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self, the said Dr. James H. McCulloh and Mrs. Eliza
McCulloh, his then wife during their joint lives, and
for the survivor of them during his or her life, and af-
terwards, in trust for all the children of the said James
H. McCulloh by the said Eliza, and for the use of the
heirs and assigns of such children forever, in fee simple,
with a clause in the deed making a provision out of the
said property for Mrs. Margaret McCulloh, mother of
the said Dr. James H. McCulloh, during her natural
life, in an event which has not happened and cannot
happen; that since the making of the said settle-
ment the said Mrs. Eliza McCulloh, James H. Culloh,
the elder, and Mrs. Margaret McCulloh, have all de-
parted this life, and all the children of the said James
H. McCulloh, by the said Eliza McCulloh, except an
infant of tender years named John K. McCulloh, have
also departed this life without leaving issue, that the
said James H. McCulloh was the only son and heir at
law of his said late father, James H. McCulloh, the
elder, the original trustee in the said deed of settlement,
by means of all which the said Dr. James H. McCul-
loh says that he is seized in fee simple of the legal estate
in the said house and lot, in trust as to the equitable
estate for himself, during his natural life, with remain-
der to his son, the said John K. McCulloh, in fee simple,
so that no person has any vested interest therein ex-
cept himself, the said Dr. James H. McCulloh, and his
said son, John K. McCulloh, and that he, the said pe-
titioner, is also heir at law to his said son, but that he
is advised that in the event of his said son surviving
him, the said petitioner, and dying under the age of
twenty-one years without lawful issue, the said house
and lot would descend to, and be divided among so
many persons, as to be of little or no use to any of them,
none of which persons, moreover, were at all objects
of the bounty, or within the view of any of the parties
to the original settlement, wherefore he is desirous of
having the power to dispose of the property which is
in fact his own, having been purchased and paid for
by him, in the event of his said son dying without is-
sue, under the age of twenty-one years; and also that he
is desirous for certain family reasons of having the
power of selling the said property and changing the in-
vestment without interfering in other respects with the
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CHAP. 38.
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