Horace Gray

“ In that case the testator devised and bequeathed all his estate, real and personal, to trustees, to control and manage it, and to make such disposition of it as should in their judgment increase its value; to pay to his daughter such installments as they should deem sufficient for her support until she reached the age of 35 years, and then to convey the estate to her in fee; authorizing them, however, if she should be then married to a man whom they thought unworthy, to continue to hold the title in trust during his life ”

“ It remains only to consider the contention that by the instrument of January 8, 1877, the devisees entered into an agreement by which they took the whole estate as tenants in common, and rendered any division unnecessary; and therefore all the duties of the trustees ended, and the legal title vested in the residuary devisees, at the expiration of the 20 years. Undoubtedly, those interested in property held in trust, and ultimately entitled to the entire proceeds, may elect to take the property in its then condition, and to hold it as tenants in common ”

“ The appellant Potter claims the share of James Couch under proceedings against him by his creditors, at law and in equity, the effect of which depends upon the statutes of Illinois. As we have already seen, the legal title in fee was vested in the trustees, not under a passive, simple, or dry trust, with no duty except to convey to the persons ultimately entitled, but under an active trust, requiring the continuance of the legal title in the trustees to enable them to perform their duties ”

“ Before the end of 20 years it is neither to be mortgaged (except for building, as allowed in the first clause) nor to be sold. At the end of 20 years all authority to mortgage it is to cease, but 'it may be divided or sold for the purposes of making a division between my devisees as herein directed.' This division or sale (like all sales or mortgages spoken of in this clause) is evidently one to be made by the trustees under authority derived from the testator, and while the legal title remains in them ”

“ The restraint sought to be imposed by the nineteenth clause upon any alienation by the brother or by the nephew of the share devised to him in fee being void for repugnancy, it follows that upon such alienation, or upon an attempt to alienate, his estate was not defeated, and no title passed, under the devise over, either to the nephew in the share of the brother, or to the daughter or her children in the share of the brother or of the nephew ”

“ In the eleventh clause, he directs his executors to pay to his brother a certain part of the income 'until the final division of my estate, which shall take place at the end of twenty years after my decease, and not sooner.' And in the twenty-first clause he declares his wish that Wood shall collect the rents and have the general care and supervision of the affairs of the estate during the same period. ”

“ The case at bar presents no question of the validity of a proviso that income bequeathed to a person for life shall not be liable for his debts, such as was discussed in Nichols v. Levy, 5 Wall. 433; in Nichols v. ”