ranmno v. ceascurr. 35
Innnsmw v. Gnascrrrr and others. (Bill.) —
Gassonry zz. IRELAND and others. (Cross-bill.)
(Uurauit Uowrt, N. D. I lltnots. January 8, 1883.1 V
1. TBUST—CBEATION 0F—SUBSEQUENT Dnsrcuyrrou.
lf a conveyance is made to a trustee upon trusts thereafter to be declared or
designated by the grantor, and the trustee accepts the designation s0 made, the .
trustee is bound by such declaration and designation as completely as if the
deed and declaration of trust were simultaneous, and part of one and the same
transaction. ,
2. Couvnvsncn ro INFANT-Dnnrv1:ar,wnnN Inormmrrvm. “
. Where a deed in fee-simple was made by parents to their child, who was but
little more than four months old, conveying to such child certain town lots,
which was never delivered to the grantee, and, considering the immature age
of the grantee, it was perhaps impossible to have made such a delivery and
unnecessary that it should be made, held, that the grantors in such deed should
do some act manifesting an intention to deliver the deed and make it eiiective;
and where such a deed was never recorded or published, or in any way, by
either of the parents, or ever after, alluded to in such way as to show that
they or either of them considered it a consummated transaction, the deed is an
inoperative conveyance. `
3. Dunn or Tausr-Unnun Iurnuuucni
The allegation that a conveyance of real and personal property was obtained
by undue influence of the grantee upon the mind of the grantor, must be
established by evidence or it will not be considered.
4. S.um—Cun·rsm·rr nv Teams.
_ Where there is sutlicient certainty in the terms of the declaration of a trust `
, for charitable uses to enable a court of equity to take possession through its
own trustee or receiver and execute the trust, and carry out the wishes and
intentions of the donor, it is suilicient when made to an express trustee. p
5. S1lmz>——Wmtn Denman Exncuran.
Where a party made a deed of trust to a trustee of all his property, real and ‘
personal, and delivered to such trustee all his credits and securities, so indorsed ,
` and transferred to such trustee as to enable him, if he had chosen to do so, to
exercise absolute control and ownership over them, the fact that the trustee _
returned them to the eestut que trust, who collected and reinvested and ex-
pended a portion of them in the exercise of his ownjudgment, and to some
extent in accordance with the arrangements he had previously made, is not `
suificient to show that the trust never became executed, notwithstanding the
deed of trust was not recorded during the life of the cestui que trust.
In Equity. -
Hoyne, Horton tt- Hoyne and John J. Jewett, for complainant.
W. W. Farwell and Robert Hervey, for defendant.
Bnoncnrr, J. The original bill in this case is tiled by complain·
ant to obtain a judicial construction of the trusts under which com- -
plainant claims to hold certain real and personal estate, conveyed to