Page:Federal Reporter, 1st Series, Volume 3.djvu/79

 and upon such terms and for such price as he shall deem proper and sufficient.’ ”

A similar provision is made in said will as to the testator’s share of stock in the Niles Works.

Said will next makes provision for the testator’s sister, Letitia McNamara, and then follows the residuary clause in said will, as follows:

“Subject to the foregoing provisions, and to the dower, distributive share, and allowance for my wife provided by law, I give and devise to each of my five children, Robert, Sarah, Thomas, Joseph, and Fenton, one-sixth part, respectively, of all the residue of my estate, to them and their respective heirs, subject, however, to the following deductions: From the share of Robert, $6,750, being the amount heretofore advanced to him by me; from the share of Sarah, $6,750, being the amount advanced to her; and the other and remaining equal one-sixth part thereof, less the sum of $5,000 heretofore advanced to my deceased daughter, Mary, I give and devise to my said son, Thomas, and his heirs, to hold the same in trust for the two children of my said deceased daughter, Mary, until they become of age, and upon their becoming of age to convey to each, respectively, the equal one-half of said one-sixth part of my estate, and in the meantime to apply the income of their respective shares to their proper education and maintenance, so far as necessary, and the surplus, if any, to invest and hold upon the same trust and use.”

Said will also provides for the payment of the testator’s debts, and authorizes his executor to spend money to purchase, for the benefit of his estate, the fee-simple title to the Merchants’ Hotel property, in Cincinnati, and to complete all contracts of the testator for the purchase or sale of real estate; that the clauses of said will quoted and referred to are ail the parts of said will relating to the disposition of the testator’s estate. And the defendant says that the said executor had no power, under said will, to invest any part of the estate of said testator, in said copartnership, the Sectional Dock