Page:Federal Reporter, 1st Series, Volume 4.djvu/151

SPINDLE V. SHEEVE. 137 �person, quarterly, or as the same may be colleeted, according to the tenns of the lease. The other half of each share I wish conveyed to each child in fee, to do with as he or she may please. " �One of the children, Charles TJ. Shreve, became bankrupt after the terms of this part of the will were complied with, and after a certain portion of the estate was conveyed to a trustee for his benefit, in which were the lots of land situated in Chicago, so that the trustee, at the time that Charles U. Shreve became a bankrupt, held these lots as ti^ustee, under this provision of the will; and the question made by the bill filed by the assignee is whether Charles U. Shreve had such an interest in this property that it passed to the assignee, and Bo could be held for the benefit of the creditors, or whether it was an estate which was to be held for his personal benefit for life, and over which he had no power or control, and which could not go for the benefit of his creditors. �I have corne to the conclusion that under the provisions of this will there was no estate which passed to the assignee, but that the property in Chicago is to be held by the trustee to whom it was conveyed by the executor, for the benefit of the son during his life, and that the rents and profits of the estate are tô be paid over to him personally, and that he has no power to transfer any interest which he has in the estate BO as to defeat the provisions made in the will. �This will is attacked on the ground that the provision made for the son is contrary to public policy, and is, therefore, inop- erative and void. I hardly think the authorities warrant that conclusion, and, if they do not, then the only question is,. what is the legal effect of this provision in the will, and what was the testator's intention in relation to the estate which was to be held by the trustee? The authorities col- leeted in the case of Nichols v. Eaton, 91 U. S. 716, show that it was competent for the testator to make such a provision as this, nàmely: to declare by his will that his estate, or any portion of it, might be held for a child's sole benefit dur- ing life, and in such a way that it could not be reached by creditors. I think the authorities cited establish, and stteli. ����