This is a bill to quiet title, and the controversy is before the court on this state of facts. -Daniel Hallaban intending to make a gift to his grandson, James Nash, Jr., on April 22d, 1902, conveyed the land in dispute, situate on New Brunswick avenue, Perth Amboy, to James J. Nash, “Trustee for James Nash, Jr.,” so styled in- the premises of the deed. The grant was to James J. Nash, his heirs and assigns; habendum to him, his heirs and assigns, to the proper use, benefit and behoof of him, his heirs and assigns. On June 26th, 1905, James J. Nash, as trustee for Janies Nash, Jr., conveyed the property to the complainant and others for the consideration of $4,500. The “others” later conveyed it to the complainant. Believing that lie had an indefeasible estate, the complainant expended $16,000
A 'decree may be entered quieting the complainant’s title, and sustaining the deed, made by the trustee, as a conveyance in fee of the legal and equitable estate, presently confirmed as such by the cestui que trust. And let it be further decreed that the complainant pay to the defendant, James Nash, Jr., the sum of $5,276, to be imposed as a lien upon the land and to be executed by a sale thereof, unless it is paid within thirty days. No costs.