The Mena weekly star., 1907-01-31

and is prejudicial to the said charity and that the surrender of possession and control of said property by the defendant, Hendricks College, to a stranger to the trust, as provided in said lease, is an unauthorized as- sumption of power on the part of the defendant, Hendricks College, not warranted by the terms of the deed creating said charity and is illegal and invalid and should not be upheld or enforced; that the execution of said lease and the transfer of posses sion and control of said property thereby was and is breech of said trust on the part of the said d fend- ant, Hendricks College, and because of said breach and of its failure to preserve, maintain and control said property for the purposes and in the manner directed by the creator of said trust, the said defendant, Hen dricks College, should not longer be permitted to attempt the admins tration of said trust, but that the court should appoint suitable trus- tees to administer said trust pending the appointment of proper trustees by the said Little Rock Conference.
 The Court further finds that the trust relation of the defendant, Hendrix College, towards the trust property was clearly set out and limited by the deed from the plain tiff, Townsite Company, to it of date October 9, 1900, and that the de- fendant, Wootton, was bound by noti e of all the recitals contained therein, and that in procuring the lease from the defendant, Hendrix College to said property, of date April 4, 1906, the said Wootton ob- tained no equity to or against said property which can be enforced in this action.
 1t is therefore by the Court con- sdered, ordered, adjudged and de- creed that the lease heretofore executed on the 4th day of April, 1906, by the defendant, Hendrix Col lege, to the defendant, J. E. Woot- ton, purporting to transfer the possession and control of what is known as the Mena Hendrix Acad- emy property in the city of Mena, Arkansas, be, and the same is hereby cancelled, set aside and held for naught. It is further ordered and decreed by the Court that the de- fendant, Hendrix College, as the trustee named to administer the trust provided for in the deed exc cuted on the 18th day of October, 1900, by the plaintiff Townsite Com pany, to the defendant, Hendrix Col Iege as trustee, be, and it is hereby relieved of, and and deprived from, in anywise further exercising any act of ownership, possession, control, or management of or about said trust, estate, as such trustee, and its said trusteeship is hereby set aside and held for naught, and that R. D. c. Dodd, G. L. Lochridge and w. E. Anderson be, and they are hereby appointed trustees of said trust for and until such time as the Methodist Episcopal Church, South, in Arkan- sas, through its Little Rock annual conference shall appoint trustees therefor as provided for in said trust, and that all the title, right of possession, control and manage ment heretofore possessed by the defendant, Hendrix College, be, and the same is hereby decreed to vest in said trustees; and the clerk is hereby directed to issue to said trustees a writ of possession for said property upon application therefor at any time after ten days from the rendition of this decree. It is fur ther ordered and decreed by the Court that the cross complaints of the defendants, Hendrix College and J. F. Wootton be, and the same are hereby dismissed for want of equity and that the costs herein be, and the same are hereby adjudged one half against the defendent, Hen drix College, and the other half against the defendant, J. K. Woot- ton. for which execution may issue as upon judgments at law.
 W.bber- Bates.