Page:Federal Reporter, 1st Series, Volume 4.djvu/689

ETTIN6 r. UAKX'S EXEC0TOB. 675 �taking minute and detailed Touchers and receipts from him ; and from the time of doing so he does not seem to have had any actual connection with the estate or the trusts of the will, either in the capacity of exeeutor or trustee ; and this fact seems to have been well known to complainant and peti- tioner. The subsequent accounts of Edward Mayo, made up by commissioners of court, show that Frederick Marx had tumed over the estate in the manner juststated to Edward Mayo. �The disconnection of Frederick Marx from the estate at the date named seems to be acknowledged by the bill and recog- nized by the decree in a friendly suit which was instituted in the circuit court of Eichmond in March, 1869, entitled Etting et al. V. Marx et al.,- the object of which was to substitute as trustee for Mrs. Etting, then under coverture, Francis M. Et- ting, one of her adult sons, in the place of Edward Mayo- It is not pretended that Frederick Marx acted or was consid- ered as acting in the capacity of exeeutor or trustee, after November 26, 1864, whatever his legal relation to the trust might have been. The bill in the friendly suit just named recites that the powers of Frederick Marx had been revoked after he had "acted for a time." The transactions of Fred- erick Marx in the years 1861, 1862, and 1863, in the securi- ties of the estate, were very large, aggregating probably $75,- 000. After 1861 they consisted of sales of stocks for confederate money, and in the exchange of one sort of bonds for another, and of stocks in the name of Samuel Marx for those in the name of the exeeutor for the respective benefici- aries of the trusts of the will. �These transactions are not brought in question in the pres- ent litigation ; but in the year 1864, or ohiefly in that year, Frederick Marx bought, with confederate money received for other stocks, a large amount ôf the bonds of the confederate government. The securities of eveiy name which Frederick Marx held as the resuit of his transactions under the will were, aa before stated, ail turned over on November 26, 1864, by him to Edward Mayo, and Edward Mayo has duly tumed over a,ll of them except the confederate bonds to the persons entitled. The confederate bonds, however, were refused by some of the ����