Page:Federal Reporter, 1st Series, Volume 4.djvu/153

KBTCHUM V. BLACK BIVEB LTTUBEB CO. 189 �cannot folio* any direction or order which the cliild may give, or any instruction as to the rents whatever, but that he is bound to pay the rents to the child in person. The language of the ■will is, he must "pay the rents to the child in person, quarterly, or as the same may be collected." Now, if that is the object of the will, and if that is the duty of the trustee, as it seems to me it clearly is, then I do net see how any action of the child in relation to the disposition of the rents can defeat the purpose of the testator, or can remove from the trustee the obligation which is devolved upon him by the will, to pay the rents to the ohild in person. And so, by the terms of thia ■will, it was the intention of the trustee to declare that, as to one-halî of the provision he made for eaoh child, that was to be a Personal provision, and the rents and profits of the estate were to be paid to the child alone. And so, without going into the question as to the effect of the deed whioh the child bas made, and whlch is attacked on the ground that it was fraudulent, or into the effect of any directions or instructiona that he may bave given in relation to the estate, I hold that it clearly is the duty of the trustee to pay these rents to the child in person, and that no interest in the estate passed to the assignee. Hence, the bill must be dismissed. ���Kf;TcHUM and another v. Bi.ack River Lumbër Company and �others. �(Cwcuit Court, W. D. Wisconsin. , 1880.) �1. REMovAi^-CoNTROvEnsT—STrpuLATioN— Issue— EquiTABLB Suit — Legal CijAim — Refebbncb — ïbial. �In Equity. Suit to set aside and cancel a mortgage. Motion to remove cause. �M. P. Wing, G. C. Prentiss and G. W. Gate, for plaintiffs. �Cameron, Losey e Bunn, for defendants. �BuNN, D. J. This action was begun in the circuit court of La Crosse county, Wisconsin, April 8, 1880. Thç plaintiffs ����