Page:Federal Reporter, 1st Series, Volume 2.djvu/148

 BOTD V, BOYD. 141 �that he bas full power as survivor, without regard to any power as executor, to manage and eontrol ail our partnership prop- erty and effecta, and the proceeds thereof to invest in further purchasee of any kind for the benefit of our said partnersbip, and to increase and extend the same, and to manage and dis- pose of the same, and to sell or exchange any portion thereof, if deemed most advantageous by bim for the benefit of our said partnership, as we could do if both were living, it being my preference that land and slaves be preferrcd in purchas- ing, especially in regard to the proceeds of any sales of land or slaves by my said partner. �"8. In regard to the division of said partnersbip property betv?een said Ballard and my estate, I direct the probate judge of Adams county, for the time being, under his private seal, to nominate one judicious and disinterested person, who sball act witb such otber as may be appointed by and on bebalf of said Ballard, or his estate, in making said division, and should they not agree then the two to select a third man as umpire, and the conclusion thus arrived at, in either way, sball be final. In regard to the division herein provided for of my estate among my children and wif e, I direct my executor to make a like selection of suitable persons to make the same. In regard to both of said divisions, I mean and intend by the above to include. the appraisement of the shares, as well as the aotual procesB of division by lot. �"9. I appoint my friend Eice G. Ballard riiy executor, t?itb full power to carry into effect eacb and every clause of my will, and to manage and employ for the benefit of my estate ail my property, and the income thereof; to invest the same and the proceeds thereof, and to sell or exchange aniy part thereof, and to re-invest the same as he may deem most ad- vantageous to my said estate ; and such sales, purchases and investments lie may make publicly or privately, and with or ■without any order of court, as he may prefer. He may settle, adjust, and compromise ail claims and demands against me or my estate, but not to pay any money demanded barred by the statute of limitations, unless be knows the same to be due and correct ; and to assist bim in the proper performance of hia ����