Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-16

81 AenHesseeS AT NasAfAheS DeceAAoeE
James W P. Allison and JO L. Gentry.
This filed the specsc performances Of
the 4th May s for he ale by The cnplanants OF a tract Of
5s acres Of land in Williamson county for sOPer acre. to the
defendants
The defendants resist upon the ground good title
Be made to them This The only defence to the prayer Of
Tia s complainant, Mary c. starnes formerly Mary
c. Rudds and derived her asF, Richard H. Ruder,
The items upon which the question depends
follows;
Item lst gve devise and bequeah unto ny daughter,
Mary C. Ruddr an estate properly Of every description
Which may die seized Or possessed % have
Rnfder, her hessnd assigns forever But the said Mary c.
Ruder should marry, id property is To be her
sole and separate estate and the same and every part AID parcel
thereof as we'll as its increase and profits shall Tehsn ir
from the contracts and obligations Of person with whom
she may ntermAry during her overture As though she had
Itsm2d In thesren. ostedsat Ofny said daughter with
lawful issue, living the time o. her death, IL NY vii
that all the estate and property, devised and bqueahed unto
i'll, under hand BY three Wit
Direct and the power dis OF the AMI its in
afr the OF twenty and either While single
IA heIey exered and executed in the
may provide for the issue in whatever
she deeEs est and IN that event ny intent to
power her estate at her death in any whatever
Mary G the only child Of the soalar and he len 20 her
item Or his viii b S then sre md quite youas AS
leading Object sesmel Be thss should only protected
labor and toll bat entrusts with discretion making
such disposition Of it, her pleasure Of duty die
any all But he perhaps sxpe
riene and observation and contemplated the danger st
changes in her condit that would PROBABLY
10 her pursuit Of happiness Nsn abe reached the state
Of SonInhooi So in ease Of her nrTass all the property
given, and its increase ald profits, restricted 70 hr s
rate USE md guarded aA1 the contracts aud ob Of her
husband No power Of disposition woul Obtained b. the
hushand under MS ma SO far no express restrictions
imposed upen her power Of disposition any particular
mode prescribed which may done. That esrye orthe
tain the OF her rights and powers.
The sposton the second item.
A. bag-Iz ah.ft zhaf aa If
covert, she have then living, dieet how
sry shall but this mus be done b. instrument under
seal, in the nature Of vii, with ttrss Witnesses
Here Is evidences Of his sOiieitnde protect her against IN
the manner prescribi and - no otSr alnsr She i
not permitted to DO it By gift sale deed Since In the es
settled this Sgais
to be, that the Of married woman her separate
beyond plain meaning deed
ing the and thai considered eus solo, in
relation to IL only far The deed has conferred upon he tie
the power disposition dis
pose other But this case the rhto sell and
dispose Of by deed is claimed. Still the power 70
unite with her husbandin the sale, said, given BY his
will.
But the last clause in the soon item for another state
Of facts In the she leaves issue she provide for
t-st issue in whatever she deems best and in that event
my intent sno 70 limit her power over her estate At her death m
Vny manner whatever
given in the art clause Of tbs ht e that that il FmoTe
the restrictions fixed In the preceding part Of the secosd @
and makes unlimited Bat will b. Observed that this PoSeT
no matter how large 1t may be- only a upon the Contingency
that she te1ves sue and can only be exercised at her aat
the event which depends viii not, and by deed
instead Of wl When she die and no longer has any
for the property have given Ehen il comes 10 be needed
for her enjoyment and happiness which great coner she
will pro tide her hi ks best
do intend to compel her make equal division among
them, perhaps give them ali, II she chooses not
to do sober POweris to be unlimited the property e
desires to exercise It in the mode indebted Is IS most manifest
That the leading controlling intent Of the etor was
to secure property and It's proceeds and pTois TO ne USE
CONTROL and BENEFIT Of his daughter long as she might ve
without any power herself and much less one else
under whose influence change in her condon might place her,
deprive herself OF il But when she should nesd no longer
her DEATH whether Eiih0ut children, he ntendtd TO
her the unrestricted power Of selecting the objects OF e
bounty become the .sni uhtrameled bsnsaeo
others her had her, The whole aangsnent
the highest evidence Of paterna love- tender a
confidence. His had Taught him that ~ dan
might y confidence in others Be be-
ref Of the ample provision made Of her L The power OF s
siOn wthhed. Her youth, her inexpeec AZ hrs
and after marriage the changes and neE innuSs
brings upon wife wise and prudent 10 save her
from herself. Then the FIRST great ojec-her
and support and happinessFas fully aocompsl he
places the whole power her hans and allows her 70 become the
fountain Of fortune and happiness TO others
conien for By the counsel Tor copnants
would the whole object aud design Of settlement lie
II husband y getting the wife 20 jon BIN IN
conveyance DISPOSE separate property, iie and secured
as this is By me and restrictions Of the WILL what
use would there guards thrown around H. and the
vision 10y poEer Of disposition WhEel evsn from
her until her death!
We think this the proper construction Of the will And tho
question: Cannot therefore, communicate good little tede
fsndan eontrae then, will be annue the bill dismiss
Ell and the decree reversed CARrThERs
4 J. =. CLARK, Clerk.