Page:Federal Reporter, 1st Series, Volume 8.djvu/655

CAVENDEB V. CAVENDEB. 041 �Cavendeb V. Cavendeb. �[Gireuit Court, E. D. Missuuri. September 23, 1881.) �1. PlBADIHG— GENERAL REPLIOATION. �The purpose of a general replication is to put in issue the new matter set forth in the answer. �2. Same— Effbct of Genebai, Denial ab to Admissiohs rs Ans-web. �A complainant does not deprive himself of the beneflt of admissions in the respondent's answer by a general deniai of the allegations thereof. �3. Same— Same— Evidence. �Where a devise is alleged in the hill and admitted in the answer, it is not necessary, though proper, for the complainant to produce the will in evidence. �4. Trusts— DuTY of Trustee— Invbsxment op Pund— Neglect op Duty— In- �BOLVENCY — EeMOVAL — APPOINTMENT OF New TkUSTEE — HiS DUTIES. �A. died, leaving a will, in which he named B. as his executer, and by which he devised one half of his property, after the payment of hisdebts, to 13., in trust for C, during his natural life, to be invcsted in real and persona] secu- riiy, and the incoine therefrom to be paid to 0. semi-annually. B. qualified as executer, and subsequently. as executer, turned over the portion of the estate devised as aforesaid to himself as trustee, and as trustee receipted te himself as executer therefor, was discharged as executor, and gave bond as trustee, but failed for more than two years to invest money receipted for by him as trustee, or to pay C. his shave of the income from real estate left by A., and became insolvent. �C. brought suit to have B. removed and a new trustee appointed, and foi damages suflered by him from B.'s neglect of duty, and it was held : (1) That it was B.'s duty to have invested the fund that came into his hands as trustee, within a reasonable time after he qualified as such, at the current rate of inter- est, and to have paid the income therefrom, and one-half the income derived from said real estate, to C. semi-annually. (2) That B. should be removed from his trust and a new trustee appointed, whose duty it would be — First, to collect from B. and his sureties said principal sum received by B., and interest thereon from the time B. qualified as trustee ; second, to collect from B. and his sure- ties one-half the income, it any, received by him from said real estate, and to pay the same, together with interest recovered, to C; third, to invest said prin- cipal sum, and pay the income therefrom to O., as provided by said will ; and, fourth, to collect, in the future, C.'s share of the income from said real estato and pay it over to him. �In Equity. �T. A- <^ H. M. Post, for complainant. �John R. Shepley, Lucien Eaton, and J..S. Garland, for defendants. �McCeart, c. J. We have considered this case upon the evidence and argument of counsel, and our conclusions are as follows : �1. The pleadings sufficiently show that John Cavender bequeathed �one-half of his estate, after the payment of his debts, to respondent �in trust for complainant during his natural life, to be invested in real �or Personal securities, and the income to be paid to the complainant �v.8,no.9— 41 ��� �