Page:Federal Reporter, 1st Series, Volume 10.djvu/906

 894 PEDEEAL REPORTER, �notice of the calling in of the outstanding warrants of said county bas been given." �Tbe return here referred to is spread at large upon the record of the county court in the proceedings under the call, and is made part of it, and discloses on the face of it the defeot in the proof of publica- tion which we have pointed out. Where, as in this case, the proceedings are had under special statutory authority, not according to the course of the common law, the recital of due notice must be read in connec- tion witb that part of the record whicb gives the officiai evidence prescribed by statute. No presumption will be allowed that other or different evidence was produced, and if the evidence in the record ■will not justify the recital it will be disregarded. Settlemier v. Sulli- van, 97 U. S. 444; Galpin v. Page, 18 Wall 350. �McCbari, C. J., concurs. ���TjiNTON and Wife v. First Nat. Bank op Kittannino and others. [Circuit Court, W. D, Pennsylvania. March 11, 1882.) �1. Name — RioHT TO Change. �At common law a man may lawfully change his name, and he is bound by any contract into which he may enter in his adopted or reputed name. and by his known and recognizcd name be may sue and be sued. �2. PlBADIKG — InSUFFICIBNT Pi,BA. �' In a suit by husband and wife, in her behalf, a plea which alleges that the surname in which they sue is not the husband's real name, but which does not deny that it is his known and recognized name, is bad. �3. Guardian — Appointment — Scopb of Authority under. �An appointment by an orphans' court in Pennsylvania of a guardian for cer- tain designated estates of a non-resident minor, lying witliin the jurisdiction of the court, does not operate so as to constitute the appointee the general guard- ian of all the estates of such minor within the commonwealth, but the guard- ianship is limited to the particular estates mentioned in the petition and order. �4. Trust Dbbd— Rioiitb of Bbnbficiaky — Minority — Effect of Marriagk. �Where B., in consideration of love and affection for his granddaughter, a minor, set apart for hor separate use certain bank stock, the trust deed provid- ing that she should not " sell, dispose of, or charge" said stock or its dlvidends without the consent and concurrence of such guardian or trustee as the proper court might appoint for her, but giving her " the full right to use and enjoy" for her " own use" and that of her family all the dividenda, the cestui que trust having attained her twentieth birtbday, and being then married, Tield, that she was entitled to receivo the dividends directly from the bank without the inter- vention of eilher ifuai-dian or trustee. ��� �