Page:Federal Reporter, 1st Series, Volume 7.djvu/579

 stipulated to submitit to tfcc>,(}ourt. / By regular chAIn of conveyances from the gover:Om.eut,''the plaintjfi proy^,4jtitl9 in one Joseph Fellows, the plaintiff's: g^aijtor, now depeased. By deed of trust executed October lO, 1868, Fellows con- veyed the premises in question, with other. lands in. Penn- sylvanie and lOther states, to the plaintiff.; the granting clause in the deed, with its provisos, being as follows : �"Now, therefore, I, the said Joseph i^llow8,.in coqsideration of the prem- ises, also of one dollar to me paid by the said Jo^ujHeerinans, the re- ceipt whereol is acknowledged, haye sold, and by these presents do grant, release, and cenvey unto the said John Heefmans, Uis helrs-and assigns, forever, all myrealand per^onalestatesituated ii^thj^seter^l'stateaaforc- said, tohaveai^d tphold the ^me unto the s^id John Hee^^ns, his heics and assignsjf crever : provided, always, that tlje ^aid John Heermans stiall sellthe said granted lands by reMiiorthebest priees that 'Canbe got for the same, andconvey.the sama in f ee-simple to purehasers, with coMenaajts of warrantybindjngmyheirs to warri^nt and defend il^e. tifles tp the lands 80 to be sold and conveyed ; apd, until the said Ij^ndsshall^e sold as afore- said, he shall rent such of them ak cftn be rented for' the fceat priees 'ihat can be got. He shall collect all debts owing to Aiefand execSite deeds as aforesaid for all lands now undcr contract :Pf .s^ejrpn t|i^;P^y^n;( of debts owing on them, respectively. The availp of the said real.and Per- sonal estate shall lie paid, distributed, and disposed of as MllpVs : 'Flrsi, to defray the expenses of this trust, to wit, 6 per'cent; POnamiSsion on all money received and. paid out, and: ait nec^ssary andTeastaable ex^ead- itures in and aboutthe execution of the trvi8t,ixicluding local agenoies ; seconcUy, during my lif e the residpe of all moneys rtceived shal,l be paid Dver to me, or appropriated to iny uses under riiy dii^ction ';' «AiVtw^, if ter my decease, and after the paymentof all niy ja^ ancl legaldebts and the tixpense of the trust as aforesaid, the residue ghall bedistributpd a» d irected in a writing supplementary to this deed, to be exeeuted by me hereafter ; or in case that such writing shall iiot be executed, then the said fe^idue shall be distributed to iny heirs according to the laws cif thestftfce of'New York." . ■,. ',■ ■ ■, ; ;■ _, .,, ■ , �By a supplementary instri«i(ient in writin^;!^ eccouted Octo- ber 15, 1868, Eellows directed the av^il^pf bisjproperty ,£ifl,d certain real estate to be distributed and, pqnyey^^, ^f|teE;fiis ilecease, among certain relatives n,ame^, ip:;C^rta.iii spj^qifted proportions, .with furthejr directionji that-thc: ^^.res of .|uch,pf the residuary phar^holdera as ^hould die( b^fqre his dcceftse Bhould be distributed among 4Jieirchildrep,re8peptively,:apr cording to law. Tlfese instruna^nts j^efip.lpjaeciatea in- the st^te of New York,. where Fellow9xe§|^e,^;and jyyberie he ^64,9'^^'^^^ ��� �