Page:Federal Reporter, 1st Series, Volume 10.djvu/910

 898 FEDERAL REPORTER. �unrestricted. True, upon the view now adopted, there might be for the same non-resident minor two or more independant guardians, but each would simply perform the functions of curator of such part of the estate as might be committed to his custody; and herein I per- ceive nothing incongruous or misohievous. It is not even a novelty, for the same thing occurred anciently in guardianship by socage, where the infant had lands by deseent, both ex parte paterna and ex parte materna. Tyler, Infancy, 237. �It seems to me that upon this construction of the act of 1850 the proceedings in the orphj.ns' court of Armstrong county were conducted thronghout. The appointment of a general guardian wasi neither asked nor decreed. With much precision of language the petition sought the appointment of James B. Neale as guardian of the peti- tioner's estate, of which she was then possessed in right of her de- ceased mother and lying within the jurisdiction of the court. Here were two express limitations; The orders of the appointment, if of doubtful construction, should be read with reference to the petition. Graham v. R. Co. 1 Wall. 704. But, in fact, it is equally definite. It adopted the limitations of the petition. I think it must be held to mean exaetly what it says. To extend it by construction would be a dangerous and unwarrantable liberty. It cannot, of course, be main- tained that Elwina acquired any infcerest in this stock or its dividends through her mother. Mrs. Finlay herself had but a life estate, and Elwina takes her grandfather's bounty wholly under the trust deed. �3. While the trust deed provides that Elwina shall not "sell, dis- pose of, or charge" the said "stock, its accretions, and accumula- tions," without "the consent and concurrence" of such guardian or trustee as the proper court shall appoint for her, it expressly gives lier "thefull right to use and enjoy," for her "own use" and that of her family, all the said "accretions or accumulations," (i. e., dividends.) Now, although yet in her minority, she lias passed her twentieth birth- day, and is married. The clear intention apparent upon the face of the trust deed is that she may freely apply the whole income from the stock to the maintenance of herself and the expanses of her household. It is amoderate provision for these purposes, in viewof her large estate and station in life. 1 see, therefore, no good reason why she should not recoive these dividends directly from the bank without the intervention of either guardian or trustee. The latter would be a mere conduit. Her right thus to receive the dividends was recognized by all the parties in interest in Mr. Brown's life-time, for by his directions the bank carried the dividends to his granddaugh- ��� �