Page:Federal Reporter, 1st Series, Volume 9.djvu/90

 tJNITBD STATES V. GILLBSPIE. T5 �having first duly made and executed his last will and testament, bearing date October 1, 1873, and a codicil thereto, dated June 5, 1875, by whieh will and codicil, after certain specifie bequests, he devised and beqaeathed all the residue of his estate as f ollows : �" I give, devise, and bequeath all the rest, residue, and remainder of my estate, real and personal, and of every kind whatsoever, of which I may die seized and possessed, and to which I may be at niy death entitled, unto my exec- utors, in trust, to expend and apply in reducing the national debt of the United States of America, contracted in the course of the rebellion of 1861. In the execution of this trust my executors, as trustees, may use their dis- cretion as to the manner of applying the said residue and remainder of my estate to the reduction of the said debt; but I strictiy enjoin them that they personally superintend the application of the said residue and remainder to the purpose aforesaid, that there may be as little waste of it as possible, and that it may not be diverted to other uses by dishonest officiais." �It further alleges — That the executors propounded the will for probate in the prerogative court of New Jersey about the flfteenth of May, 1877 ; that th'e same was admitted to probate, and letters testamentary granted thereon to the said executors on the twenty-ninth of May, 1878; and that they thereupon took on themselves the administration of the estate, and have thereby obtained the possession of and now hold United States bonds and securities, and other property of great value, belonging to the said Lewis at the tlme of his death. �The bill states various other matters, to which it is not deemed necessary to referin this connection; and, after alleging that the will has created a trust in favor of the United States which the defend- ants are legally bound to execute, and that the United States has full right and power to enforce its performance in this court, it prays — �That an account of the estate of the testator, and of the receipts and disburse- ments of the executors, shall be taken and audited, and that the debts, legar oies, and expanses remaining unpaid shall be duly paid, under the direction of the court, in due course of administration ; that the amount of the net residue, applicable to the reduction of the national debt, shall be ascertained and set- tled; and that the executors shall bring the funds in their hands into the court to abide the administration thereof, and the decree to be rendered therein; and that it may be adjudged and decreed that the said bequest in favor of the United States is valid and operative; and that the defendants be decreed to execute the trust in regard to the residue of the estate; and that the defendants shall answer, state, and set forth liow they propose to perform and fulfil the trust, after the residue of the estate bas been ascertained ; and that, if such proposai be satisfactory to the court, the defendants shall be authprized and directed, by the decree of the court, to execute the said trust in the manner so proposed ; and that the complainant may have such other and further relief in the premises as the nature of the case may reqilire. ��� �