Page:Federal Reporter, 1st Series, Volume 7.djvu/584

"f^Ta FEbEBiL BBPOBTBR. �payment of bis debta and the eipenses of the trust, to dis- �tribute the residae as dii-eeted in a writing supplementary, to �be thereafter exeoutod, br/'in case Such writing is not exe- �cuted, to his hoirs* Thoti, bytheBupplementary instrument �of Odtober IStfa/apecifie dietribufion of sueh residue af ter the �death of the grantor, arutog viarious relatives, most of whom �are named, was'direeted'. ' Of course the two instruments of �Oetober lOth and 15tli'are'tb be considered toeether, and as �one instrument ; and, notmthstanding 'the able ai'gument of �the learned counsel for the defendants, I am olearly of the �opinion tbat'a valid trust was detiiared in these instruments �under the fifth subdivision of the statute of thig state. That �subdivision,: it will be obsorved, authorizes the creation of an �express trust'f or' the beneficiai interests of any persan or per- �eons. Surely there was here expressly declared au active �trust for the beneficiai interest of the grantor during his life, �and of other persons after his death; Apt and proper terins �are used in the conveyanoe to pass the title. Undoubtedly �it was the intention of the grantor to convey the title, for he �says that from the infirmities of advaneed age he deems it �best to make the eonveyahce, and words ample to convey the �f ee- and to dives't the grantor bf his title are used in the grant- �ing cladse. ■ ■ j �There was a trust td receive the rents and profits andapply them to theu'se of the -grantor, because from an authority to rent must be implied an authority to receivo the rents. There was a poiipei to seH and to aipply and distribute the estate. The trusts Wete active, and for the beneficiai inter- ests of designatod pefsona. For certain purposes they sur- vived th'e death «f the grantor, and were, I thihk, of a nature embraced within the Wisconsin statute, the language of which is so broad as to remove the difSculties arising_ under the New York statiite, and to make sueh discussion as was in- volved in the New York cases unnecessary. Biit it is con- tende^d that the trust attempted to be created by this convey- anoe is not fully expressed and clearly defined upon the face of the instrument. Undoubtedly the trusts are sufficiently ��� �