55 Ind. App. 283 | Ind. Ct. App. | 1913
On March. 10, 1904, Eliza J. McAlpin, then the owner in fee simple of four separate tracts of real estate aggregating about eighty-one acres situated in Marion County, Indiana, conveyed and quitclaimed it to the appellant Harvey H. Wheatcraft of Johnson County, Indiana, as trustee. The provisions of the trust created by such deed are as follows:
“This indenture Witnesseth, that Henry Alexander McAlpin and Eliza J. McAlpin, his wife, of Marion County, and State of Indiana, convey and quitclaim, to Harvey H. Wheatcraft, of Johnson County and State of Indiana, as trustee, for the sum of One Dollar, the following Real Estate, in Marion County, Indiana, to wit: (Here follows description.) Said Harvey H. Wheat-craft, is to have and to hold said real estate, however, in •trust for the following purposes, to wit: Said trustee is to manage and control said real estate for and during the natural life of Fannie E. Wheatcraft, daughter of said Eliza J. McAlpin, -and is to account to and to pay over to said Fannie E. Wheatcraft during her natural life the net rents and profits of said real estate annually, said trustee to keep said property in good repair and to pay all taxes and other liens thereon. At the death of said Fannie E. Wheatcraft, said trust is to terminate and said real estate is to go to the child or children of said Fannie E. Wheatcraft then living and to the descendants of such as are dead, the descendants of any deceased child taking the same interest the parent would have taken if alive. This conveyance is made subject to a life estate in and to the above described real estate in the said Eliza J. McAlpin, which is hereby reserved from this conveyance, and she is to-have the possession and control thereof during her natural life. The said child or children above mentioned to take as purchasers under this deed.” .
Appellee Fannie E. Wheatcraft, at the time of the execution of such deed, was unmarried, and was the only child of the grantor. Appellee Grace Wheatcraft was then in life and was the only child of said Fannie. In March, 1905,
The only grounds of the motion for new trial discussed in appellant’s brief are those alleging that the decision is contrary to law, and that it is not sustained by sufficient evidence. Practically the same questions are raised that we have already discussed in connection with the complaint,
Note.—Reported in 102 N. E. 42. See, also, under (1) 39 Cyc. 265; (2) 31 Cyc. 103; (3) 39 Cyc. 198; 40 Cyc. 1451; (4) 39 Cyc. 268; (7) 39 Cyc. 261, 264.