Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-03-16
oriNIoN oF TmE COURT.
In the Court of
Common Pleas u!
Centr" county
Ia Equity
JAMES MILLIkES.


sOnal estate, and on the pa day of April,
1881, executed and delivered 10 Jas. Nil.
hkcn, the defendant, II deed ct trust grant.
ing and conveying 10 him all uf raii real
estate and personal property. BY the pro-
viion. OF said deed shc divc.ted herself OF
her entire estate, both real and personal,
upon the trusts set forAh therein that Is
to .ay, that the said trusice shsll permit
and suiicr the suid eSstiH que hru.t 10 have,
hold, u.c and enjoy the raid real cstnic, or
any part thereof, during her natural hsc.
time, but Ia case she ,hall not choose to
occupy the same, then the sHld trustee Is
TO let the sad real estate, and 90 manage,
invest and keep invested the money, aud
prr.onnl estate, rents and income ~ mort.
gHgcs, public stocks or loans, or 10 the
purchase uf real estate ~ tho said trIsirc
may deem prudent, bet yihpiH the said
TRUSTEE b,IHg itabie personality or H his
private ,tats for any lo.. which may
happen to Hcrruo Tor or by reason Of any
such investment, and to pry over 80 such
es,hG gue trust, from time 10 time, the
clear yearly income should the Faine be
demanded,
Il - further provided, that In case the
said Clara V. Mli,scL should at any time
marry, aud die leaving any child or chill
arcn, or tho issue oi child, surviving
her, then and ~ that case that tho taid
trustee shall and wiil grant and convey
the said c.ialc, both real AuI personal, 10
and lur the u-c Of such child or children
of the laid Clara ~ shall then have ni-
tained or sba, thereafter attain the age uf
,wcnly.ouc years, And IN cs.e of the Do.
cease 81 the said Clara '. Millikcn, un.
married, or married without leaving any
lawful child or children, or lawful issue uf
.aid child 90 children rs may be- dead, then
the snid trustee shall Hud will grant and
convey all the real esiatc Inherited from
her mother 10 the brothers and sisters of
her ssjd mother, their heirs and A,tlgns,
and the remainder of said estate, both real
and pcrsonal, shall be- conveyed 30 the
brothers and sisters of her father, their
heirs and assigns-being samuel Milhgcn,
Jame.'Milh the defendant, and Marion
l. Millken.
The deed further provides. that the said
irust-s, by and with tho consent and Ap.
proval Of the taid cesfM que friisf, may cell
and dispose Of said real estate, aud the
proceeds OF such sale 90 be re.invcsird by
sAid trustee and held upon The same lrusis
and for the same uscs and purposes A. are
declared and expressed In sAid deed. And
/, provides, also, that the sAid deed may be
revoked, altered and changed by the said
crshn que trust By and with the consent Of
the said trustee.
The plaintiff has flcd her bill against
the defendants. james Milliken and Robert
Valentine, in which she prays tbs, the
said james Miliikcn be restrained by
special Injunction now, aud perpetual
hereafter, from selling, assigning and
transferring any Of the securities, invest.
meu,s, or other personal property now in
bis possession, OF under his control, by
virtue Of ssid deed Of trust, or in ant
manner meddling iherewiih That Robert
Valentine BE- restrained by special iuiunc-
ton from paying n note Of six thousand
dollars due 70 james Millikcn, February
ith, 1882, being part Of said personal e.
tate. That q receiver be appointed 10 re-
ccive and take possession Of all tho sccuri.
ties, moneys and personal property nov IN
the possession and under the control Of
said james Milliken, under and by virtue
Of said deed of trust and that he, the said
james Milliken, be enjoihed TO deliver and
pay over TO the said receiver all such se-
cutities, moneys and personal property
and that the court decree a cancellation Of
said deed of trust.
The bill Of the plaintiff AYERS:
"F'ira-That she is citizen Of the
commonwealth Of Pennsylvania that she
was born In the borough Of Bcllefontc, on
the llth day Of April, A. ID. 1880; that
her mother, who was a daughter Of che
late George Valentine, died on or about
the l2th day Of June, 1865, when your
oratrix was a little over Eve years and
two months old.
"Seconi-Thai her father. tho late NJ.
T. MiIliken, died on or about The 9th day
Of September, 1871, when this complain.
ant was Of the age Of eleven years, four
months and twenty-five days.
"Third-That her father bad duly made
and published his last will End testament.
bearing date the 2lst day Of the 9th month,
A. ID. 1870, which was, after his death,
duly probated on the 10th dAy Of Septem-
brr, 1871, aud entered Of record tn Centre
county, in will book "C," page 400, &c,
whereof he appointed her uncles, Samuel
Mliiken and Reuben q. Valentine, execu.
tors, and wherein he also appointed her
said uncles guardians Of your oratrix (;
which said last will and testament is here.
with printed in appendix, marked exhibit
"a, to which she begs leave TO refer and
have taken as part of this bill.
"FowM That her said uncle, Reuben
B. Valentine, died on or about the 10th
day Of November, 1871, two months and
nineteen days after the death Of her father,
leaving the said Samuel MiIliken sole sur.
viying executor OF her fathers will, and
sole surviving tcstamentary guardian Of
your 0ratrix.
"E'VM-Ths. after her mothers death,
on The i2lh day Of June, 1865, she lived
with her father during bis lifetime, whose
family was composed of bic mother, Nancy
NJ. Reed, his sister, Marion l.. Milliken,
himself and your oratrix.
"Sirth--That after her fathers death
she continued 10 have her home with her
grandmother, tho said Nancy NJ. Reed,
and her aunt, the said Marion l. Miliiken,
until she arrived nj The age of majority,