Page:Federal Reporter, 1st Series, Volume 7.djvu/585

 aSERMANS !P.. SCHMAliTZ. i8i8 �expressed vand deunea m isni-da they relate to F«Uows, the grantor.. TMswas not questioned on the argument.;; After the d«cease of OPelldws-ibiwasi provided that his debts and tiie expanses of the t^ust should be paid, and then that the residue shoald be distribJdted as diiected m;a Bupplementary instrument to be «xecuted.' By that instrument the grantor directed — Firafi the paymentjof. certain iifeiannuities to sib- t'ers, brothers, nephews, nieee&,. and otker relatives, all of •whom ar« namedi.«econilj/iithat Heermans- "convey to the children ©f my niece Phebe'Wynkoop surviving mei-*iith a life estate to the said Phebe Wynkoop, the faf m on Whieh she now resides, " etc. ; thirdly, that oon^eyance be made to Nile ■F. Wyntoop of a certain other farm, and that his brother Sylvaiius Fellows and wife, or their survivor, shall have:the use of certain propertydescribed; /oMriWi/, that the residue of the avails of his estate shall be divided equally among his nephews and nieces, all of whom are named; and as part of this residuary clause it is provided' that "the shares of such of the afoiesaid jesiduary shareholders as shall have died prior to i my death shall be distributedtp their. children, re- specti*fely, aecqrding to law; or in case that they, or aiiy of themj havc no child or children surviving me, then .speh shareor shares shall be extinguished'and ignored in the dis- tribution." ,; '. : As before» stated, the two instruments of October lOth and 15thjmuet be treated as ©ne instrument, in arriving at the. entirQ trust which they create. As to all the beneuciaries named in the Bupplementary instrument, there can be no doubt that the trustas sufficiently expressed. and defined. But itis daimed that the persons who are to take under the second clause of; the instrument, and those who are to receive . property under the residuary clause in case any of the per- spns named therein die before the decease of the grantor, should have been desiguated by name, and that this omission leaves the trust so far uoexpressed and undefined as to inval- idate the instrument as a oonveyance in trust. • I am unable ,to concur in that.viev?, Most of the ultimate recipients of ��� �