M FEDERAL B.m>o1v.'1*m·..,
fore he was stricken down with his last illness, he told his house-
keeper that, in the event of his sudden death, the tin box containing
the securities was to be sent to Bishop Ireland, and during his ill-
ness his frequently-expressed wish and direction was that the securi-
ties should be placed at once in the hands of Bishop Ireland. At
this time he had no fear of family complications. His wife was dead,
no relative of hers, no relative of his own, no person, was seeking to
control or interfere with the control of this property, so as to make
him anxious to evade any judicial or other proceedings, because
none were threatened or impending.
It seems, therefore, very clear to me from the proof that whatever
was done by Keegan, after the delivery of the securities to Bishop
Ireland, was done in consummation and furtherance of the trust
which. he had created, instead of being intended to operate against
or defeat it ;. and that nothing was _done indicating an intention on
.the part of the donoror his trustee, to cancel or abandon the trust.
The child was living when Keegan died, and I have no doubt he re-
mained entirely satisfied with the disposition he had made of his
estate. - , _ ,
The will he made during his-nearly-last rational moments does
not, to my mind, seem intended to cancel or set aside this trust. The
main purpose of the will appears to me to have been to appoint the
bishop the guardian of the child.. Making her his sole devisee would
only operate to vest in her any property he owned which he had not
conveyed to the bishop, but it could not divest the bishop of any title
hehad already obtained, and in regard to which the trust had been
declared in writing. . .
, [ therefore come to the conclusion that the estate in the hands and
control of the administrator, appointed by the probate court of Cook
county, should be deliveredto Bishoplreland; that the cross·bill of
‘ _, Peter Geraghty should be dismissed for want of equity; and that Bishop
Ireland should, be left, so far as this court is concerned, toexecute
thetrusts created by the conveyance and directions to him of the
donor. As, it is manifest from the entire tenor of the transaction that
it was intended that Bishop Ireland shouldexpend these trust funds
in_;the,diocese of .Minnesota, it may hereafter devolve upon the courts
.,of that state to see to-it thatthistrust is faithfullyadministered ac-
cordingto the terms upon whichithe trust was created and accepted.