“The bill states, that before the intermarriage of the plaintiffs, an indenture tripartite was made between Samuel E. Howell and R. R. Smith, executors of Samuel Howell, of the first part, Hannah Howell, the female plaintiff, of the second part, and the defendant’s intestate, William E. Howell, of the third part, which, after reciting a bequest of £3000 by Samuel Howell to his granddaughter Hannah L. Howell, an intended marriage between her and Burton, and an agreement that two bonds and mortgages, one for $2400 and the other for $4000 should be settled upon the trusts stated in the deed; the said Samuel E. Howell and R. R. Smith, the executors, assigned to William E. Howell, the intestate, the two bonds and mortgages aforesaid, upon certain trusts for the separate use of the wife during her life, and after her death, over to other uses not necessary to be stated. The material clause in the deed, upon the construction of which the cause turns, is the following: ‘upon trust, that the said William E. Howell, his heirs, executors, &c. shall keep the said sums of $4000 and $2400, out at interest upon the securities aforesaid, or in case the same should be paid off, then upon other good and sufficient land security, and receive the interest thereof due, and hereafter to grow due, and pay over the said interest when, and as the same-shall become due, into the hands of the said Hannah, &c.”
4 Wash. C. C. 522