, 1873-02-17

to borrow money 10 ~ to pAy my dobst DO hereby
otRa s ss p'ss r1 ssvoan
clause Of tho Will moreover, contains provision ct~
e rstsn aeoat onays o sstmssso a
30 charged only for wifful neglect and for onoya
praysoas asin sesrs tha ho essl te Va. ihendea
BY tho esator TO DO vcscd IN ha o1coutors aub1ect 10
saass saSas o W ana ho ahor
Ivy given tho executors to borrow money woro atand!ns
snses q ixa nspG S 3D. so e. sfs
tno legal titlo WA !ntonded to bo vested Ia
deasaa.nt: etp;sssly admit thst tss !egs! tite Wa
vi IT, sns aonsnns saa 20 so nss an
admlasion, their counsel can maintain TIM contrary.
Whether legal .tle wae o. Waa not diveaed from
ill., oniy nno o. conceive thai can bo ralsu Oh tho
point. To this question now r. pass. To- esEry into
esoh of ho devisoe. the feal satee on he 2oh Il
May, executed quit claim deed Of their ellotmonta
Ths 1S fSr sfa %
have ueen the burdens Of dests I'D spocias egs-
tho limitation over to tho children Of Charles b. Flag
lor In carrying tho diVialon into effect By decda tho
orows r. their deed released thia rgn;
s5ssass &C. sass
% sstate shonid & reeei7e i ehsrsod viii Tho. pay:
ss t. 4. p tse ses fa sostrs Rs
nsse to eo Of Is w. IL Just to tho Ind
y Hh 1e % Of
a5ity + Il dssds 5sSse deoasish vhe Srsy thea.
aoparats inatrumon should be e1ecuted ii tha same
TINA With the deeds, for that purpose. THAT
ansry s1s It Kay a. ' s an S
sliStsA t. ths various asy::s; q 1ngs9s dsrTet
And that Instrument takon together with tho decd,
Msa intended to carry into effect the decree entered
them did not suppose they wero executing them to
enlarge the estate given BY that eetee or n any
sspe eq :; a
intended to convoy 10 thom suoh estate oily Il 1ho
contingent remainder to Charles and 10 his Legitimate
childreu. WHO did survive him. 70 preserve
title ehould be vested In Trustees, during the o Of
h Iii o1aS Ta y aVs na % asnss ss Tas h.
II s what they did, Tho legal tlte VIZ vested in The
s1ecutes "a Tsatees e contingent q remain
dren, even Il they could md those instruments must
"a the grantees horeln wore entito to Under the d.
cree. But suppose this error hat the legal estato Has
conveyed to the ElAglorA, IN spite OF tho Intention OF
the parties ia consnded BY oonsel for defendants
thcn the equity is that this Court should deoree tho
tranater OF tho legal estats thur erroneous1y and
Willingly conveyed contrary to tho Intentions Of tho
PARTIES and thoso acyera1y entitled hereto. II the
form of the bill, then, ho such a. will not parut
decree to that effect am Inclined to tho view that tho
tho bill expressly adapted to this vow; asking roliot
sccoEdingy} 20 that aueh docsse may be made; Then
suppose tho doctrine conended for by Mr. Holes to be
ttuo TINT tho legal oatate did not vest Ia the
existing executors, but in tho heirs Of Augustus
Of o9eoutory devise, and from him waa conveyed to
tho defendants, tho eano observation msy be mndo,
Tho equity would e1st. Il by amp Ioisconcep-
ton Of th6ir rights, or any erroneous proceedings In
carrying into eIoct tho agroement, tho title was
osst Sas y 9unt aot e ys seak h,t ts
whore It should. Upon tho question which now re-
matns 10 tho right Of tho PARTIES ut present in pos
sasa!on claiming this land As bona ds purchaserB,
shall only briefly Observe, not having timo or, not
baing IN condition 10 enter Into that question, sha
that 1nasuoh as tho worry earliest purchasers Of thia
proparty bought whio these proceedings oro attcra
Of record In the Circuit Court they, aud all who claim
under the, took with notice. and must he held bound
BY all subsoqucnt proceedings: am correct IN
1ctent confederation, made of record of the Circuit
Court Willingly, Intentionally, 1t u obvious, 1t must
DO obvious to every ono that nil tho world viii bo
bound By that decree; and that one by purchasing
could acquire fee Charles had 7nerely llo cstato
sad the records ot tho Court showed that fact the
conclusion Is. therefore, that tho complainant Is
titled to decreo. ..-.....
Arthur ". Windbtt vas counsel for the plain
tn, and tor the defendant, Wadhams, appeared
Bockwith, Ayers, and Koles, and, for Engle t.
Day, George Herbert.