Page:Federal Reporter, 1st Series, Volume 7.djvu/196

 18e FEDERAL REPORTER. �estate. This will include her one-third part of the 10 shares Meclianics' Bank stock, and nine shares of the Bank of Commerce, and her third of the notes received for the Florida land. I hope the children are improv- ing, etc. * * * Their income is limited, without the notes of Rev. Mr. A. and those for the land, to between $500 and $600 each, so long as the banks continue to pay regular dividends as they have done." �From the date of that letter defendant's testator charged himself in his accounts as guardian with the receipt of the dividends on the said one-third of the ten shares Mechanics' Bank, and on the nine shares Bank of Commerce, one-half in the account with each of the wards. Among the assets and papers transferred by the defendant's testator to Mr. Micou, upon the appointment of the latter as guardian in 1867, as appears by the receipt of Mr. Micou given therefor, are the following : �" The conveyance of Richard M. Abercrombie, dated tenth of May, 1859, of all he then had or mlght have in the estate of W. W. Sinis, in right of his late wife, then deceased;" "two notes, each for $2,750, dated April 15, 1859, of the said Rev. Richard M. Abercrombie, payable six months after his decease, without interest;" "No. 136, Bank of Com- merce certiflcate for nine shares stock for Mrs- M. C. Abercrombie, eighth July, 1857." �I think it is a fair inferenee from the letter, the recitals of Mr. Micou 's receipt, and the continued collection of the divi- dends by the guardian, that Mr. Abercrombie made an imme- diate surrender to the guardian of his wife's interest in the 10 shares of the Mechanics' Bank stock, and the nine" shares Bank of Commerce stock. Without these other circumstanees the letter might have been taken to import that his surren- der of these stocks was to take effect only at his death ; but in the light of these circumstanees, which strongly tend to show that a present surrender, at least of these two pieces of property, was made, I think the conclusion of the master was correct that defendant's testator could, by proper effort on his part, have reduced these stocks to his possession. It is true that to do so, and to vest the legal title in the guardian, it would have been necessary for some one to have taken out letters of administration on the estate of W. W. Sims, and also on the estate of Mrs. Abercrombie; but it is not to be presumed, in the absence of evidence, that this could not ��� �