee, was to have This organization is also reviving inter­ sired but apparently not available. some intelligent information available est in a uniform certificate. Some A definite effort and undertaking for the protection of the title compa­ thought was given to this a few years ago has been launched, however, and work nies in the matter of state regulation. and a form adopted. Members have commenced to collect information that There is a pathetic lack of knowledge been asked to study it, and give sugges­ will show the risk and loss element of and understanding among state in­ tions as to whether it seems sufficient or title insurance. surance and bank commissioners and revisions should be made. H. N. Camp, Jr., Title Officer of the boards about the true status of opera­ The Minutes of the 1926 Convention Commercial Bank and Trust Co., tion, purpose and risk element of title have been issued and mailed to the Knoxville, and Secretary of the Ten­ insurance. There is a tendency and members. The form and make-up of nessee Title Association, presented a quite natural too, to confuse them with the Texas Association's Year Book is resolution calling for the appointment general inimrance and surety compa­ most attractive and sets a standard for of a committee to recommend the nies and impose illogical regulations oth rs. value of a Board of Title Insurance and hampers upon them. The state has also been divided in1o Underwriters, within the association, This could be eliminated by having seven districts with a chairman for each. to collect and disseminate information available and being able to present Some effective work can be done by this regarding title insurance losses. tangible figures and intelligible infor­ kind of an arrangement in building up This committee was to be appointed mation on the elements involved. the membership, working out some by the President and to make a report The Title Insurance Section has standardization and uniformity of prac­ at the Mid-Winter Meeting upon the made some attempt the past two years tice and charges, and promoting the advisability of establishing a Board of to interest companies in keeping rec­ welfare of the business and a friendly Title Insurance Underwriters to con­ ords of their losses, the success in spirit among those in it in these localities. duct such work by collecting and dis­ salvaging, and otherwise arriving at a J. Grover Wells, of San Antonio, seminating such information as was true realization of them. President of the Texas Abstracters Asso­ available now and continuing it in the This committee should receive eager ciation has shown a great deal of enthu­ future as a permanent part of associa­ support and cooperation in their work. siasm for his "job" and the bulletins sent tion work. They will undoubtedly make a report to the members have been full of interest­ The value and importance of this is for the formation of a permanent ing matters. Nothing will prove more apparent and this seems to be a most Board of Underwriters. profitable to a state organization than the essential thing to do. It is needed for The personnel of the committee as issuing of some kind of news letter, bulle­ several reasons. The title insurance announced by President Woodford is tin, etc., such as the Texas association companies themselves should know and as follows: produces. have available for study the experi­ H. N. Camp, Jr., Knoxville, Tennes­ ences of each other. This would prove see, Chairman; Guy P. Long, Memphis, Father: "Remember, son, beauty is of benefit in many ways by disclosing Tennessee; Fred P. Condit, Vice Presi­ only skin deep." the most common sources of losses, dent, Title Guarantee & Trust Co., Son: "That's deep enough for me, the percentage of losses and how they New York City; Henry J. Davenport, dad. I'm no cannibal." can be reduced. It would furnish many President, Home Title Insurance Co., points for presenting the value of title Brooklyn; Donze! Stoney, Vice Presi­ Poise-that quality which enables you insurance and give something tangible dent, Title Insurance and Guaranty to appear unconcerned while picking up to offset the suggestion that title in- Co., San Francisco. all the change brought back by the waiter.

''PULL'' Some men complain that they do not get any encouragement; that they have no pull or influence. The impression seems to be that all you need in this world is somebody to boost you and you will get to the top. Who showed Marshall Field how to do business? Who was responsible for the fame of Jane Addams or Sarah Bern­ hardt? Who cranked up Charles Schwab or Lloyd George? Or were they self-starters? John D. Rockefeller did not win his prosperity through favorable circumstance. Henry Ford was the first in his line. Who stood behind him? As a matter of fact the men who got to the top were equipped with self-starters. A thousand people had seen an apple fall before Newton. It took a genius to deduce a great law from this common­ place occurrence. Many generals had the same opportunity which Grant had in the Civil War; but Grant was a self-starter-he didn't need a pull. After all is said and done, the principal cause of most great men's greatness lies in themselves. W. DUNLAP. TITLE NEWS

The Annual Mid-winter Business Meeting and Joint Conference

Of State and National Association Officials

Held by The Etmerican'Ptle Etssociation

Will Convene in Kansas City, Mo. February,4-5, 1927 Headquarters -- K. C. Athletic Club

The purposes of this meeting are to increase the efficiency and advance the wel­ fare of the title business by considering its needs and problems, and to promote in­ terest in and increase the power and practical endeavors of the state and national title associations. With these things done, a plan of procedure can be determined, the means provided and such an impetus given the work as will accomplish the necessary and desired results. The subjects included in the tentative pl'ogram indicate this will be the most interesting and practical meeting ever held and the results from it will be most beneficial to the business and th.e service it renders. Everyone i:r:iterested in the problems, affairs and welfare of the abstract and title insurance business is asked to attend, and come prepared to take part. Special consideration will be given to things that will make the state and na­ tional title associations of more value and use. Everyone interested in their ex­ istence, activities and possibilities is invited. State officials are particularly urged to make every possible effort to be present. This is an important event. Such meetings influence and direct the advance­ ment and destiny of the title industry-your business. You should have a voice and take a part in its undertakings. Representatives of the title business from nearly every state in the country will be present. YOUR PRESENCE IS DESIRED! Write the Executive Secretary of your intention to attend and to make reservations for your accommodations. 10 TITLE NEWS the time in the class. The first sec­ Curative and Enabling Statutes tion provides that it is applicable to any deed, conveyance or will, "hereto­ in Missouri fore or hereafter" made. It seems that this section is one authorizing the By V. E. Phillips, Kansas City, Mo. transfer of a title and lawyers have entertained doubt as to the constitution­ Note: This is an address given before the 1926 Convention of ality of parts of the section. The sec­ the Missouri Title Association. While special reference and atten­ ond section concerning procedure seeks tion is paid to the presentation and explanation of these particula:r to cure a situation as to service and is laws of Missouri, the subject has been considered and presented in not objectionable as disturbing vested such a way as to make it interesting and worthy of general con­ interests. sideration. Those in other states, too, will find value in its informa­ It will be more interesting to discuss tion for comparison with local laws or needed ones. particular statutes than to discuss points of constitutional law. We will, It will be the nection purpose of your speaker with land titles, let us make a therefore, call attention to statutes, distinction to include in this address a discussion at the outset between those curative in their nature, intended to fill attempting to cure a title and of curative and enabling statutes in those at­ one of the three purposes heretofore Missouri affecting only the law of real tempting to tmnsfer a title. Statutes outlined. property. Such statutes designed to attempting to cure a title must be r e­ rectify defects in procedure or con­ trospective-statutes attempting to The Session Laws of 1925, page 141, ferring new rights in other branches transfer a title can only act prospec­ contain the last revision of Section of law will be omitted. tively. This is evident on account of 2237 of our statutes. This section pro­ vides that the mortgagee or assignee Law is said to lex non scripta and constitutional provisions protecting of a note upon receiving full satisfaction lex scripta. The former is the great of any mortgage or deed of trust, body of unwritten law, ordinarily called shall execute a deed of release or pre­ the common law. The latter is the sent the paid notes at the office of the written or statutory law. Recorder of Deeds for the purpose of The student of the law is advised the recorder noting on the margin of that he is expected to know the law in the record the release of such mortgage. the state which he selects for his career Adequate provision is made for the as a practitioner, and he is further ad­ making of affidavits in case of lost or vised (with great seriousness) that he destroyed notes and a proviso is added ought to feel encouraged that in this to the section that nothing shall be con­ state so much of the law is definitely strued to require the production of any set out in statutes. The 1919 Revision interest coupon note and that upon the in Missouri contains exactly 13890 sec­ production of the principal note all in­ tions and each successive legislature terest coupon notes shall conclusively has added several hundred new or be taken and be deemed to have been amended sections. paid in full. This raises an interesting Strictly speaking a curative statute question as to whether this presumption seeks to remedy a defect or cure an of payment governs merely in so far om1ss10n. An enabling statute, in its as the recording act is concerned or correct sense, is declaratory of an en­ whether it should be a defense upon tirely new right or gives broader scope the note itself in the event of suit. to an existing one. The law writers on the subjects of Statutes and Statutory The Session Laws of 1923, page 134 Construction have done but little to contains adequate provision for the re­ classify statutes under such headings. leasing of real property which is se­ They have preferred to call them de­ cured by bond issues aggregating $100,- claratory or remedial-declaratory 000, or more, and provides that upon when they express a recognized princi­ the releasing of the property the money ple, and remedial when an evil or de­ so received for the· pro rata portion so ficiency is sought to be corrected. released shall be deposited with some For this discussion, curative and en­ banking corporation or trust company abling statutes may be classed as a for the benefit of the bondholders. This single group but seeking one of three section probably has not come to the at­ V. E. PHILLIPS, tention of many purposes. These purposes are: Member of the Law Firm of Proc­ of the examiners for First: To validate a defective in­ tor & Phillips and Instructor in Real the reason that property &ecured by strument so that it may impart notice Property Law, Kansas City School bond issues is frequently conveyed and or will be admissable in evidence. of Law. a bond accepted for the final release Second: To raise a legal bar in or­ vested rights and prohibiting the im­ of the property. der that litigation may end or rights pairment of contract obligations. A Session Laws of 1921, page 203, con­ may be cutoff by lapse of time. statute in this state which may serve to tairis a revision of Section 1320 of the Third: New rights or remedies pro­ illustrate this is found in the 1925 ses­ Revised Statutes providing that no suit vided in order that a legal or social sion Laws at page 138. It is the sec­ or action under a mortgage shall be evil may be avoided. tion providing for an equity suit in maintained after the obligation secured There is a popular feeling of distrust case property held by a life tenant be­ thereby has been barred by the statute in the term "curative" statute, and a comes burdensome or unprofitable for of limitations, nor in any event after popular feeling of encouragement in the purpose of authorizing the sale and the lapse of 20 years from the date of the term "enabling" statute. The the holding or investing of the proceeds the last maturing obligation. The old courts in judicially considering them for the remainder men after payment saying "Once a mortgage, always a have used the expression "these laws to the life tenant on the commuted mortgage" loses its effect in view of are of a wise and just nature and de­ value basis. This section is followed this section. signed for beneficient purposes" and by one relative to the parties to the The limitation statutes in Missouri have considered both as entitled to the suit and authorizing the appointment show a purpose on the part of the leg­ rule of liberal construction. of guardian or trustee for heirs of a islature to determine, within a definite In discussing these i:ttatutes in con- class even though none may exist at time, the status of the title. We have TITLE NEWS 11

an ordinary 10-year statute, section is also provided that in the event of will be seen that there is conflict here 1305; the 24-year statute, section 1307; any loss of records or original con­ between the common law rule against and the 30-year statute section 1311. It veyances, that abstracts of title may be remoteness in the vesting of :titles and will be noted that the 24-year statute received in evidence in suits, trials or the statute which attempts to vest such of limitations is based on the idea that actions. title absolutely at the death of the first a minor may reach the age of 21 years Undoubtedly the statute in this state taker. and have three years additional there­ which is the most remedial of all in its Another curative statute which has to in which to bring a suit. The 30- nature, or curative in its effect is the not had the effect of curing the situa­ year statute is said to be one of ex­ well known after-acquired title sec­ tion but has merely complication it is pediency to the end that all litigation tion, No. 2266. This is not peculiar section 1101 providing for the adoption may cease after a period of time has to the state of Missouri, as most of the of children. It has long been the rule elapsed in which evidence is presumed states have such a section. For the in Missouri that the adopted child in­ to be lost. sake of accuracy, we quote it as follows: herits from its adopting parents as well There are numerous statutes in this as from its natural parents. But since "Where a state for the purpose of curing defects grantor, by the terms of the enactment of the first Childrens' his contained in an imperfect instrument. deed, undertakes to convey to the Code in this state in 1917 there is grantee an indefeasible Section 2217 states that all deeds, estate in fee serious doubt concerning the child in­ simple absolute, mortgages, deeds of trust and other and shall not, at the heriting from its natural parents in in­ time of struments conveying or affecting title such conveyance, have the the case of adoption. The statute reads legal title to to real estate where the christian names the estate sought to be in part as follows: conveyed, but shall afterward acquire of the grantors therein, or the parties "When a child is adopted in ac­ it, the legal estate subsequently ac­ of the first part are abbreviated by cordance with the provisions of this quired by him shall immediately pass using the initial thereof or where the article all legal relationship and to the grantee; and such all surname is misspelled, and the same conveyance rights and duties between shall be as effective such child premises are afterwards conveyed by as thought such and its natural parents legal estate had shall cease the full christian name with correct been in the grantor and determine. at the time of the conveyance. * * * Provided, how­ spelling of the surname, the record of (R. ever, that neither said S. 1909, Sec. 2871.)" adopted child such instrument shall be received in nor said parents by adoption shall evidence and the parties shall be pre­ This section is broad in its terms yet be capable of inheriting from or tak­ sumed to be the same until the con­ has its qualifications and one which ing through each other property ex­ trary appears, but this is qualified by comes to the practitioner early is that pressly limited to heirs of the body saying that the surname must be idem a title, acquired after the grantor has of such child or parent by adoption." sonans, that is like Johnson and Johns­ released his interest by a quit claim It will be noted, however, that this ton, or C-1-i-n-e and K-1-e-i-n. The sec­ deed, does not pass under this section. section of the statute is contained tion following this section (Section in A quit claim deed frequently works as Chapter 11 under the title 2218) is also curative in of "Child­ that it pro­ an estoppel, but the Courts have held ren." It does not vides that a deed executed appear in Article by a minor in numerous cases that it does not pass 14 of Chapter 1 under which shall not be disaffirmed the heading "Des­ within as an after-acquired title. cents and Distributions." two years after the disability It would of minor­ seem that if the legislature ity is removed shall be binding. In the feudal days in England it was had in­ common to entail an estate or tie tended to change the first paragraph of Further it up curative statutes in connec­ in the family for untold generations. Section 303 which provides that upon tion with a defective execution of deeds There was a struggle at all times on the death of an intestate, property are found in Sections 5362 to 5368, in­ the part of the courts to assist in the shall descend in the following course: clusive. The first provides that any free transmission of the property. The "First, to his children or their descend­ deed acknowledged under a former law early legislatures of Missouri recog­ ants in equal parts," such amendment which has been recorded within a year nized this and enacted a statute which would have been made to such section, from its date and has been of record has been modified slightly from time to but in view of the proviso contained in for more than twenty years may be of­ time, but in effect creates out of an es­ Section 1101 restricting the adopted fered in evidence even though the for­ tate-tail a life estate in the first taker child as to inheritance property spe­ mer law did not so provide. Likewise and a fee simple in the heirs (Sec. cially limited to the heirs of the body there are statutes providing that a lost 2267). The effect of this statute has of such adopting parent, it seems also deed may be evidenced by a certified been the source of a great deal of liti­ that the legislature had in mind the copy of the record. Section 5368 is gation in this state and your speaker descent of the property at the time it particularly of interest because it pro­ recently has been confronted with a enacted the Children's Code. The vides that even though a deed has never situation where a curative statute of phraseology of the section is sufficient been proved nor acknowledged, or if so this kind has really not cured the sit­ to be curative, but we submit that there attempted to be proved or acknowl­ uation, but has more deeply involved has not been cured the doubt in the edged, was improperly so proved or ac­ the title to some property. A suit was mind of the title examiner concerning knowledged, it imparts notice if such de­ filed a few years ago for the purpose the rights of the adopted child to in­ fective instrument has been recorded of declaring a certain clause in a con­ herit from its natural parents. for a period of one year. The courts veyance void as violating the rule There are other statutes which may however, hold this section operates re­ against perpetuities in that it at­ be said to be curative either trospectively, only. of some tempted to postpone the vesting of title defect, or of some social wrong. I might Many of the curative statutes ap­ in the bodily heirs of the grantee and call attention particularly to the sec­ pear in the chapter relating to evi­ their descendants for more than two tion providing that no spend-thrift dence. The members of this associa­ generations. The court held the clause trust may prohibit the appropriation of tion no doubt are familiar with the absolutely void and perfected title in proceeds thereof for the purpose of statute (Section 5472) providing that the first grantee. The question is now paying an alimony award or for main­ in case the official records of any coun­ raised whether this curative statute in tenance of children (Sec. 557). ty are destroyed or damaged by fire, itself did not make the conveyance war or other catastrophe, the cir­ good and there was no violation of the II. cuit judge of the countty in conjunct­ rule against perpetuities. If so, it con­ The term "enabling statutes" is more tion with the judges of the county verted the clause which the court has often used in connection with legisla­ court may order abstracts, copies of declared void into a life estate in the tion designed for the purpose of con­ the minutes or records to be produced first taker and a fee simple in the heirs ferring upon married women, equal in Court and received in evidence for of the body, such heirs of course yet rights with men in dealing with real the purpose of establishing titles. It undetermined and probably unborn. It estate. The legislature of Missouri 12 TITLE NEWS enacted such married women's enabling Only a few years ago the statutes of ation as well as members of the Bar statutes 37 years ago. There has been this state were changed so as to enable may study the subject with interest much law written in this state concern­ a married woman to act as an executrix and profit. ing the force of the statutes which or administratrix of an estate. At the gave to married women the same right 1923 Session of our legislature a stat­ MEETING IN DENVER. to own property, buy and sell goods, ute was enacted of particular conveni­ COLORADO and to sue and be sued as her husband. ence to non-residents, enabling the The Colorado Title Association met Although the statute was first placed transfer of shares of stock in this state in Denver with a fair crowd in attend­ on our books in 1889, it seems that as after a six months period upon the fil­ ance. A good program was given and late as 1906 there was doubt in the ing of an affidavit that there are no the crowd had an enjoyable time to­ minds of some of our Supreme Judges debts in the state of Missouri. gether at a dinner the first evening, fol­ concerning the wisdom of such statutes There- are many other laws appear­ lowed by a theatre party and a lunch­ even though they were at that date ing in the statute books of Missouri eon the following day at the Chamber given their fullest legal effect. One which are in derogation of the common of Commerce. needs but to refer to the noted case of law and enabling in their nature. We Osmer Smith, Attorney and Exam­ Myers v. Hansbrough, 202 Mo. l. c. 502 ·will mention the power given to aliens iner for the Denver Joint Stock Land to note the attitude of Valliant, J. on to hold property obtained by devise or Bank, gave a talk full of interesting this question. The noted jurist said, in descent (Sec. 590); the right of the points and gathered from experience holding that a married woman's sep­ widow to have dower in chattel lease­ on "Observations on Abstracts." arate statutory estate could be charged hold interests of a longer duration II. C. Hickman of Boulder discussed for her debts, said: "But when the than twenty years; the right of the "Relations Between Competitors" and statute was enacted removing the husband to make a conveyance of prop­ Golding Fairfield of Denver on "Pro­ shield with which the common law had erty in the event of an insane wife gress of Title Insurance During the protected the married woman, dethron­ (Sec. 7322); the right to administer an Past Year." ing the wife and mother of the family estate in case of unexplained absence The Association adopted two things and reducing her to the common level of an owner of property for a period for future consideration that should do of a man in the mart of trade and longer than seven years; likewise the much to keep the members interested, traffic, she was declared capable of various statutes appearing in the laws accomplish some benefits and bring a contracting debts and her property was of 1921 (pages 117 and 118) providing realization of how much good a state rendered amenable to process as that for full inheritance of property by il­ association can be. They are: An· ab­ of any one sui juris." legitimate children and providing for stract contest for the 1927 convention: It will not be necessary for me to the determination of parentage. The accomplishment of some definite quote the various statutes affecting The various ways in which the titles thing during the year, and an attempt married women and the conveyance of to real estate are affected by statutory at uniformity of practice in certifying their property, but it is not out of provisions of curative or enabling pur­ abstracts and charges therefore was place here to refer to the recent enab­ port found in chapters with most de­ the point undertaken. ling statute on behalf of the husband ceptive headings, makes it necessary New officers elected for the year are: appearing in the session laws of 1921 for the abstractor to have a wide knowl­ President, H. C. Hickman, Boulder, at page 119. It reads: edge of the statutory laws of his state. The Record Abst. of Title Co. "The estate which a widower may Let me say that our method of enacting Vice-Pres., C. M. Hurlbut, Castle have in the real estate of his deceased laws has been prolific of confusion as Rock, The Douglas County Abst. Co. wife known as 'tenancy by the curtesy,' to the indexing as well as to the con­ Treasurer, Anna E. Allen, Denv.:.L', is hereby abolished, and in lieu thereof tents. Not only the abstractor, but the The Jefferson Co. Title Co. the widower shall have the same share lawyer, is baffled in his endeavors to Secretary, Edgar Jenkins, Littleton, in the real estate of his deceased wife ascertain the law. A bill is introduced The Arapahoe Co. Abst. & Title Co. that is provided by law for the widow and referred to a committee, it is rec­ in the real estate of her deceased hus­ ommended out of the committee and band, with the same rights of election amended several times before passed, FIDELITY UNION MAKES WYCK­ and the same limitations thereto; pro­ thn it is sent to the other legislative OFF AND NORTHRUP VICE vided that nothing contained in this act body for further amendment before PRESIDENTS. shall be so construed as to defeat any passage by that body. At no time is it Morrison C. Colyer, President of the estate by the curtesy which shall have l'eferred to a committee on Revision of Fidelity Union Title and Mortgage vested prior to the date of taking effect Statutes. It may destroy another Guaranty Co., Newark, N. J., an­ of this act." statute but the old statute is left on the nounced that at the monthly meeting The construction which the Supreme books. It may change some part of an of the directors of that company held Court will eventually place upon this old statute but that statute is not in October, Simon P. Northrup and Ed­ section is questionable when it says found and the changed part deleted. ward C. Wyckoff were elected Vice­ that "the widower shall have in lieu Every bill before passage should be Presidents. of his curtesy the same interest in the sent to a committee which would ap­ Mr. Northrup began with the Fi­ real estate of his deceased wife that is prove its form and make recommenda­ delity Trust Co. in 1906 as a settlement pr011Uied by law for the widow in the tion as to changes in existing statutes. officer. Prior to that he was a partner real estate of her deceased husband In conclusion, let me say that cura­ in the law firm of Lafferty & Northrup. with the same rights of election and tive and enabling statutes are by their He was later associated with the title the same limitations thereto." It takes nature intricate. It is the purpose of department of the company and was but a flight of fancy to see a husband such laws to accomplish results not made associate title officer when the refusing to accept under the will of his provided for by the ordinary rules of present company was formed a short wife, but filing his statutory election to law. Questions involving constitutional time ago. accept his statutory "dower," or we points consequently arise reqmrmg Mr. Wyckoff practiced law in Asbury may see him asking for absolute allow­ court construction. It is submitted that Park prior to his becoming associated ance of $400.00 with a year's provisions such beneficient laws should be framed with the Fidelity Trust Co. which he for himself and the children, and in the more carefully and considered cautious­ joined in 1910 as a settlement officer. event a son should be engaged to marry ly by law making bodies. There are He became assistant title officer and a young lady of spend-thrift tendencies, further curative and enabling statutes was later made solicitor. we may see a father creating a separ­ needed, a discussion of which might Both of these men have a wide ac­ ate equitable estate by conveying prop­ be the subject of a separate address. quaintance and friendship in the as­ erty to his son as "his sole and separate Our attention has been directed wholly sociation who will be pleased to learn estate, free of all marital rights of his on this occasion to existing statutes. of and share in their success and recog­ wife." We believe the members of this Associ- nition. TITLE NEWS 13

ARKANSAS TITLE ASSOCIATION as a Part of Abstract Service." MEETING. W. L. Rogers, of the Federal Land By Bruce B. Caulder, Secretary. Bank, Louisville, gave a talk under the "The Country Abstracter Arkansas subject The 1926 Convention of the the Board Walk." in Lit­ Visits Land Title Association was held H. Lindow, Secretary of the 16th and the Edwin tle Rock on the 15th and Title Insurance Section of the Ameri­ in attendance start­ largest crowd ever Title Association attended as the with a dinner at the can ed things moving representative of the national associa­ Hotel Marion on Friday. The Welcome gave two addresses, that of Irvine, tion and Address was made by R. C. day on, "The Atlantic City of the the first Vice-President and Cashier Convention" and the second choosing Bankers Trust Company of Little Rock. "Abstracts and Title Insur­ Moor­ the subject The response was given by Will ance." man of Augusta. All speakers were given interested The Arkansas Assaciation has a attention and there was much discus­ membership of some of the most ef­ sion making it a fine program, and suc­ ficient and established abstracters in cessful convention. the State and does many things of Secretary Lambert made his yearly value for its members. report. Sound abstract value was The Association always has an excel- stressed by him, and the state associa­ tion members heard their official tell of titles, and he pledged the conven­ tion to a greater co-operation by a ris-

BRUCE B. CAULDER, Lonoke, elected Secretary of the Arkansas Title Association. J. A. Stallcup, Vice-Pres. Arkansas Trust Co., Hot Springs, Vice-President. Bruce B. Caulder of Lonoke Real Es­ tate & Abstract Co., Lonoke, Secretary. Mrs. Stella Parrish, Arkansas City, Treasurer. Sectional Vice-Presidents were named as follows: Northeast District: Will Moorman, Augusta. Northwest District: G. S. McHenry, Conway. CHARLES E. LAMBERT, Southeast District. M. K. Boutwell, to whose service-stripe covered Stuttgart. sleeve will be added another in his Southwest District: A. J. Watts, re-election as Secretary of the In­ Camden. diana Title Association for 1927. McCLURE, ELMER ing vote. He will be sent to the mid­ Little Rock, INDIANA MEETING HELD IN winter meeting to be held in Kansas Re-elected President of the Arkansas INDIANAPOLIS. City. The question of issuing the In­ Title Association. By Charles E. Lambert, Secretary. diana Title Bulletin quarterly or semi­ The Twenty-first Annual Convention annually was left to the secretary's best lent program and this year's was no ex­ of the Indiana Title Association was judgment and management. The publi­ ception. McCune Gill, Vice-President held in the Claypool Hotel, Indianap­ cation has been highly commented of Title Guaranty Trust Company, St. olis, Oct. 13 and 14. The attendance upon. Suggestions have been coming Louis, author of the Fourth Edition of was good and the program was of un­ in from other states to make it per­ Tiedeman on Real Property, and one of usual interest and proved to be a reg­ manent, with offers of subscriptions the country's title authorities, was ular title school. from some corporations and state as­ present, and gave a highly instructive John F. Meredith, President, opened sociations. address on "The Geography of Real the program with an interesting ad­ The secretary reported new firms Property Law" which was enthusi­ dress on titles and the influence being and individuals who have joined the astically received by those present. Mr. a land owner has upon the citizenry of state association since its last conven­ Gill was the representative of The a community. tion, namely: American Title Association. The ses­ H. E. Stonecipher, of the Title In­ Lamb Abstract Co., Elkhart. sions were closed with a luncheon at the surance Department of the Union Title Columbus Abstract Co., by Paul Hotel Marion at noon, Saturday. The Co., Indianapolis, gave an interesting Jones, Columbus. following officers were elected for the talk on "The Modern Responsibility of Citizens Abstract and Title Com­ ensuing year: the Progressive Title Co." pany, Warsaw. Elmer McClure, Secretary & Man­ Earl W. Jackson, of the Indiana Kuhne & Co., Inc., Ft. Wayne. ager of the Little Rock Abstract & Title & Loan Co., South Bend, talked Security Abstract and Title Co., Guaranty Company, President. on "Responsibility and Qualifications Crawfordsville. 14 TITLE NEWS

John W. Holcomb, Greensburg. Vice-Pres., 2nd Dist., Alfred L. Han­ William M. Sutherlin, Greencastle. son, Fremont. Charles W. Benton, Abstracter, Vice-Pres., 3rd Dist., John M. Mc­ Princeton. Allister, Neligh. Bert F. Bradbury, Muncie. Vice-Pres., 4th Dist., Joel Hansen, R. W. Miles of The Morgan County Osceola. Abstract Co., Martinsville, who has Vice-Pres., 5th Dist. F. L. Young­ served as Vice-President of the associ­ blood, Hastings. ation during the last year, was elected Vice-Pres., 6th Dist., J. G. Leonard, President to succeed John F. Meredith, Broken Bow. of Muncie. Earl W. Jackson, of South Secy-Treas., Guy E. Johnson, Wahoo, Bend, who was one of the principal Hamilton & Johnson. speakers on the Thursday program, was elected Vice-President to succeed Mr. Miles. Charles E. Lambert of MEETING OF KANSAS TITLE Rockville was re-elected Secretary­ ASSOCIATION. Treasurer. The 1926 Convention of the Kansas NEBRASKA ASSOCIATION HOLDS Title Association was held in Manhat­ ANNUAL CONVENTION. tan, Oct. 14 and 15 and this session was . This organization held an unusually a creditable addition to its long list good convention in the customary place, of ever better and more successful con­ Lincoln, and besides the regular busi­ ventions. A big crowd was in attend­ ness, annual banquet, etc., saw the ance for the three days meeting. This Nebraska-Missouri football game. state organizat!on believes in making Irene Huffington of Omaha, gave a its meetings an outstanding event and report of the American Title Associa­ of a somewhat longer duration than tion Convention held in Atlantic City. most of them, intermingling the busi­ A. H. Rutgers of the Southern ness with pleasure. Sure,ty Co., Des Moines, was the repre­ Registration and a "get-together" oc­ sentative of the American Title As­ cupied the first morning session and sociation and gave an extensive address the convention proper began the first on "Title Insurance." EDWARD F. DAUGHERTY, afternoon. W. G. (Bill) Fink talked Title insurance came in again on a subject that bothers almost every for Omaha, consideration in the talk of Elmer abstracter, "The Effect on Real Estate Campbell on "Title Insurance and Ef­ elected President of the Nebraska Titles of Instruments Filed as Chat­ fects on Abstracters." This proved to Title Association. tels." Mr. Fink especially discussed be a feature of the convention because the instruments found so frequently in attorney and abstracter, handled the a "question box" was opened on Mr. oil territories, and upon which subject subject of "Surveying as it Effects Campbell but he proved more than he is well qualified to speak. Titles" very ably and equal to the occasion. it proved to be a R. E. Hawman of the Fidelity Title most suitable one Henry H. Foster, Dean of the Ne­ for a title convention. braska University Law School, inter­ The question box, feature of the Ne­ ested the meeting in a fine address on braska meetings, was conducted by L. • "Nebraska as a Haven for Spend­ R. Slonecker, of Omaha. thrifts" basing his talk on a recent de­ Verne Hedge, host and conductor of cision of the state Supreme Court in a the Nebraska Conventions for so many ruling relative to estates. years now that he has it developed to Jay C. Moore of Tecumseh, both an an art, provided his usual array of tal7 ent for the banquet program. It was held in conjunction with the state con­ vention of the Nebraska Realtors. The following topics were given by the well known men mentioned: "Nebrsaka" by Adam McMullen, Governor of the State; "Farm Relief" by Mark W. Woods of Lincoln, and "Development of the Missouri River" by J. C. Nichols, Kansas City, Mo., and one of the Country's prominent Realtors. President Ralph W. Barney present­ ed a cup to be given to the office assist­ ant submitting the best abstract in the contest conducted as a convention fea­ ture. This was awarded to Miss Rena D. Davis, of the Gage County Abstract Co., Beatrice. Many congratulations to Miss Davis because of the quality of her work and the oth~r interesting features in that she chose the title to the first homestead ever granted in the United States. The abstract contest created a great deal of interest. New officers elected for the coming year are: GUY E. JOHNSON, President, Edward F. Daugherty, ROBT. B. SPILMAN, Wahoo, Omaha. Federal Land Bank. Manhattan, re-elected Secretary of the Ne­ Vice-Pres., 1st Dist., S. Stewart, Te­ President of the Kansas Title Asso­ braska Title Association. cumseh. ciation for the coming year. TITLE NEWS 15 & Finance Co., Wichita, who is build­ address on a subject that is always ing a modern title plant in a city of eagerly listened to and brings forth considerable size told of "The Photo­ much discussion, "Liability of Ab­ graphic Take-Off." This is an especial­ stracters." ly pertinent subject and one in which To say that Grant Stafford talked on many title people are interested. Mr. the subject of "Outside the Records" is Hawman told of his actual experiences enough to know that something inter­ and the conclusions he had drawn from esting was given. Mr. Stafford is a them. pioneer titleman and has had a great "How to Show Oil and Gas Instru­ experience in title matters. ments in An Abstract" was presented Other subjects on matters of the by Justin I. Miller of the Montgomery business discussed were: "To What Ex­ County Abstract Co., Independence, and tent Should Irregularities be Ex­ this was another topic given much at­ plained," by John Frederick, Salina; tention because of the oil activities that "Should Another's Work be Certified occur frequently in the different parts and Charged Therefore," by Helen of the state. Stowell, Garden City; "The Value of a Ransom Brown, County Surveyor of Daily Take-off," by Fred T. Wilkin, In­ Sedgwick County, told "How Surveying dependence. Affects Real Estate Titles." Mr. Bob Spilman proved himself a mas­ Brown thoroughly undel'stands this ter of ceremonies and host par excel­ matter from a long experience and lent. There was a delightful banquet, gave a most interesting talk, illustrat­ r.oon luncheons each day, a wol'ld of ing his points with blue prints. hospitality from everyone, and a fitting Wood Griffin of Parsons described climax in the last afternoon's event, the "The Complete Abstract Plant." Wood K. U. Aggie Football Game. has a plant of which he is justly proud The Association accepted Wood Grif­ and described its system and his ex­ fin's invitation to meet in Parsons next perience in building it. year. A. M. Johnston, Attorney of Manhat­ The advertising exhibit of the Amer­ tan, gave an address on "Idem ican Title Association was on display Sonams." This is an interesting sub­ under the direction of Pearl Jeffrey, ject, and despite all that is said and one of the members of the Special Com­ RAY TRUCKS, can be told on the subject, examiners mittee on Advertising of the national Baldwin, will probably never give any recogni­ organization. re-elected President of the Michigan tion to its principles and rules, but Officers elected for 1927 were: Presi­ Title Association. continue to call for affidavits. Mr. dent, Robt. B. Spilman, Manhattan; Johnston did, however, give a very fine Vice President, Forrest M. Rogers, tion, but in that direction with great paper on its theories and doctrines. Wellington; Secretary-Treasurer, Fred speed-to Title Insurance. Title Insur­ One of the features of the conven­ T. Wilkin, Independence. ance, by the way, seemed uppermost in tion and an address that created a the minds of all attending the session. "State REPORT OF THE TWENTY-SIXTH great deal of interest was on The Union Title and Guaranty Com­ H. ANNUAL CONVENTION OF THE Wide Title Insurance" by Anthony pany of Detroit, through its Messrs. TITLE ASSOCIATION. Rutgers of the Southern Surety Co., MICHIGAN and Sheridan, entertained its By James E. Sheridan, Secretary. Lindow Des Moines. affiliated companies throughout the The Twenty-sixth Annual Conven­ Leo T. Gibbens of Scott City gave an delegates and their guests at tion of the Michigan Title Association, state, the a luncheon. A general discussion on held in _Lansing, at the Hotel Olds on the subject of Title Insurance followed. Oct. 7 and 8, proved a most illuminat­ ing and profitable meeting. The attend­ A banquet and pleasant evening oc­ ance, both as to registration and those cupied the end of Oct. 7. Mrs. J. L. remaining through the session, indi­ Chapman of Cleveland, representing cated beyond question both the ability the National Association, and never at of the speakers and the interest of the sixes or sevens, in the writer's opinion, audience. All attendance records were was there a more welcome visitor. The broken in the over a hundred who at­ toastmaster of the evening was Arthur tended this meeting. Boyce. We were honored by addresses A profitable discussion on the sub­ of Dr. Bishop and Judge Charles B. ject of "Tax Titles" was held during Collingwood, both of Lansing. the first day, with Mr. James H. Mc­ The Association wishes to record it­ Farlan of Linden, presiding. Mr. Mc­ self as being unable to pay too much Farlan's knowledge of the subject is tribute for a most enjoyable session to 'Late-wide. His paper, and the discus­ our own beloved John Brooks, his sion following, were, in themselves, re­ brother and their families, for their un­ compense for the time and expense of tiring efforts to make our visit a pleas­ the delegates. ant one. The President, Mr. Ray Trucks of The Association voted unanimously Baldwin, Lake County, delivered a re­ to hold its 1927 meeting in the beauti­ port of his administration. It was not ful city of Detroit, immediately preced­ only comprehensive as to accomplish­ ing the National Convention and ments of the previous year, but con­ pledged its personnel to the making of tained food for thought for everyone the latter a memorable meeting. present. There was much favorable The new officers ebcted are as fol­ comment on Mr. Trucks' address. lows: FRED T. WILKIN, Mr. George Wedthoff, of Bay City, President, Ray Trucks, Lake County Independence, discussed "The Trend of the Title Busi­ Abstract Co., Baldwin. Secretary of the Kansas Title Asso­ ness in Michigan," pointing out that it Vice-Pres., W. J. Abbott, Lapeer Co. ciation for 1927. not only was moving in but one direc- Abstract Office, Lapeer. 16 TITLE NEWS sulted but which was of so much value as to amply repay all for attendance at the meeting. Glenn Toalson of Osceola conducted a discussion on some of the everyday problems of the abstracter and handled i1 in an interesting and most able man­ ner. A question box was opened, conducted by McCune Gill, of St. Louis, who handled the legal questions and Richard B. Hall, Executive Secretary of the American Title Association, who ex­ plained business matters. The visitors were royally entertained by the Kansas City Title & Trust Co. and the Missouri Abstract & Guaranty Co. who had them as guests to a din­ ner at the Kansas City Club and a theatre party afterward. James M. Rohan, President of the St. Louis County Land Title Co., Clay­ ton and St. Louis, was elected Presi­ dent; C. S. Hotaling, of the Linn JAMES M. ROHAN, County Abstract Co., Linneus, was Clayton, elected Vice Prnsident, and T. S. Sim­ elected President of the Missouri rall of the Cooper County Abstract Co., Title Association. Boonville, was continued as an ever efficient and interested Secretary. in Missouri." Mr. Phillips is an au­ JAMES E. SHERIDAN, thority on real property law and this Detroit, paper and the discussion it occasioned was probably the feature of the meet­ Michigan The Association has issued elected Secretary of the ing. Mr. Phillips is already known to coming Title Association for the the readers of TITLE NEWS and will year. PAMPHLETS become better known by reason of his of the following: paper which appears in this issue. The Secretary, James E. Sheridan, Union subject naturally opened many avenues Title & Guaranty Co., Detroit. for discussion on real property law 'and Treasurer, W. Herbert Goff, Lena­ problems so another question box re- wee Co. Abstract Co., Adrian. "LIABILITY oj Member Executive Committee: Ar­ thur Brown, Washtenaw County Ab­ ABST RAC TE RS" stract Co., Ann Arbor. by V. E. Phillips MISSOURI TITLE MEETING. The Missouri Title Association meets in St. Louis and Kansas City in alter­ nate years. It was Kansas City's turn for the 1926 sessions and it was one "FEDERAL of the best meetings this association ever held. The attendance was good LIENS" and a great deal of interest taken in by Chas. C. White the program. Much time was given to discussion and every one took an active part. . John C. Taylor, President of the Kansas City Real Estate Board, told of "THEORY and "Cooperation between Realtor and Ab­ stractor." PRACTICE in John Henry Smith, President of the Kansas City Title & Trust Co., talked ESTABLISHING on "-The Future Title Service." The text of his address dealt with title in­ TITLE INSURANCE surance, as the subject might signify. A regular question box ensued and a RATE SCHEDULES" practical discussion of title insurance Henley resulted. by Benj. J. An interesting talk was given by Franklin P. Stevens, Vice President of the Safety Savings & Loan Association, who told of the organization and pur­ Copies can be secured from t.he pose of building and loan associations, which are some of the large users of T. S. SIMRALL, EXECUTIVE title service. Boonville, Mo. SECRETARY'S OFFICE V. E. Phillips, Attorney, gave a pa- continued in office as Secretary of per on "Curative and Enabling Statutes the Missouri Title Association. TITLE NEWS 17

Compiled from Recent LAW QUESTIONS Court Decisions by AND THE McCUNE GILL, Vice-President and Attorney COURTS' ANSWERS Title Guaranty Trust Co., St. Louis, Mo.

Should a contract of sale be ap­ Does lirnitation run against re­ proved where purchaser signs by mainderman during Zif e estate? agent? No; even though deed from life tenant purports to con­ No; because if agent had no authority to sign, the vey fee, and even though a remainderman can bring a suit contract may fail both as to principal and agent, as in to quiet title or determine his interest, during life estate. Weiss v. Baum, New York, Oct. 15, 1926. St. Clair v. Balcomer, 108 So. 858 (Alabama). Is a mortgage executed by a bank Does service by publication bind on its real estate valid? those under disability? Yes; unless it is to secure a deposit, or is without au­ Yes; as suit to quiet title against unknown persons, pos­ thority of the directors. Carter v. Brock, LQuisiana, Oct. sibly minors, even though no guardian ad litem is ap­ 5, 1926. pointed. McDaniel v. McElory, 108 So. 820 (Florida). Which is the superior lien, a pur­ Where owner moves away, does chase money mortgage, or a pre­ he abandon his hornestead rights? viously executed mortgage by the Not unless he acquires another homestead, or shows an intention never to return. Gerhart v. Quirk, 209 N. W. purchaser on "after acqu'ired" 544 (S. Dakota). property? The purchase money mortgage, even though in the na­ Who gets rents frorn solvent de­ ture of a lessor's lien securing future rent. Colorado, Oct. cedent's real estate? 5, 1926. Oakman v. Company, U. S. Cir. Ct., Nov. 3, 1926. The heirs or devisees take the rents from date of de­ cedent's death, and executor or administrator has no in­ Is a mortgage a.ffected by a sub­ terest. Hayne v. Fenton, 151 N. E. 877 (Illinois). sequent bankruptcy? Yes; it is void if it is within 4 months of the bank­ Does joint driveway between ruptcy and is to secure previous debts. Estate of Bloom, houses create easernent if not in U. S. Dist. Ct. Penn., Sept. 17, 1926. writing? Yes; an easement runs with the land. Frate v. Rim­ Is a statute as to construction of enik, 152 N. E. 14 (Ohio). deeds retroactive? No; for example, the Maryland statute of 1892 provid­ Is innocent purchaser protected 'lng that a description along the side of a street carries against delivery in violation of con­ title to the center, does not apply to deeds previously exe- cuted, Rieman v. R. R. 81 Md. 68. · ditions in escrow ? No; deed is void even as to innocent third persons. Is an acknowledgment good if Bingham v. Taylor, 12 Fed. (2nd) 15 (Florida). taken on Sunday? Is escrow agent liable in darn­ Bad in New Jersey even though delivery is on Monday. Bowen v. Pursel, Oct. 25, 1926. ages for closing contrary to in­ structions? Can a contract to sell, signed by Yes; as where buyer's check was not paid. Rowland two minors and five adults, be en­ v. Bank, 245 Pac. 740 (Kansas). forced? Is a carbon copy primary or sec­ No; not even against the adults. Terrell v. Kopp, (Min- nesota), Oct. 16, 1926. · ondary evidence? Primary evidence; and can be used without accounting Is a mechanic's lien, filed after for original. Company v. Adam, 245 Pac. 885 (Oklahoma). commencernent of bankruptcy pro­ Is mechanic's lien dissolved by ceedings, good? bankruptcy of landowner? Yes; if within the statutory time after the completion No; even though lien is filed within 4 months of adjudi­ of the work. Eggleston v. Birmingham, U. S. C. C. A., cation, or after adjudication. New York v. Fuller, 11 Fed. Nov. 1, 1926. (2nd) 796 (New York). Can a bankruptcy court order a Does tax and insurance clause sale of property free of a mort­ in mortgage affect its negotiabil­ gage? ity? Yes; if holder of notes is served. Matter of Shipley, A clause accelerating the due date of principal does not, U. S. Dist. Ct., Oct. 28, 1926. but clause authorizing mortgagee to pay taxes and pre­ mium makes mortgage assignable but non-negotiable. Does zoning law revoke perrnits Hubbard v. Wallace, 208 N .. W. 730 (Iowa). to build previously issued? No; Inspector v. Nelson, (Massachusetts), Oct. 28, 1926. · Can agent collect commission if owner's title is defective? If his Is a tax deed, naming only a wife refuses to sign? f orrner owner, good? Agent can collect in either case. Finochiaro v. Kipfer!, Good in California, Interstate v. Clark, 247 Pac. 244; 215 N. Y. S. 699 (New York); Kislake v. Judge, 133 Atl. but bad in Louisiana, Ricker v. Dupuy, 108 So: 782. 74 (New Jersey). 18 TITLE NEWS that the will was signed, sealed and delivered according to law in their Abstracts of Land Titles-Their Use and presence, in the presence of each other and in the presence of the testator Preparation who was in a sound and disposing mind and memory and not under any undue This is the twenty-second of a series of articles or courses of instruction on the use restraint or influence. It is probably and preparation of abstracts best to copy this proof of each witness in full, in order that it may be shown everything was done according to the In the preceding article the show­ tor, and in addition there should be a exact wording of the statute. ing of intestate estates was explained, law in every state giving an implied Sometimes one of the witnesses will and examples were given of a closed power of sale to every executor and have died too, and then the proof of estate of this kind, used to establish administrator of an estate. his signature as a witness is down by heirship and of one in which there had Abstracting a Testate Estate. proper evidence as to his hand writing, of others that might have known he been a sale of real estate by the ad­ In some cases the first thing filed ministrator. was present as a witness, etc., but all The second kind of a deceased per­ and to be shown in the abstract is an this must be shown as is found in the son's estate is that of the testate or affidavit of death. This tells of the case, but can be abstracted. estate where there is a will. A will is death, when and where, of the prob­ Sometimes too, one of the witnesses a document that makes its appearance able value of the estate, names the to the will may have moved away, into .after someone departs this life, and heirs and gives other information. This another part of the state or another which is supposed to express his wishes should be COPIED IN FULL. state, in such a case his testimony and or give instructions as to how his ef­ Following this will be found the peti­ proof is taken by means of a deposi­ fects are to be kept or disposed of; or tion for probate of will. It usually tion. The court will appoint some no­ to whom they are to be given into the states substantially the same facts as tary public or other officer authorized possession of either actually or be used the affidavit above mentioned, but will in his resident state to take such testi­ under certain conditions after his in addition state that deceased left a mony. This commissioner will then death. All too often though a will de­ will, that John Doe is named as Ex­ have the witness appear before him, feats the very wishes or supposed ecutor, and asks the court to prove and take his testimony, and certify the hap- . wishes of the testator by reason of probate the will in order that the es­ pening to the court. being misunderstood, misinterJireted tate may be preserved and admin­ In such a case, merely make men­ or set aside entirely because of am­ istered. tion of "Commissioner to take depo­ biguous language or faulty construc­ If there is also the death affidavit sition and proof of will appointed, July tion. filed, this petition need not be copied 1st, 1924, wherein the court appoints Wills, too, are often the very thing in full, but the statement merely John Smith of Los Angeles County, that cause more confusion and trouble made, "Petition for Probate of Will California, to act in such capacity and in land titles than anything else. Many Filed, June 15, 1924, signed by Mary take the proof of William Jones as people seem to want their "voice to be Roe, setting forth same material facts witness to the last will and testament heard" long after their death, either as to death, heirship, etc., as men­ of John Doe." from a dictatorial or regulative spirit, tioned above in the Affidavit of Death, The report of this deposition will be and will certain property to John Doe, but further stating that John Doe is shown, "Report of Commissioner to during his lifetime, and at his death mentioned in said will as executor, and Take Proof of Will filed July 10, 1924, to go to the third born of his sister petitioner respectfully asks the court is as follows"-and his return will be. Sue, and if no third born then to the to prove and probate said will, and copied in full. township as a site for a township hall, appoint said John Doe as executor in The will is thus p-roved and the next or some other condition or series of order that the estate may be preserved step is the order of the court admit­ events that are almost improbable and and properly administered." ting it to probate. This can be shown certainly impossible. If, however, no affidavit of death is briefly by the statement, "Order of Others mean well and try to per­ filed and this petition is the initial Court, July 25th, 1924, wherein the petuate their judgment and kindly step in telling of the deceased and his court finds will of John Doe entitled protection and advice by prescribing estate, then copy this petition in full. to record and probate, and orders same how the devisee can, may or should Next ·show the will. NO WILL admitted." use it, all of which things only too SHOULD EVER BE ABSTRACTED, The executor must next be appoint­ often make the real estate of an estate and let it be said right here very em­ ed and the court usually follows the all or in part a most frozen and im­ phatically, that every will should be choice of the testator and appoints the movable asset or better say, liability. copied in full and absolutely word for party suggested in the will. Some­ All too often a will will not clearly word, comma for comma. More ab­ times however that person has died or define the disposition of the residue stracters have gotten into real serious moved to another state, and cannot and worse yet, will not grant the ex­ trouble from briefing wills than any serve for reasons of some kind and ecutor or trustee a clear and undis­ other cause. It is hard enough for a nature, or there is objection to his putable power and authority of sale. corps of lawyers and a whole court to acting. In any of such cases evidence It is too bad that many times good interpret a will sometimes, so no ab­ will be shown and the court will then lawyers, and oftentimes incompetent stracter should assume the job. appoint someone else. Often the tes­ lawyers, as well as others who think This applies to the signature, the tator's wife or husband is designated they are qualified to draw wills are proof, and all codicils. A codicil is in the will and often it is some friend called upon to do it, and allow such some condition or a supplement added and the testator will direct that he things to get into wills either through to the will proper after it has been serve without giving bond. Whether ignorance or their after effect or re­ made. Sometimes a codicil is intended or not he can serve without bond is luctance to inform their client that such as further instructions or additions to according to the laws of the state or things should not be decreed in the a will, while at others it eliminates the discretion of the court. Some­ will, and make an effort to persuade and nullifies clauses entirely or modi­ times too the executor prefers that he him into leaving them out or modified fies them in some way. be under bond, even though not re­ to some extent. Next will come .the proof of will. quired to be so under terms of the Every will should specifically dispose This procedure varies in different will. of all real estate, and give instructions states, but the usual process is to bring The court will therefore make an as to the disposal of any residue and the two or other statutory number of order appointing the executor and this remainder, for of course such might witnesses into court and have them can be shown as follows: "Order of be accumulated after the date of the subscribe and swear to writt~n testi­ Court Appointing Exi::.cutor, July 25th, will and before the death of the testa- mony that they were witnesses and 1924, wherein the court appoints John TITLE NEWS 19 an intestate estate, and the court will direct that his executor sell certain or TITLE NEWS give an order of discharge. All of all of the real estate. Publi•hecl Monthly a• Official Publication ol these can be abstracted EXCEPT the Foreign Wills and Estates. order of discharge, which is usually an The American Title Association approval of the court of the entire There is another kind of probate administration, etc., and should be record occasioned by the decedent Printed by Kahle Brothers Company. Pub­ COPIED IN FULL. owning property in another county lication office, 40• N. Wesley Ave .. within the same state, or in another Mount Morris, Ill. Sometimes large estates are con­ tate even, than that of his residence. tinued by the authorization and ap­ Where this situation exists and there EDITOR pointment of Trustees to conduct the Richard B. HalL...... Kansas City, Mo. is a sale of real property in that for­ Title & Trust Bldg. estate after the period of the admin­ eign county, it is necessary to estab­ istration as set by law has elapsed. lish some record of the estate therein. Subscription price $2.00 per year. Their appointment and conduct is pre­ Different states have different re­ Entered as second class matter December scribed in the will and they cease to quirements on this but some parts of 26, 1921, at the post office at Mount Morrie, be under the exacting statutory juris­ Illinois, under the Act of March 8, 1879. the original record of probate must be Address all communications relative to this diction and control of the probate certified to the county wherein the 1iubllcation or matters contained therein to court when becoming trustees. estate owns property. THE AMERICAN TITLE ASSOCIATION Title to property is passed and evi­ Richard B. Hall, Executive Secretary If it is an intestate estate and there Title & Trust Bldg., Kansas City, Mo. denced by the will alone when a spe­ cific devise and bequest is made, either are sale proceedings to raise money by directing wording or under the for the. payment of debts, then certi­ DECEMBER, 1926. fied or authenticated copies of enough classification of "rest and residue" of of the estate to show the death, ap­ an estate. pointment of administrator and his Smith as Executor of the Estate of If real estate is to be sold and no qualifications, petition to sell, etc., will John Doe, deceased, upon his filing power of sale is granted to the Execu­ be filed. The appraisers will, of course, bond to be approved by the court in tor, then it must be done by an order be appointed by the court in the coun­ the sum of $25,000.00" (or to serve of the probate court, partition or other ty wherein the property is situated, without bond). suit, and this calls for a separate show­ but the balance of the proceeding is If a bond is filed then designate in ing of the sale proceedings as shown in usually had in the court of origin and wording as follows: "Bond in the sum other articles. certified copies of the whole thing of $25,000.00 filed, July 25, 1924, The real estate of an estate is liable finally sent to the foreign county. with John Smith as Principal and the for the debts if there is not enough If the real estate has been sold after Security Surety Co. as Surety." personal property to pay them, in the administration, or by joint agree­ Approval of the bond will be noted: which event it can be sold to raise the ment of the heirs, and evidence is only "Approval of Bond, July 26th, 1924, money. needed to show that the grantors were by the Court." Debts of an estate are considered the heirs and all of them, an abstract The letters testamentary are next in preferred in the following order: cost of the estate prepared by an ab­ order, and while they could be passed of administration and taxes, last sick­ stracter in the county where the estate by mention and abstracting, it is a ness and funeral expenses and then was probated or transcripts from the good rule or custom to copy them in other obligations incurred by the de­ probate court (abstracters should pa­ full to appease the whims and require­ ceased in his lifetime. tronize each other however) can be ments of many attorneys who want Usually the testator makes specific attached tci the abstract prepared in them set out. bequests of the real estate. Some­ the county where the land is situated The executor is required to take an times cash bequests are made, and and constitute sufficient evidence. oath to faithfully, impartially and hon­ these are paid from the remainder de­ In testate estates a copy of the will estly administer the estate and brief rived from the personal property after must be certified to the county wherein mention is made of this by "Oath of debts are paid from the residue, or if the real estate is situated to show to Executor, July 26th, 1924, before John not enough to pay all then as much whom the land was specifically be­ Franklin, Judge of Probate Court." as there is available to apply. queathed or directions given to the ex­ All states have a statutory period of In abstracting estates, receipts ap­ ecutor to sell it. The different states time within which all claims for in­ pearing in the files for specific per­ require other material to be sent along debtedness against a deceased person's sonal property bequests of the dis­ to complete the record in the foreign estate must be presented, usually with­ tributive shares of all in the closing county. in two or three years from the date of of the estate should be noted to show When these certified copies are filed the issuance of the letters testament­ that they have been paid, and no such in the various distant counties, a peti­ ary. items are liens on the real property. tion is made to the court that they be The executor will therefore cause a It is not often that there is a court admitted, and then an order given notice to be published in some news­ sale of the real property of an estate granting said petition. This petition paper for a number of consecutive because if there is not enough personal and order must be shown in the ab­ weeks as prescribed by statute which to care for the debts and expenses, stract of the case, but both can be ab­ will give notice to all concerned that the heirs usually make the necessary stracted. William Smith has been appointed ex­ amount to pay them. Some states pro­ Other of the various documents can ecutor of the estate of John Doe, and vide too that a bond can be given to be abstracted too as enumerated here­ that all debts and claims against said guarantee the payment. in, but the will is always COPIED IN estate must be presented within two Sometimes too, the testator will FULL. (or three) years from date of said ap­ pointment, which was July 26, 1924. Proof of this notice will be filed by the usual printer's affidavit, the meth­ The.Association Office Maintains an of showing of which has been de­ scribed several times in preceding articles of this series. EMPLOYMENT BUREAU There is a statutory period for keep­ ing an estate alive in most states and If in need of co mpele11L offi ce assista nts, state needs, necessary qualifica­ at the end of that time the Executor tions and salary. will petition the court for his dis­ If you desire a posiLio n, se nd information about age, married or single, ex­ charge, give a report of his adminis­ perience, qualifications, choice of location and sa lary expected . tration or a final report for the last year in much the same manner as in 20 TITLE NEWS that of the Norristown-Penn Trust Co., Norristown, Pennsylvania. It is THE MISCELLANEOUS INDEX entitled "A Little Journey Thru" and takes the reader and observer through Items of Interest About Titlemen the institution by illustrations begin­ ning with the entire building, then and the Title Business the "front door" and into all depart­ ments. This company has a spacious and A most attractive advertising book­ The firm was established in 1889 most modern new home and the book­ let has been issued by The Monmouth and has had a steady and interesting let appropriately describes the services Title Co., Freehold, N. J. Its appear­ growth. Officers of the new organ­ of the company and the facilities for ance and make-up creates interest and ization are, C. A. Johnson, President; rendering them. demands immediate attention. It tells Roy S. Johnson, Vice President and Another company uses a similar interesting things about the company Secretary; Luther M. Miller, Associ­ medium of publicity and story telling title service and title matters. ' ate Secretary. The capital and sur­ that immediately attracts the observ­ plus is $158,000.00. er's attention. It is the Westchester A recent issue of Rotary's publica­ Title & Trust Co., White Plains, New tion, "The Rotarian" contains a fine An interesting and laudable career York, and is entitled "Under One article by Lewis Fox, of the Home Ab­ of service is represented by Mr. John Roof." It, too, begins by picturing stract Co., Fort Worth, Tex. It is en­ S. Rolls who has been in the employ the company's building and then en­ titled "Rotary Friend X,'' and tells of of the City Title Insurance Co., San tering the front door, takes the reader an idea for getting acquainted and Francisco, for many years. Mr. Rolls on a journey through the various de­ forming friendships originated by a recently passed his eighty-ninth birth­ partments. Rotarian of Waco, Tex. day and is still an active worker in the company. Herb Feehan, Secretary-Treasurer of the United States Abstract & The Chicago Title & Trust Co. re­ Th'ere is more to marvel and admire Surety Co., Albany, N. Y., gave convention cent~y issued and distributed a repro­ in his career in knowing that he begins visitors duction of the interesting and well work each morning at 8 o'clock and a nice little memento in a scratch pad and note book, kn?wn will of Charles Lounsbury. never stops until the closing hour, 5 very at­ tractively This reproduction is a replica of the o'clock. gotten up in the form of a original, gotten up in antique style. certificate of title. McCune Gill has prepared a digest Of the The Chicago Title & Trust Co., an­ and explanation of Missouri Cases on many things on display at the nounces the appointment of Mr. Hol­ Perpetuities and Restraints on Aliena­ convention that attracted a great deal man D. Pettibone as Trust Officer. His tion. This has been prepared in pam­ of interest and notice were fac­ election is significant of the enlarge­ phlet form and distributed. similes of the policies issued on the Woolworth Building by the ment of this department and the pro­ Needless to say there is much value Title Guarantee & Trust Co., New vision of greater facilities for service. and help in having this available for York in title work in Missouri. 1924. ' The owner's policy was in favor of The Union Title & Guaranty Co., of the W oolco Realty Corporation Detroit, announces additional affil­ California Pacific Title Insurance in the sum of $11,000,o·oo.oo and a iations with local abstracters in the Company has qualified to do a trust mort­ gage policy in favor of the state for the issuance of title insur­ business in connection with its title pruden­ tial Insurance Co. of America ance. The company started on its plan insurance business. Incorporated in for $7,000,000.00. of expansion a short time ago and has 1886 as California Title Insurance & These two policies would probably completed arrangements to date in Trust Company with a capital stock of nine counties. $250,000.00, one of the first com­ stand an excellent chance of being panies organized in San Francisco to prize winners in a contest for those of the highest amount ever issued. The Dilworth Abstract Co., Waco, do a trust business, it continued the Tex., prints the following in prominent trust feature until 1913 when owing The Florida style on its certificate: to increase in title insurance business Title Insurance Co. of Miami, with branches in other cities "Owners of this plant are members the trust department was discontinued. of the state, announces the election of The Te::cas Now organized with a capitalization of of Abstracters Association, Chas. C. Schnatterbeck as Secretary. The American Title $2,000,000.00 and assets of over $2,- Association, and Mr. Schnatterbeck was formerly a the Texas Bar 500,000.00, it has qualified with the Association. In the specialist in the Liquidation Claims preparation of work it is our constant Superintendent of Banks to resume its Division of the United States Railroad aim to conform to the codes and high trust department, finding that many real estate transactions which it Administration and a national coun­ standards of these respective associ­ cillor of the Chamber of Commerce of ations and constructive criticism de­ handles involve details falling within the requirements of a trust depart­ the United States at Washington, D. signed to improve the quality of our c. work is cordially invited from Title ment and beyond the ordinary scope Examiners and those for whom ab­ and powers of a title company. The stracts are prepared." name will be changed to California Judge Cornelius Doremus, Presi­ Pacific Title & Trust Company and the dent of the New Jersey Title Associa­ The Albright Title & Investment department will be under the direction tion addressed the students of the New Co., Newkirk, Oklahoma (Roy John­ of Benj. J. Henley, Executive Vice­ Jersey Law School, Newark, recently son, Secy.), announces the acceptance President, as Trust Officer, and Harry on the subject of "Wills." of a "Trust Charter" under the Okla­ Geballe, as Assistant-Trust Officer. He outlined the history of wills homa Laws, which will enable them to Pending the change of name both the from ancient times to the present, serve their clientele better and more title department and the trust depart­ stressed the responsibility one had in completely, and a change of name to ment will be conducted under the drawing another's will, and gave incid­ The Albright Title & Trust Co. present name. ents of expensive litigation and tragic In addition to their former depart­ r esults from certain wills. ments which were four, abstracts, The advertising exhibit at Atlantic mortgage loans, investments and in­ City showed many attractive booklets The Washington Title Insurance surance, they are now enabled to also used to describe the functions and Company has recently purchased out­ conduct a general trust business, es­ services of various companies. right the Snohomish County Abstract crows, title guarantees. One of the very attractive ones was Company, of Snohomish County, TITLE NEWS 21 Washington, of which Everett, a city of forty thousand people, is the county MERITORIOUS TITLE ADVERTISEMENTS seat; and also the Woodward Abstract Company, of that city. The two com­ (Examples of advertisements for the title business. A series of these will be panies have been consolidated under selected and reproduced in "Title News," to show the methods and ideas of Mr. T. E. Skaggs, formerly Secretary publicity used by various members of the A ssociation.) of the Snohomish County Abstract Company, as Manager, with Mr. Frank T. Woodward, of the Woodward Ab­ stract Company, associated with him. Mr. H. L. Oldfield, for many years J President of the Snohomish County Abstract Company, is retiring from active business. The new company will act as agent -. for the issuance of policies of title insurance in behalf of the Washington Title Insurance Company, in Snohom­ ish County, which immediately adjoins Seattle on the north. Seattle is fast extending north into Snohomish County, and in order that title insur­ ance service may be made available to people who deal in real estate and mortgages in Snohomish County and have become accustomed to title in­ surance service, which is almost uni­ versal in King County, it seemed neces­ sary to make this move.

John M. Kenney, energetic secre­ tary of the Wisconsin Title Associa­ tion, was given an expression of ap­ preciation of his good work in the Wisconsin Association sending him to the Atlantic City Convention. He issued a bulletin upon his return home and told in an interesting way Here is one of the "loudspeakers" used by the Land Abstract & his impressions of the meeting, things Co., to tell it to those entering the business district of Cleveland. particularly observed, and gave a good Trust write-up of the convention in general. Its location is at a strategic point where traffic is bottled. The ap­ Mr. Kenney's appearance at At­ pearance is so attractive as to make observers lose any impression lantic City shows that the American Title Association has been in existence that it is a sign. for such a length of time as to bring a second generation into appearance. His father, John T. Kenney, will be re­ membered by many as one of the founders and pioneer workers of the national organization, he having been present at the organization meeting in 1907 and President in 1912-1923.

MAKING IT CLEAR. The salesman put on his most seductive 1'!1 flr~ flrt• o> 11nr1µh unr.•noinliN ttl>m1t tmdin.~ ;~Ion.I .• • •1i1hmA I 1-u• \i&nlf fll 1l1f' ,,·11,.. }I,· 1u1 1lu• wf' 1td1>, smile as the waitress glided up to his table Drmlfnd a 11 il.Mrm•l qf l"iile. in a Chicago hotel dining room and re­ marked: "Nice day, little one." "Yes, it is," she replied. "And so was THE yesterday and my name is Ella and I Ill 'BBARD ... \BSTUACT know I'm a pretty girl and have blue eyes and I've been here quite a while and CO~IPANY I like the place and don't think I'm too nice a girl to be working here. CRK\T FALLS. \10\TANA "My wages arc satisfactory and I don't think there's a show or a dance in town tonight, and if there was I wouldn't Com pl et<' 1\ h~tt·ut·t Uec·ords of go with you anyway. I'm from the coun­ try and I'm a respectable girl and my \II Lol>1 nncl Lant!~ in brother is the cook in this hotel and he Cas<':HI<" County, was a college football player and weighs Montana three hundred pounds. "Last week he pretty nearly ruined a twenty-five dollar a week salesman who "Cal" Hubbard used an order as a good publicity medium. tried to make a date with me."-The How R {) c;\ Seal, Suitabl~ for blott~rs, sign boards, pamphlet or newspaper use, 22 TITLE NEWS

*'~ ,, , .--,,.;,e items, but make no charge for service 1 ~~·~lj~~!!!!~~~~~~~~~~:::=:~::::;:;;:;~~~~~~~~~;;;~~~··3' 1 ~<1 and service is the most expensive part l/f ~ ..i trta\ of the abstract. It is no wonder your , r J client feels as if he were being over- . TH](.§ <.GE r-wlLil-"'lllB§ r:JPJI.lli' r r ~ ' charged. If you were to segregate your charges and include your charge for services, then the charge for each in­ strument would be considerably less and there would be no cause for com­ ISA MEMBER OF plaint. By lumping, the services ren­ dered are included in charges for mat- ters shown in the abstract." ~fbe E!Jn eri cau 'fill c E!ssociati on UNIFORM MORTGAGE ACT TO RE­ CEIVE FURTHER CONSIDERA­ TION PREPARATORY TO RECOM­ .· -·~~- · ~- MENDATION FOR ADOPTION. Endorsed by National Real Estate Con- F ~ .L .--1/ vention at Tulsa. Iv~~ . TREAS UR ER ,. The National Conference of Com- Y:/ / / y;:?_.R-;,?/7 missioners on Uniform Laws unani- ~ L:::J?~ mously voted to put the Uniform j r EXECUTIVE SECRETARY ~ &I ~' • ·,\ Mortgage Act back on the calendar, to ~ ila . _ · ~! recreate the Mortgage Committee and ~ ~~~.. ~~~~~~=s~;;;;~~~~I:;;;;;;;;;;;;;;;;;;;:~~~~~~~~~~~ W-l to refer the proposition to the commit­ ,,~ ~» tee for a sixth draft to be reported on next year. This was done at the meet­ THE AMERICAN TITLE ASSOCIATION ing of the conference in its annual ses­ MEMBERSHIP CERTIFICATE sion held in Denver, July 8. It was not thought wise to put the This is the Certificate of Membership given all members to signify their affiliation Act up for final adoption this year, with the national association. but prospects are favorable for adop­ Any picture frame shop can make an attractive frame with removable back in tion next one. which each year's cards can be inserted. Such a frame adds to the already attractive The National Association of Real appearance of the card. Estate Boards passed a strong resolu­ The state secretaries have been furnished with a supply of these Certificates to tion in favor of the adoption of this send to the state association members upon receipt of their 1927 dues. proposal at its convention held in Tulsa Secure a frame for your Certificate and hang it in a prominent place in the office . recently.

ISSUES VALUABLE DIRECTORY SOME INTERESTING FACTS DIS­ beirig able to certify that you have AND BOOK ON RECENT LAWS. CLOSED BY A SURVEY ON shown all matters of record in the of­ The New York State Title Associa­ ABSTRACT CHARGES. fices covered by your certificate. tion has issued a fine new directory of The following paragraphs are found "The charge for the . judgment its membership. It has also published in a report of a survey made by one searches should be made and based on and distributed a booklet showing the of the state title associations on prices the number of names covered as the recent laws enacted by the state legis­ and customs among the abstracters of liability of error increases with each lature and of interest to the title busi­ the various counties. name. Tax searches should likewise ness. Several of these laws tending to be based upon the number of years benefit property owners and make "A number of counties report curb included and covered by the search. necessary changes in already existing stone abstracters. I do not believe it "In regard to duplicate copies, it laws pertaining to real estate were in­ is necessary to cut rates or give com­ appears that the majority of companies itiated by the title association. The missions to combat this evil. The curb­ charge one-half for the second copy. It booklet describes these laws and the stoner will lose prestige and business is believed that this should be raised reasons they were presented. when you disregard him and attend to a charge of two-thirds for the second The New York State Title Associa· to your own affairs, charge rates to copy and one-third for the third, or tion is another one of the state asso-­ earn a reasonable return on your in­ three for the price of two, double the ciations who the land owners and those vestment put up the prosperous ap­ cost of one. It is just as easy to get interested in real estate owe a sincere pearance you should and by giving the two-thirds as one-half and you know gratitude for the work done in better­ best service possible. you are entitled to it. Every copy ing their local land laws. "Some companies do not segregate made keeps you from making a com­ their certificate charge from that for plete abstract later on and the only Optimism is the courage to speak of the search. It is noticed that the com­ saving by making copies is the expense "my car" in the face of five payments panies which do not segregate their of typewriting. yet to be met, a chattel mortgage, a certificate charge from that for the "Do not make a large number of ab­ garage bill, and license-tag time almost search are receiving considerable less stracts at a low price. Several months due. for their services than the companies ago one company made seventy-five which do, as the charge for the cer­ complete abstracts at -$1.00 each, the Live snakes were used in a recent ballet. tificate runs about the same, with or client paying the cost of printing. But calves still remain the most impor­ without the judgment, tax and assess­ "Some companies do not itemize their tant zoological feature of these perform­ ment search. It seems that the cer­ bills to clients unless request~d to do ances. tificate is a separate and distinct item so. The bill is figured at current rates in itself and the charge for same should but made out in a lump sum and the She-"Would you love me any bet­ not include any searches whatever. theory is that this is the best system ter if I had a million dollars?" "You are entitled to a certificate of billing. When you itemize your bills He-"Certainly not. I'd be thinking charge by reason of having and main­ you charge so much per instrument, so much about the million I'd hardly taining a tract index of your own, and from $1.00 on up, and for other visible think of you at all." TITLE NEWS 23 The American Title Association Officers, 1926-1927

General Organization

President Fidelity Union Title & Mortgage Executive Committee. The Vice­ Term Endin&' 1928. J. W. Woodford, President, Law­ Guaranty Co., Newark, N. J. President of the Association is the Fred P. Condit, New York City. yers and Realtors Title Insur­ Executive Secretary Chairman of the Committee.) Vice-Pres. Title Guarantee & ance Co., Seattle, Wash. Richard B. Hall, Title & Trust Term Endinl' 1927. Tr. Co. Vice-President Bldg., Kansas City, Mo. Henry J. Fehrman, Omaha, Neb. Ill. P. Bouslog, Gulfport, Miss. Executive Committee Atty. Peters Trust Co. Pres. Miss. Abst. Title & Grty. Walter M. Daly, President, Title (The President, Vice-President, & Trust Co., Portland, Ore. J. L. Chapman, Cleveland, O. Co. Treasurer and Chairmen of the Secy. Land T. Abst. & Trust Co. Donze) Stoney, San Francisco, Cal. Treasurer Sections, ex-officio, and the follow­ Henry B. Baldwin, Corpus Christi, Exec. V.-Pres. Title Ins. & Grty. Edward C. Wyckoff, Vice-Pres. ing elected members compose the Tex., Pres. Guaranty Title Co. Co. Sections and Committees

Abstracter& Section. Committee On Constitution and Special Counsel, Market Street Missouri, James M. Rohan, St. Chairman, James S. Johns, By-Laws. Title & Trust Co. Louis. Pendle­ Pree., St. Louis County Land ton, Ore. Henry R. Chittick, Chairman, New District No. 1. President, Hartman Abstract Title Co. Co. York City. New Jersey, Wm. S. Casselman, Illb1ois, H. F. Payton, Spring­ Vice-Chairman, Verne Hedge, Lin­ Solicitor, Lawyers Title & Guar­ Chairman, Camden. field. coln, Neb. anty Co. Pres. West Jersey Title & Secy., Sangamon County Ab­ Secretary, J. R. Morgan, Kokomo, M. P. Bouslog, Gulfport, Miss. Guaranty Co. stract Co. President, Mississippi Abstract, New York, Herbert J. Feehan, Ind. District No. 7. President, Johnson Abstract Co. Title & Guaranty Co. Albany. E. J. Carroll, Davenport, Iowa. Secy.-Treas., U. S. Abstract North Dakota. A. J. Arnot, Title Insurance Section Attorney, Davenport Abstract & Surety Co. Chairman, Bismarck. Co. Connecticut, Carleton H. Stev­ Pres., Burleigh County Ab­ Chairman, Wellington J. Snyder, ena, New Haven. stract Co. Philadelphia, Pa. Committee On Advertising. Secy., New Haven Real Estate Minnesota, W. S. Jenkins, Min­ Title Officer, North Philadelphia Title Co. neapolis. Trust Co. Tom Dilworth, Chairman, Waco, Rhode Island, Walter H. Van­ Pres., Real Estate Title In­ Vice-Chairman, Henry J. Daven­ Tex. Dyke, Providence. surance Co. port, Brooklyn, N. Y. President and Attorney, Dil­ Title Guaranty Co. of Rhode Wisconsin, John M. Kenny, President, Home Title Insurance worth Abstract Co. Island. Madison. Co. W. H. Pryor, Duluth, Minn. Massachusetts, Francis X. Car­ Dane AbRtract of Title Co. Secretary, Edwin H. Lindow, De­ Secretary, Pryor Abstract Co. son, Springfield. Michigan, W. F. Angell, De­ troit, Mich. Arthur C. Longbrake, Toledo, 0. Title Insurance & Mortgage troit. Vice-President, Union Title & President, Real Estate Abstract Guaranty Co. Trust Officer, Fidelity Trust Guaranty Co. Co. District No. 2. Co. Edwin H. Lindow, Detroit, Mich. Pennsylvania, Lester E. Pfeiier, District No. 8. Title Examiners Section Vice-President, Union Title & Philadelphia. South Dakota, R. G. Williams, Chairman, John F. Scott, St. Paul, Guaranty Co. Title Officer, Chelten Trust Chairman, Watertown. Minn. Pearl Koontz Jeffreys, Columbus, Co. Secy. Southwick Abstract Co. Attorney, Guardian Life Bldg. Kas. West Virginia, D. N. Mohler, Iowa, Geo. H. Whitcomb, North­ Charleston. wood. Vice-Chairman, Edward 0. Clark, Committee On Cooperation Newark, N. J. C-o Morton, Mohler & Pet- Nebraska, Alfred L. Hanson, Assistant Solicitor, Prudential Paul D. Jones, Chairman, Cleve­ ers, Attys. . Freemont. land, 0. Virginia, Beverly H. Davis, Rich­ Secy., J, F. Hanson & Son. Ins. Co. of America. mond. Wyoming, R. M. Lamont, Chey­ Secretary, Guy P. Long, Memphis, Vice-President, Guarantee Title & Trust Co. Vice-President, Title Insurance enne. Tenn. Co. of Richmond. Pres., Pioneer Title & Loan Title Officer, Union & Planters V. E. Phillips, Kansas City, Mo. Co. Bank & Trust Co. Attorney, Proctor & Phillips. District No. 8. Frank T. Ewing, New York City. Florida, Eugene D. Dodge, District No. 9. Program Committee, 1927 Con­ Attorney, Metropolitan Life In­ Chairman, Miami. Kansas, Fred T. Wilkin, Chair­ vention surance Co. Mgr. Dade Co. Abst, Title man, Independence. Ins. & Trust Co. J. W. Woodford (The President), E. D. Schumacher, Richmond, C. A. Wilkin & Co. Va. North Carolina, D. W. Sorrell, Oklahoma, Roy S. Johnson, New­ Chairman, Seattle, Wash. President, Title Insurance Co. Durham. kirk. Wellington J. Snyder (Chairman, of Richmond. South Carolina, Edward P. Vice-Pres., Albright Title & Title Insurance Section), Phila­ J. M. Dall, Chicago, Ill. Hodges, Palmetto Bldg., Co­ Trust Co. delphia, Pa. Vice-President, Chicago Title & lumbia. Colorado, J. Emery Treat, Trin­ James S. Johns (Chairman, Ab­ Trust Co. Georgia, William J. Davis, At­ idad. stracters Section), Pendleton, Sydney A. Cryor, Spokane, Wash. lanta. Mgr. Trinidad Abstract & Ore. Attorney, Federal Land Bank. Pres., Atlanta Title & Trust Title Co. John F. Scott (Chairman, Title Cornelius Doremus, Ridgewood, Co. New Mexico, J. M. Avery, Examiners Section), St. Paul, N. J. District No. 4. Santa Fe. Minn. President, F i d e 1 it y Title & Tennessee, J. R. West, Chair­ Avery-Bowman Co. Richard B. Hall (the Executive Mortgage Guaranty Co. man, Nashville. District No. 10. Vice-Pres., Guaranty Title Secretary), Kansas City, Mo. Judiciary Committee Texas, Alvin S. Moody, Houston. Trust Co. Pres., Texas Abstract Co. General Chairman, Noonday Sec­ Lloyd Axford, Chairman, Detroit, Kentucky, Charles A. Haeberle, tion Conferences, 1927 Con­ Mich. Louisville. District No. ll. vention. Special Counsel, Union Title & Secy., Louisville Title Co. Califoria, W. P. Waggoner, Ohio, O. L. Pealer, Warren. Harry C. Bare, Ardmore, Pa. Guaranty Co. Chairman, Los Angeles. William Webb, Bridgeport, Conn. Pres., Warren Guaranty Title Vice-Pres., Caliiornia Title Vice-President, Merion Title & & Mortgage Co. Trust Co. Vice-President, Bridgeport Land Ins. Co. & Title Co. Indiana, Charles E. Lambert, Utah, Alex E. Carr, Salt Lake Rockville. Committee On Publications Richard P. Marks, Jacksonville, City. Fla. Pres., Lambert Title Co. Nevada, A. A. Hinman, Las J. W. Woodford (the President), Vice-President, Title & Trust District No. 6. Vegas. Chairman, Seattle, Wash. Co. of Florida. Pres., Title & Trust Co. of Tom W. Massey, San Antonio, Louisiana, Lionel Adame, Chair­ Nevada. Henry J. Fehrman (the Retiring man, New Orleans. President), Omaha, Neb. Tex. Arizona, Louis J. Taylor, Phoe­ Manager, Bexar Abstract Co. Union Title Guarantee Co. nix. Richard B. Hall (the Executive Stuart O'Melveney, Alabama, Jamee W. Goodloe, Secretary), Kansas City, Mo. Los Angeles, Trust Officer, Phoenix Title Cal. Mobile. & Trust Co. Executive Vice-President, Title Aset.-Secy., Title Insurance Committee On Organization and Co. District No. 12. Membership Extension. Insurance & Trust Co. John E. Martin, St. Paul, Minn. Mississippi, W. R. Barber, Gulf­ Washington, W. H. Winfree, port. Chairman, Forrest M. Rogers, Chairman, Attorney, Federal Land Bank. Seattle. Mark R. Craig, Pittsburgh, Pa. Secy., Miss. Abst. Title & Pres., Kings County Title Co. Wellington, Kas. Guaranty Co. Oregon, G. F. Peek, Portland. Secretary, Rogers Abstract & Title Officer, Potter Title & Trust Co. Secy., Union Abstract Co. Title Co. District No. 6. Montana, W. B. Clark, Miles The President and Secretary of Legislative Committee Arkansas, Elmer McClure, Chair­ City. each of the State Title Associa­ man, Little Rock. Pree., Custer Abstract Co. tions constitute the other members Wayne P. Rambo, General Chair­ Pres., Little Rock Abst. & Idaho, Henry J. Wall, Twin of this committee. man, Philadelphia, Pa. Grty. Co. Falls. 24 TITLE NEWS State A ssociations Arkansas Land Title Association Louisiana Title Association Secy.-Treas., A. J. Arnot, Bismarck. President, Elmer McClure, Little Rock. President, R. B. Hill, Benton. Burleigh County Abet. Co. Little Rock Abet. & Grty. Co. Bossier Abet. & Title Co. Vice.-Prea., J. A. Stallcup, Hot Sprines. Vice-Pres., Frank Suddoth, Crowley. Ohio Title Association Arkansas Trust Company. Secretary, R. A. Querbea, Shreveport. President, Theodore Kemp, Jr., Newark. Vice.-Pres., NE Dist. Will Moorman, Augusta. Caddo Abet. Co. Vice-Pres., Carl H. Beckman, Toledo. Vice.-Pres., NW Dist. G. S. McHenry, Conway. Treasurer, N. K. Vance, Alexandria. Real Estate Abst. Co. Vice.-Pres., SE Dist. M. K. Boutwell, Stuttgart. La. Title & Mort. Co. Secy.-Treas., Geo. N. Coffey, Wooster. Vice.-Pres., SW Dist. A. J. Watts, Camden. Michigan Title Association Wayne Co. Abst Co. Treasurer, Mrs. Stella Parish, Arkansas City. Trucks, Baldwin. Secretary, Bruce B. Caulder, Lonoke. President, Ray Oklahoma Title Association Lonoke Real Estate & Abet. Co. Lake County Abet. Co. Vice.-Pres., W. J, Abbott, Lapeer. President, Vera Wignall, Pauls Valley, Guar· Callfomla Land Title Association. Lapeer County Abet. Office. anty Abstract Co. Searcy, Waeoner, Wag­ President, Benj. J. Henley, San Francisco. Treasurer, Herbert W. Goff, Adrian. Vice-Pres., Howard Lenawee County Abet. Co. oner Co. Abst. Co. California-Pacific Title Ins. Co. Banker, (N. E. Dist.) Tahle­ Stuart O'Melveny, Los Angeles. Secretary, J. E. Sheridan, Detroit. Vice-Pres., J. W. lat V. Pres., Union Title & Grty. Co. quah. Title Insurance & Trust Co. Vice-Pres., S. J. Bardsley, (S. E. Dist.), 2nd V. Pres., Jarvis Streeter, Fresno. Minnesota Title Association Co. Atoka. San Joaquin Abstract President, V. E. Erickson, Aitkin. Vice-Pres., Addie Lofton, (S. W. Dist.) Pur· Srd V. Pres., Jllorean LaRue, Sacramento. Aitkin Co. Abst. Co. & Title Co. cell. Sacramento Abet. Vice-Pres., C. E. Tuttle, Hastines. Vice-Pres., Mrs. A. D. Jones, (N. W. Dist.) Secy-Treas., Frank P. Doherty, Los Aneeles. Secy.-Treas., E. D. Boyce, Mankato. Natl. Bank Bide. Sayre. Merchants Mgr., Blue Earth Co. Abst. Co. Sec.-Treas., Hugh Ricketts, Muskogee, Guar· Colorado Title Association Missouri Title Association anty Trust Co. President, H. C. Hickman, Boulder. President, James M. Rohan, Clayton. Oregon Title Association The Record Abet. of Title Co. St. Louis County Land Title Co. Vice.-Pres., C. M. Hurlbut, Castle Rock. President, Walter M. Daly, Portland. Vice-Pres., C. S. Hotaline, Linneus. Co. The Douelas County Abst. Co. Linn County Abst. Co. Title & Trust Treasurer, Anna E. Allen, Denver. let Vice-Pres., R. T. Yates, The Dalles. Secy.-Treas., T. S. Simrall, Boonville. & Wesco County Abst. Co. The Jefferson Co. Title Co. Cooper County Abst. Co. The Dalles Secretary, Edear Jenkins, Littleton. 2nd Vice-Pres., Geo. H. Crowell, Albany. The Arapahoe Co. Abet. & Title Co. Montana Title Association. Linn County Abet. Co. Secy.-Treas., F. E. Raymond, Portland. Association President, W. B. Clarke, Miles City. & Title Co. Florida Title Custer Abstract Co. Pacific Abstract President, Richard P. Marks, Jacksonville. let V. Pree., C. C. Johnson, Plentywood. Pennsylvania Title Association Title & Trust Co. of Florida. Sheridan County Abet. Co. Vice-President, C. A. Vivian, Miami. 2nd V. Pres., Jamee T. Robison, Choteau. President, John E. Potter, Pittsburgh. Florida Title Co. Teton County Abtract Co. Pres, Potter Title & Trust Co. Vice-President, Allan I. Moseley, Fort Myers. 3rd V. Pres., Marearet M. Egan, Stanford. Vice-Pres., John R. Umated, Philadelphia. Lee County Bank Title & Trust Co. Judith Basin County Abet. Co. Con.-Equitable Title & Tr. Co. Secretary-Treasurer, Geo. S. Nash, Orlando. Secy.-Treas., C. E. Hubbard, Great Falls. Secretary, Harry C. Bare, Ardmore. Nash Title Co. Hubbard Abstract Co. Merion Title & Tr. Co. Aaaistant Secretary, Mia Beck, Orlando. Treasurer, John H. Clark, Chester. Central Florida Abet. & Title Grty. Co. Nebraska Title Association Deleware Co. Tr. Co. Idaho Title Association President, Edward F. Daugherty, Omaha. Federal Land Bank. South Dakota Title Association. President, Henry Ashcroft, Payette. Vice.-Pres., let Dist. S. Stewart, Tecumseh. President, Fred Walz, Milbank. Payette County Abet. Co. Vice.-Pres., 2nd Dist. Alfred L. Hanson, Fre­ Consolidated Abstract Co. Vice-Pres., A. E. Beckman (S. E. Division), mont. Vice President, John Claymore, Huron. Pocatello. Vice.-Pree., 3rd Dist. John lid. McAllister, Beadle County Abet. & Title Co. Pocatello Title & Trust Co. Neligh. . E. Shaw (S. W . Division), Secretary-Treas., Paul M. Rickert, Sisseton Vice-Pres., L. Vice-Pres., 4th Dist., Joel Hansen, Osceola. Roberts County Abst. Co. Caldwell. Vice.-Pres., 5th Dist. F. L. Youngblood, Hast­ Canyon Abst. & Title Co. ings. Vice-Pres., 0. W. Edmonds (Northern Divi- Tennessee Title Association. 1ion), Coeur d'Alene. Vice.-Pres., 6th Dist. J. G. Leonard, Broken President, Guy P. Long, Memphis, Union & Panhandle Abet. Co. Bow. Planters Bank & Trust Co. L. Mann, Emmett, Secy.-Treas., Guy E. Johnson, Wahoo. Chattanooga, Title Secy.-Treas., Karl & Johnson. Vice.-Prea., B. W. Beck, Gem County Abet. Co. Hamilton Guaranty & Trust Co. New Jersey Title Association H. N. Camp, Jr., Knoxville, Com­ Illinois Abatractera Association Sec.-Treas., President, Cornelius Doremus, Rldeewood. mercial Bank & Trust Co. President, Lynn R. Parker, Lincoln. Pres. Fid. Title & Mort. GrtJ'. Co. Vice-President, W. A. McPhail, Rockford. let V.-Pres., William S. Casselman, Camden. Texas Abstracters Association. Holland-Fereuson Co. West Jersey Title Ins. Co. President, J. Grover Wells, San Antonio. Secretary, Harry C. Marsh, Tuscola. 2nd V.-Pre1., Frederick Coneer, Hackensack. Douglas County Abstract & Loan Co. San Antonio Abst. & Title Co. Peoples Tr. & Grty, Co. Vice President, L. L. Bristol, Dallas. Treasurer, Florence Beard, Pittsfield. Secretary, Stephen H. McDermott, Freehold. Pike Co. Abstract Co. Dallas Title Guaranty Co. . Monmouth Title Co. Secretary, M. Tucker We!ls, San Antonio. Indiana Title Association Treasurer, Arthur Corbin, Paualc. San Antonio Abet. & Title Co. Mort. & Title Ina. Co. President, R. W. Miles, Martinsville. Grty, Morgan Co. Abstract Co. New York State Title Association Washlnl'ton Title Association Vice-Pres., Earl W. Jackson, South Bend. President, Henry J. Davenport, Brooklyn. President, Joseph E. Hunt, Spokane. Indiana Title & Loan Co. Home Title Insurance Co. Northwestern Title Ins. Co. Secy.-Treas., Chas. E. Lambert, Rockville. Vice-Pres., George B. Davenport, Brooklyn. Vice-Pres., C. H. Groth, Belllneham. Lambert Title Co. (Southern Section), 208 Montague St. Whatcom Co. Abst. Co. Association Vice-Pres., Clarence B. Kilmer, Saratoga Secy.-Treaa., Robt. W. Elwell, OIJ'mpla. Iowa Title Springs. Thurston Co. Abet. Co. President, O. N. Ross, Oranee City. (Central Section.) Sioux Abs tract Co. Vice Pres., W. R. Campbell, Bath. Wisconsin Title Association. Vice-President, Ralph B. Smith, Keokuk. (Western Section.) Hardy, Jr., Waukesha. Secretary, John R. Loomis, Red Oak. Empire St. Abet. Corp. President, W. H. Loomis Abstract Co. Hardy-Ryan Abstract Co. Treasurer, Fred P. Condit, New York. 1st V. Pres., Fred A. Foster, Fond du Lac. Treasurer, Mary A. Matt, Boone. 176 Broadway, Title Gr. & Tr. Co. Boone County Abst. Co. Fond du Lac Abstract Co. Secretary, S. H. Evans, New York. 2nd V. Pres., Agnes Benoe, Ashland. Kansas Title Association 149 Broadway. Srd V. Pres., H. 111. Seaman, Milwaukee. Dakota Title Association. President, Robt. B. Spilman, Manhattan. North Security Title Co. Vice-Pres., Forrest M. Roeers, Wellineton. President, John L. Bowers, Mandan. Treasurer, W. S. Rawlinson, Crandon. Rogers Abet. & Title Co. Mandan Abstract Co. Forrest County Abet. Co. Secy.-Treas., Fred T. Wilkin, Independence. Vice President, Geo. B. Vermilya, Towner. Secretary John M. Kenney, Madison. Secui;ity Abst. Co. McHenry County Abst. Co. Dane Abstract of Title Co.

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