Page:Federal Reporter, 1st Series, Volume 7.djvu/624

 612 FEDERAL REPORTER. �complainant, relying as he alleged upon the agreement before recited', procured an appointment as the guardian of Aima, and executed the bond before meationed ; and, having qualifled as such guardian, he collected from the Insurance company, on or about October 25, 1878, the sum of $1,755.12, and deposited the money in the bank, at 4 per cent, interest ; and about the thirteenth day of May, 1880, the sum of $1,650, part of the proceeds of said policy, was used in the purchase of certain real estate situated in Milwaukee, the title thereof being taken in the name of Pranziska Brockhaus. And it was alleged that this property is yield- ing some income, which enures to the beneflt of the trust fund created by the before-recited agreement. �It was also stated in the bill that complainant, in the matters af oresaid, had acted in good falth, prompted by no other consideration than the welfare of his family, and a desire, in case of his death, to equally dis- tribjite among his children whatever might be thus saved for them ; but that the defendant Aima Kemna, acting uhder the influence of her hus- band, had commenced the suit before referred to against him and his sureties on the guardian's bond, and was therein demanding a judgment on the ground that coinplainant had converted to his own use the moneys received upon the policy of insurance in which she was named as beneficiary. �These were the material allegations of the bill, the prayer of which was that the control and disposition of Ihe insur- ance money, alleged to have been exercised and made, be quieted and affirmed by decree of this court ; that the defend- ant Aima Kemna be restrained from in any manner claiming that a breach of the conditions of the guardian's bond had occurred, and from further prosecuting her action at law against the complainant and his sureties upon the bond ; and also that, if the agreement before recited should be found not to sufficiently express the intent of the complainant in providing a trust fund, and for the eventual disposition thereof, or that upon its face it is ambiguous, or likely to cause misunderstanding between the parties thereto, it might be reformed, so that it should oonform to the original inten- tion of the parties, and be effectuai for the future discharge of the trust alleged to have been thereby created; and that all the rights and obligations of the parties growing out of the insurance policies might be defined, settled, and ad- judged. �The bill was demurred to on the general ground of want of equity, and for multifariousness. ��� �