20.  Evidence  which,  if  admissible,  was  a  part  of  defendants'  case  in
chief  was  properly  excluded  after  they  had  rested  and  plaintiffs  had
introduced  their  evidence  in  rebuttal. — Roberts  v.  Oechsli,  589.
EXCEPTIONS.
Necessity  of  charging  in  information, — see  Criminal  Law,  1.
See,  also,  Statutes  and  Statutory  Construction,  18.
EXECUTORS  AND  ADMINISTRATORS.
See,  also,  Probate  Proceedings.
Liability  for  Attorney's  Fees.
1.  The  employment  and  payment  of  counsel  by  an  executor  are  mat-
ters of  personal  and  private  contract  between  the  two;  hence  the  former
has  no  claim  against  the  estate  for  his  compensation,  and  if  the  latter
does  not  voluntarily  pay  for  the  services,  the  attorney  must  seek
redress  in  an  ordinary  action  at  law  against  him. — State  ex  rel.  Eisen-
hauer  v.  District  Court,  172.
Allowance  of  Attorney's  Fees — Jurisdiction.
2.  An  executor  may  reimburse  himself  from  the  funds  of  the  estate
in  his  charge,  for  money  necessarily  expended  by  him  for  legal  ser-
vices, b>  presenting  his  claim  therefor  for  allowance;  but  until  the
attorney's  fee  has  been  actually  paid,  there  can  be  no  claim  presented
for  approval,  and  the  court  is  without  jurisdiction  to  allow  any  amouut
for  such  expenses. — State  ex  rel.  Eisenhauer  v.  District  Court/  172.
664  Fraud,

EXEMPTIONS.
Duty  of  Claimant.
1.*  Where  a  debtor  owns  more  property  of  a  given  class  than  the
law  exempts,  he  must,  in  order  to  secure  the  benefit  of  the  exemp-
tion, identify  the  property  he  claims  as  exempted  and  segregate  it
from  the  portion  liable  to  seizure. — Tetrault  v.  Ingraham,  524.
Waiver.
2.  The  right  to  claim  property  as  exempt  may  be  waived,  and  is
waived  when  it  is  sold,  since  one  cannot  claim  exemption  in  property
which  he  does  not  own. — Tetrault  v.  Ingraham,  524.
