Page:Federal Reporter, 1st Series, Volume 10.djvu/907

 lilNTON V. FIEST HAT. BANK OW KITTANNING. 895 �In Equity. �H. d G. C. Biirgwln, J. P. Colter, and Geo. W. Guthrie, for com- plainants. �D. T. Watson, for defendants. �AcHESON, D. J. This is a suit in equity against the First Na- tional Bank of Kittanning, Pennsylvania, and James B. Neale. The bill describes the plaintifis as Adolphus Frederick Linton and Phebe E. B. Blwina Linton, his wife, aliens, subjects of her Britannic Maj- esty Queen Victoria, domiciled in the kingdom of England. The par- ents of the wife ^vere John B. Finlay and Jane B., his wife, who was a daughter of James E. Brown, all of whom were resident at Kittan- ningi Armstrong county, Pennsylvania. Jane B. Finlay died Decem- ber 30, 1876; James E. Brown died November 27, 1880, The^ bill alleges that Miss Finlay was born February 18, 1862, and was mar- ried Decepiber 10, 1878, at the British emhassy at Paris, to the plain- tifif Adolphus Frederick Linton, a British subject. �On the tenth of August, 1865, the said James E. Brown, in consid- eration of love and affection for his said daughter and grand- daughter, by an instrument of writing gave and assigned to their use 610 shares of the capital stock of said bank, upon the condition that the same should remain in his name and under his control as trustee during his life, for the sole and separate use of his said daughter during her life, "and after her death for the exclusive use of her said daughter, Phebe E. E. Elwina," free from all debts and contracts of their husbands, respectively ; neither to sell, dispose of, or charge the said stock, "its accretions and accumulations," without his consent, or that of. such guardian or trustee as the proper court should ap- point for his said granddaughter after his death: "provided, how- ever, that the said Jane, during her life, and the said Phebe E. E. El- wina, after the death of the said Jane, shall have the fiill right to use and enjoy for their own use, and that of their respective family or families, all or any part of the accretions or accumulations of said capital stock, and that the receipt of either of said beneficiaries, while being such, shall be a full discharge of myself or guardian or truste© as aforesaid for such accretions or accumulations, in whole or in part, as the same shall be received by them." �It appears that on April 1, 1878, the petition of Miss Finlay, then residing in the state of New York, was presented to the orphans' court of Armstrong county, Pennsylvania, for the appointment of a> guardian. That petition (omitting the address and signature) is in these words: ��� �