196 HIGH COURT OF CHANCERY.

FREEBORN Cr. WATERS

vs MARCH TERM, 1848.
REBECCA WATERS ET AL.

[WILL, CONSTRUCTION OF—TRUSTEE AND CETERIS WE TRUST.]

A TESTATOR, after disposing of certain portions of his estate, devised all the
residue of his property to the complainant, in trust, to hold the income, rents
and profits of one-third part of said residue for the use of his grandson,
the defendant, during his life; such income, &c., to be paid to him, from
time to time, as they might accrue, and after his death to his children, in fee ;

and failing children, to other grandchildren to whom the remaining two-thirds
were in like manner devised. At the time of the testator's death, the grand-
son was indebted to him in a large sum of money; but, it appearing that the
testator did not mean to regard him as his debtor in respect thereof, it was
HELD—

That, to enforce the payment of the debt out of the defendant's share of this
income and profits, would defeat the clear intention of the testator to provide
his grandson a competent support.

That it was the duty of the complainant, the trustee, to retain the amount of a
loss, occasioned by the failure of the defendant, to comply with the terms
upon which be purchased a part of the trust estate, out of the income of said
trust estate, payable to the defendant.

[The late Charles Waters, died on the 12th May, 1846,
leaving a last will and testament, whereby, after sundry dis-
positions of a portion of his estate, he devised all the residue
thereof, to the complainant, in trust, to hold the income inter-
est, rents and profits, of one-third part of said residue, for the
use of his grandson, the defendant, Charles A. Waters, during
his life such income, &c., to be paid to him from time to time,
as they might accrue; and after his death, to his children in
fee, and failing children, to other grandchildren, to whom the
remaining two-thirds were in like manner devised. Certain
disputes arising amongst the devisees of deceased, a bill was
filed in this court by the complainant, Tor the adjustment of
their differences. A petition was subsequently filed by him, in
the cause, stating that the devisee, Charles A. Waters, was in-
debted to the testator, in his lifetime, in a large sum of money,
for which his share of the estate ought to be liable; that he