Page:Federal Reporter, 1st Series, Volume 7.djvu/578

 5M. FBDiBBiLiL BBPOWrEB; �I, • HBBCMAife V, ScHMAtTz, and anoiher. �,, ' ' (Circuit Court,' E. D. Wi»conain. May 28, 1881.) �1. EiiPBfciSB Tbusts— RBf. 8t. Wis. 4,2081, Subd. 5. . �An. express trust to rent and sell lands for the benefltot the grantor iuring hls life, and of other persons after his death, may be lawfully created under the flfth subdivision of section 2081 of the Bevised BtatTites of Wisoonsin. �al-^AME^BUPPLEMBK-TABT INSTRUMENT. �. : Where tl^e beneflciaries pf sucH trust, othw than the grantor, are named in a ^upplementary instrument, of a later date, both instru- ments may be regarded as one in the construction of the t^st. �3. Same— Design ATioK op Bbnefioiakies. �The designation of certain contingent beneflciaries as a class, and hot by Dame, will not renderauch trtiat roid for indeflniteness. �4. PoSSKBStON— TlTLE'— ESTdPPKIi ■ �A ; vendee who ehlpra into' possession under a con tract of purchaJso is estopped from denying the title of his vendor so long as he retaios possession under the contract. �6/ Bame— Evidence— Kev.Sic. Wm,, H 4069,4070/ �Verbal admissions by the veiidee that heentered into possession under such odihtieKSt, and that W had Jiever paid anythiilg on the eamts, are nptrfendered iaaiiraissible in eTiidence, npon the subsequai»,' utes of Wisconsin.— [li>. �Ejectaiisnt. ■ - ; ' - �Jenkine,Elliattarde Wall, for deiena&niu. �Dyer, D. J, This is an action of ejectment, to recover tho possession of 140 acres of l&nd- in Milwaukee county,' 6c- cupied'by the defendant' Scfhmaltzy as leesee of the defend- ant Merrick,' wb© claimS;Ownershij) in hostility to the title of the plaintif. The defence consista of a deniai of the plain- tiff's title, and of adverse possession for a periodof 20 years, which possession is also asserted for a period of 10 year.s under claim of title founded upon a deed from one Ellis Worthington to Levi J. Merrick, father of the defendant Levi C. Merrick. �The case has been tried without a jury, the parties having ��� �
 * de^th pf the vendee, by sections 4069 and 4070 of the Kevised Statr;