Page:Federal Reporter, 1st Series, Volume 2.djvu/316

 IN RB CORSE. 309 �discretion of the executors. They -were directed to pay over to her on her marriage, or coming of age, the income on her share -which should have accrued during the next preceding year, and as to the principal the will provided as follows : �"I leave it discretionary with my said executors to pay to my said daughter the whole or sueh part of the share com- ing to her, and at such time or times after she shall have arrived at the age of 21 years, as they or the survivor of them shall deem fit and proper; but it is my will if she shall marry a steady, temperate and prudent man, then, and in that event, I direct my executors to pay her one-third of the accumulated principal of her share in one, one-third in three, and the remaining one-third thereof in five years after she shall have married, and after she shall have arrived at 21 years of age ; it heing understood that it is my will that my said daughter shall receive annually, after she arrives at 21 years, the interest, income or profits of the share belonging to her and remaining in the hands of my executors." �The will gave the executors fuU power to sell the real estate and invest the proceeds in bond and mortgage on unencum- bered property. Until the sale of the real estate the will empowered the executors "to take possession" of it, "to culti- vate, work and lease the same in such manner as shall be most productive and beneficiai to the interests of my said estate," and "to apply so much of the annual profit, increase and income of the said real estate to the necessary improve- ments and repairs thereof." �Soon after the marriage of the daughter — this claimant — she became dissatisfied with the executors' management of the estate, and they were cited before the surrogate to account. This proceeding led to an arrangement being made by them with the bankrupt and his wif e, by which ail the daughter's share of the property was to be transferred to her husband at her request, he giving them a bond of indemnity. To carry this arrangement into effect the following written instruments were executed : Mrs. Corse executed, under seal, an agree- ment with the executors, dated March 3, 1866. It recited her interest under her father'a will, her marriage, and tho ����