gressive, change, such change of chan-
del works no change of boundary.

Ib.

4. The right of access to navi-
gable water of a riparian proprietor
on the Ohio river is subordinate to
the power of congress over subjects of
inter-state commerce. Coal Co. v.
Railway and Bridge Co.

35

5. Congressional authority to
erect a bridge between Kentucky and
Ohio is an exercise of power over inter-
Ib.

state commerce.

6. Hence, a riparian proprietor
on the Ohio river cannot enjoin the
erection of a pier for such bridge op-
posite his front but below low water
mark authorized by congress and the
two states.

WILLS-

Ib.

1. Where a will points to a pe
riod of distribution of the estate, the
words" die without issue," are to be
restricted to death without issue prior
to the period of distribution. Pendle-
ton v. Bowler.
551

2. A construction of a will that
ties up an estate is not favored. Ib.

3. In proceedings to admit to
record in this state authenticated cop-
ies of wills probated in other states, it
is competent for the court to admit
persons to appear in such proceedings
for the purpose of adducing evidence
and taking other steps adverse to ap-
plicants. In re Barr's Will.
910

4. In such proceedings the court
may require the applicants to furnish
security for costs.
Ib.

5. To avoid a will, it is not
enough that a delusion may exist in
testator's mind, but its connection
with his will must be made manifest,
and shown to have influenced its pro-
visions before the will can be set aside
and declared void by reason of it.
Edwards v. Davis.
876

6. The burden is on contestants
Lo show, not only that the delusion ex-
isted, but also that such delusion af-
fected the testator in the very act of
making the will.

Ib.

7. The court may direct the jury
to return a verdict sustaining a will
where the testimony introduced does
not tend to prove the issue on the part
of contestants.
Ib.

8. Appeal does not lie to the
common pleas from a judgment of the
probate court in refusing to admit to