A 12 rnbnmu. naroarnn.
.   Lmn v. Smrson.
i (Orient! (Jourt, D. South Uarolina. December 18, 1888.)
1. EQUITY··JURISDICTION—ADEQUATE Raman? AT Law.
A fund was given to a trustee for the separate use of a married woman for
her life, with power of appointment in her by will, in default thereof to her
child in fee. It was used by her husband, who was substituted as trustee, in
purchasing real estate, he adding his own money, taking title to himself as
trustee to these uses. The wife died. Her child died in her life-time, leaving
- Isabella, an infant, her heir at law. The trustee afterwards died, leaving the
property to A., in trust to convey it to the state of South Carolina. To a bill
‘ filed in behalf of Isabella, alleging default in the exercise of the power, and
claiming the property from A., w1th an account of the rents and profits, A.
· demurred on the ground that shehad a plain, adequate, and complete remedy
  at law.— Demurrer overruled. .
2. TRlJSTS—EXECUTED Usa., , .
. ` ln this case the use was not executed upon the death of the married woman
if she failed to exercise the power of appointment, but the legal estate ‘re·
~ » mainedlinthe trustee, and hisdevisee, a volunteer, took it. and the property
;, bound by the trust. _ V , , » i
3. INJUNCTION—RIQHTS Pnorncrnn., .
.   ..»» The devise to A. was upon trust to convey the property to the state of South
i Carolina upon certain conditions; ignoring the claim of complainant. The
5V devisee, after this bill was tiled and subpoena served, addressed a letter to the:
. general assembly of South Carolina asking its acceptance _of the property,
  and of the conditions annexed to it. The general assemblfy at once put an
.5 ~; act on its passage for this purpose. Held, that the right o complainant to
, assert h_er claims in this courtwas imperiled, and an interlocutory injunction
was issued. , _ "
4. SAME—··AGAINST Couvnvnucn T0 Brun. `  
_· When a defendant pandemic lite in a circuit court of the United States seeks
  {,0 convey the land, the subject of controversy, to a state, he will be restrained
_ 'y injunction. _
(‘Syllabuo‘by the Court.)
Y . ' . . · V
  In»Equity.; :On motion for preliminary injunction.
. ~ Bill by Isabella Lee,¤an infant, by prochein ami, against Richard  
Simpson. A v A » . l
Qr Le- Roy Ee Youmans and James P. Carey, for complainant.
L .Wells do Orr and Smythe do Lee, for defendant. ‘ 1
 ,SIlV[0NTOliT>,   This is a motion for a preliminary injunction. , It
comes up on bill., answer, affidavits, with exhibits. From these it ap-,
pears that_Mrs. Floride Calhoun,,the grandmother of the mothe1;_,of;the
complainant, left in force a last will and testament. That in clauses of
this will she gave to Edward Noble, as trustee, a fund then invested in
the bond of her son, Andrew P. Calhoun, secured by a mortgage of Fort
Hill plantation, in Oconee county, and certain slaves. The purpose of
the trust was that the fund be held for the sole and separate use of Mrs.
Anna M. Clemson, for her natural life, with a power of appointment
thereof by a last will and testament, as she pleases; and, in default of
such appointment, to her daughter, of whom the complainant is the only
child. That proceedings were taken in the life-time of Mrs. Calhoun
to foreclose this mortgage. These proceedings were not consummated
until after her death. At the sale for foreclosure the plantation of Fort