Page:Federal Reporter, 1st Series, Volume 2.djvu/147

leO FEDERAL REPORTER. �that is — First, from the income and profits of my private and individual estate ; and, secondly, from the income and profita of my partnership estates, as hereinafter named and indi- cated; and in the last case whatever amonnt is taken from the proceeds of the partnership property, a like amount is to be deducted and transferred to the private and individual accoimt of the surviving partner. �"6. It is the understanding and agreement between me and my partner, Eice C. Ballard, that the planting partnership alluded to above shall be continued, notwithstanding the death of either partner, for the period of 12 years from the first of January, 1856, in the same way and with the same force, authority and right in the survivor as if both were living; and I therefore direct that at that time, or as Boon thereafter as all the partnership debts are paid, the whole of our said partnership as it may then exist, and wher- ever it may be, shall be divided into two equal parts, any necessary inequality to be made equal by money, and the part then belonging to my said estate and to my said partner, or his estate, if he be dead, to be ascertained by lot ; and there- upon I direct all my property, of all kinds and descriptions, be divided into as many equal parts or shares as will corre. spond to the number of my surviving children and wife, count- ing my wife as a child for this purpose, and my said estate I give and bequeath to them in said shares, the share of each to be ascertained by lot, each share being made equal to the other, as in the above case, and each to have an equal share thereof, as aforesaid, in absolute estate and forever, my wife included. Should any of my children die bef ore said distribution is made, leaving issue surviving at the time of said distribution, then such issue are to take the place of such deeeased child ; and after said distribution should either of my said children die leaving no issue surviving, I direct that the share of such child shall be distributed equally among the surviving brothers and sisters of such child. �"7. In order that my said partner surviving me may be freed from embarrassment in the management of our part- nership affaira till the time of the aforesaid division, I state ����