Page:Federal Reporter, 1st Series, Volume 10.djvu/874

 862 fedbbaIj bepqbteb. �that could be claimed would be that, as the testator directed the money to, be paidto Samuel W. Worthington, trustee, he ~was authoriEed to execute an acquittanoe and release of the land, and that i^stianger who innoeently relied upon sueh a release executed by him could not be injured by the faot that the money had not been actually paid. Conceding this to be so it does not touch the present casei Thereis no release or acquittance executed by Samuel W, Worthington upon "which any one could have relied. Exhibit T is a paper signed and acknowledged by Mrs. Dickinson and by no one else, and is in fact nothing more than a statement made by her that the money had been invested to her satisfaction, and that she released the lands and the trustee from all liability therefor. This was a gratuitous and an idle statement on her part, not true in point of fact and of no effect what- ever. She was not the person to receive the money or to invest it ;* she was not even to be consulted as to its first investment. The paper was nugatory for any purpose whatever. Granting that, al- though she was a married woman, she could, under the powers given to her by the will, have receipted in advance for all the interest there- after to accrue during her life-time, or could have assigned her life interest absolutely, such effect oannot be given to this paper, as it does not, upon its face, purport to do any such thing. Nor is it a paper whioh is evidence of any purpose or contract on her part to do anything with reference to said money eharged on the land, or the interest thereon, which is within the limits jms disponendi under the will. �I am, therefore, of opinion that the $7,000 eharged bythe testator upon his lands stands just as if the paper, Exhibit T, had never been executed. �2. With regard to the $3,000 held by Samuel W. Worthington as trustee for Mrs. Dickinson, aud invested by him in a mortgage exe- cuted to him by Thomas L. Worthington upon a part of the land devised by the testator, which mortgage was subsequently released by said trustee without Mrs. Dickinson joining in the release, I think it plainly appears from the express limitations contained in the bill that the trustee had no power "to collect the amount due on the mortgage, and release the same," without the consent of Mrs. Dick- inson, evidenced by her being a party to the deed of release, and signing, sealing, and acknowledging it. �This mortgage, therefore, stands unafifected by the release, (Ex- hibit L.) ��� �