Page:Federal Reporter, 1st Series, Volume 4.djvu/152

 138 FEDBEAL EEPOETEB. �clearly seems to be the opinion of the supreme court of the United States, that the owner of property bas the right to provide that his estate may be held in such a way that his children may receive the rents and profits of it during their lives, so as to not go to the benefit of creditors, if his children are inaprovident or unfortunate, It seems clear to my mind that was the purpose of the testator in this case. It is true that he does not make use of the language employed in some of the wills which have corne under the cognizance and exam- ination of the court, where they have declared that the prop- erty is to be held free from creditors ; but I think language equally explicit bas been used in this clause of the will to ehow that was the intention of the testator. Looking at the general scope of the provisions that he made in relation to his children, this is manifest. For instance, he provides that certain portions of his estate shall be conveyed to trus- tees, so that one-half which he intends for the benefit of his children shall be conveyed to them absolutely, in fee, to be disposed of as they may see lit, thus giving them the absolute control over one-half of the estate which he directed to be held and enjoyed by his children. As to the other half, the will says that should be held in such a way that his children, during their lives, should not have control over it. The trus- tee is to hold it for the use and benefit of eaoh child during his or her life, and then it was to descend tO his or her hoirs, without any power during ail this time, or right on the part of said child, to encumber the estate or anticipate the rents thereof. �The object seemed to be to deprive the child of any power over the estate. It was to be held by the trustee. The child had no right to encumber the estate, or even to anticipate the rents accruing from it. And then, again, as if to render it perfectly clear, this additional clause is inserted: "The trus- tee shall collect said rents, and, after paying taxes, Insurance, and keeping the property in repair, pay the rent to the child in person." My opinion is that, under this clause of the will, and under the deed of trust which the trustee has, and by which he holds the property in controversy in this case, he ����