Page:Federal Reporter, 1st Series, Volume 8.djvu/325

IN KE STfiBNZ. Ull �until the death of his son "William, whichever should first occur, and then the divipioii thereof was to be made ; Eliza Ann to be cousjdered agrandchild, and to be entitled to share as sueh. True, in making the division the land devised to Eliza Ann was to be valued and 'charged to her. But why? Clearly to the end that the testator's other grandchildren might be made equal "wilh Eliza Ann before she received any part of the residuary estate then to be distributed. The fallacy of the argument of the learned eounsel for the defendants, as a seems to me, lies in the assnmption that, upon the death of the tes- tator's son William, in the year 1852, the tract of land deviised to Eliza Ann fell into the residue and passed under the residuary clause. Not Bo. The special devise to her still remained in full force, and the valuation directed to be made was merely for the purpose of determining whether she was entitled to receive anything more but of the testator's estate. Eliza Ann took this tract of land not at all by virtue of the residuary clause, but under the special devise thereof, and subject to the conditibnal limitation expressed in the proviso already quoted. The land was to revert and become part of the re- siduary estate only in case she should die in her minority and with- out lawful issue then living, and wAera she so died. Dying Jahuary 23, 1857, under age, as the jury have found, and without living issue, the land thereupon reverted and became part of the residuary estate; but Eliza Ann being dead, and havingleft no issue, the land went to the other beneficiaries entitled under the^ residuary clause, Viz.: the testator's grandchildren then liviiig. : �And now, July 16, 1881, the motion for a new trial is deniedj and it is ordered that judgmentin favor of the plaintifE be entered on'the verdict.. .': • .-:,..,' ���In re Sthenz. {District Court, 8. D. New York. June 28, 1881.) �1. Baker trpTCY — Sale of Stock. �A sale by a bankrupt trader of his stock, for its full value, in the absence of all frauduicnt intent, cannot be impeached. �2. Same — Samb — Rev. St. }:5l;29. �Such a sale cannot be attacked by an assignee in bankruptcy within six months afterwards, under section 5129 of the Itevised Statutes. �3. Samb— Same- -Rev. St. SUBD. 9, 4 5110. �Nor eau ithe attacked under subdivision 9, MUO. ' ��� �