The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-23

cnAUc0ry.
subsequent proceedings incompsnt to vest in the
plaintiff title to the lot. There three statstss
passsd-oDs in 1874 one in 1915, and in 1915 The
act Of 1914 discharged the trustees named in the win
authorized the Court of Chancery p appoint trustee
execute the trusts and provided that mosty Of the
preserving the principal Of the proceeds Of the sale The
act of the 4th Of March, 1916 appointed T. B. Clarke
he had procured the Chancelors assent was requr
ed to direct the mode In which the proceeds Of such
sale or SO much thereof Is he should think proper
should be vested in Clarke trustee.o On the Sd of
July, 1915, the Chancellor made order founded on
previous portion an order Of reference under it, and
vsed property to be and much OF the as
might be for the purpose to be paid applied
owing by Clarke to be contracted for the
purposes OF his family, to be proved before the said
master and directed , the surplus to be vested IN
survive him, and the mode Of such investment. The
masters report showed that debts TO the amount of
had been contracted by Clarke for the necessary
support Of his family, and that the moneys raised
by contracting such debts had applied BY him to
Ii object and that the whole income that could be
was insufficient to support the family and would leave
hing for the education of his children The 1915
authorized mortgage OF all lots, which had been
might be ordered TO be sold under the previous order OF
the Chancellor and also directed all moneys raised by
or to be required by the Chancellor under the statutes
eferIed to- In March, 1877, the Chancellor made fur
her order that the Southern instead Of the Eastern
moety OF the devised property might be sod and also
ymens any sSts due orr o~as from
his creditors provided such conveyance should be APP
proved by master, and such sbouli endorse
certificate Of his approval such conveyance. The
In October 1915 Mcintyre subsequently mortgagei the
lot foreclosure Of that mortgage the plaintiff be-
came purchaser, and the masters deed 10 him Is dated
in February, lS45 The deed from Clarke to Mcintyre
had on it a masters approval in these words =
Having examined the within deed, approve of it, as
to manner and form. JAMES HAMILTON,
Dec. IA, 1918, Master in Chancery.
the instance OF the defendant the consideration of
the deed. His testimony tended show that the whole
consideration made of money paid to Clarke, AMI
in boarding him and his children The Court derner
resort having held all the acts constitutional they
be treated by this Court We the order
thorzny conveyance in saffaction refer to aud al
low such conveyance in payment Of such debts only
were should be contracted for the necessary support
Of Clarke and his family and in the event thai Master
in Chapcery should De satisfied that the money raised
by contracting the debts haG been applied. We
slider that Of the objects in view in requiring the APP
proyal Of master, CONDITION to the valid ty OF the
sale and conveyance, that he, substitute TO the
Chancellor, should see that proper application
made OF the property conveyed and that his certificate
was to be evidence that il had been applied.
1t is objected that the certificate only approves the
form OF the deed and not the sale which the deed con-
summaries We construe the certificate designed TO
satisfy and satfyiny every require nent Of the Chan
celor's order far to make the transaction and
deed valid in the sense and to the extent IN which their
validity depended upon the fact Of the masters approval
and the form OF the certificate We do not understand
any decision to which have been referred holding
necessary support of Clarke and his family when the fruits
OF the debt have been so applied, and when sale of
lot for such purpose and the deed in pursuance Of it.
have been properly approved by master is void that
the acts construed to authorize Il would be uncons
tutona that the orders allowing it would not be
raned by the statutes The deed is good its face We
do not think there is such evidence that the cons
deraticp OF IL is not what purports be- not OF
such character to satisfy the requirements Of the
tutes and orders win justify in holding il unauthoriz
ed and void We do not undo stand that decd
ed in the reported in the Court OF the
United states in conflict with the conclusions which
have formed The powers OF j. B. Carrie trustee, de-
pend upon the proper construction of statutes Of this
State whether they expounded correctly not by
ii Court OF last OF this State question about
which the Supreme Court Of the Unit-d States cannot
inquire provided the construction given does not i'm
pair the obligation Of contracts authorize that Court
upon the construction given to declare It null and
void When statute of State has bsen construed by
its Cour o. last resort the Supreme Court o. the Uued
States, in deciding questions arising undar Y, bound
to adopt and follow that ructou unless the statute
as thus construed Is obnoxious - some objection,
which authorizes that Court to declare 1t uuconstitu
tiona and OF effect Robertson e. al Coulter ct al
10 How :. G. LOG. We do not feel Mt liberty 70
gard the decisions which have been made by the Courts
Of his State including that o. the Court for the
ton OF errors, establishing construction Of the
statutes and ORDERS sstyirg This Court in adopt
ing under which the plaintiffs title could be declared
TO te clearly involved For fully tated
opinion which has been prepared, .bnR the udg
! roent must be affirmed.