The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 12
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272 FEDERAL REPORTER
the absence of notation may or may not be suspicious, depending on the
extent of formality and care that seems to have been observed.
L WIlls -302 (4)-Conluden that interlineation was made before execution
Where a will as originally written gave property to H. "& the heirs of
his body," but the words "In trust for" had been interlined diagonally
through the "&," the conclusion held warranted that the interlineation
was made before exeention of the will.
9. Wills :=302 (4)-(aelusion bold warranted that line through words
was made after execution.
Where a will gave property to H. in trust for the heirs of his body, and
a light and barely noticeable line was drawn through the words "in
trust for" and a pencil line through the words "heirs of his body," the
inference held warranted that the erasures were made after execution.
10. Wills 0-600(2), 602, 693(4)-Devise to heirs held within power of ap-
pointment to daughter and "issue of her body."
Assuming that a will giving property to the testator's wife and re-
uesting her to make wills, "keeping in mind my beloved daughter
* * * and the issue of her body," gave the wife a life estate only
with power of appointment to the daughter and her issue, a devise oy
the wife to the daughter for life with remainder to the daughter's only
son in trust for the heirs of his body was within the power given, as
"Issue of the body" is commonly used in a less restricted and t2ahnical
sense than "heirs of the body," and will be construed to include grand-
children unless the circumstances otherwise require.
[Ed. Note.--For other definitions, see Words and Phrases, Issue of the
1L Perpetuities 40=4(20)-Will as supplemented by power of apintment
held not to grant estate to party not in being.
Where a will gave the testator's wife a power of appointment, aznd
she devised property to a daughter for life with remainder to the
daughter's son in trust for the heirs of his body, the first will, as sup-
plemented by the power of appointment, did not grant any estate to any
person not in being.
12. Bankruptcy 4~140(3)-Property held in trust for heirs of body does
not pass to trustee.
One to whom land was devised in trust for the heirs of his body had no
title which he could mortgage or convey or which passed to his trustee
13. Bankruptcy X(<143 (1)-Life estate passes to trustee.
A life estate can be mortgaged by the life tenant and passes to her
trustee in bankruptcy when of substantial value.
14. Bankruptcy 4=166(4)-SIow question of preference determined wien
Lankrupt's liabilities were as surety stated.
Where a mortgagor's only lialnlities were as accommodation indorser
on her son's notes, only such deficiency in the son's assets as ought to
nave been feared shorld be taken into account in determining whether
the mortgagee had reasonable ground for believing that the mortgagor was
insolvent so that a preference would result.
15. Bankruptcy O=1G6(4)-Mortga ee held without reasonable ground to be-
lieve mor'garor whcse liabli.iks were as surety was insolvent.
Where a mortgage's only liabilities were as accommodation indorser
of her son's nctes, the mortgagee held to have no reasonable ground for
believing tLat the son was so badls insolvent as to render the mortgagor
insolvent so that a preference would result.
16. Bankruptcy e==303 (1)-Burden on trustee to show mortgagee had rea-
sonable ground to believe mortgagor was insolvent.
The burden of proof is on a trustee in bankruptcy suing to set aside an
alleged preferential mortgage to show that the mortgagee had reason to
eFor other cases see same tople a KEY-NUMBER In all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/34/: accessed March 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.