Page:Federal Reporter, 1st Series, Volume 7.djvu/20

 8 FBDBBAI^ HBPOBTBB. �tbwty ^ays' notice of the time and place of such sale, in the iaann'Et specifically provided in said deed, and ont of the ptoceeds to pay said indebtedneso and the cost of sale. On the twentieth of June, 1859, after the making and recording of said trust deed, Johnston sold and oonveyed the premises to John A. Washington, snbject to the trust deed, and by the terras of the conveyance "Washington assumed and agreed to pay the indebtedness secured by said trust deed. �On the thirteenth day of September, 1861, John A. Wash- ington died intestate, leaving, as suryiving heirs, his children, Louisa F., Jane E., Eliza S., Anna M., Lawrence, Eleanor, and George, who, with the husbands of the married daughters, are the coiiiplainants in this casei Byhis last will and testament, beafing date on the fifteenth of August, 1861, John A. Wash- ington, after bequeathing to his son Lawrence certain family heir-looms, mementos, books, and manusoripts, disposed of the residue of his property in the following terma : "(3) > I give all of the property of which I may die possessed, other than that just mentioned, to be equally divided among my children as . they respectively become 2l years old, and until then to be maintained and educated out of the proceeds arising from it. (4) I constitute and appoint my brother Eichard B. Washing- ton, and my friends William Fontaine Alexander and Edward C. Turner, exeoutors of this my last will and testament, and I hereby empower them, or the survivors or' survivor of them, to sell any property of which I may die possessed, and which js beyond the limits of Virginia, in such manner and on such terms and for such price as to them or him shall seem best for the interest of my children, and to re-invest the proceeds arising from such sale in such other property as they may think best for my children." The will was duly probated in Farquier county, Virginia, in November, 1861, and letters testamentary issued to Eichard B. Washington as sole executer; Alexander having died and Turner having renounced all rights as executer under the will. �In December, 1861, Eichard B. Washington, as executer of John A. Washington, gave to George H. Hughes two contraets in writing, by the terms of one of which Hughes was to con- ��� �