Cooper v. Hayes

Bicknell, C. C.

Joseph Hayes died seized of real estate in Dearborn county. He devised the same to his brother Abiah Hayes in trust for his son Enoch Hayes. He left three sons, of whom* Enoch, the youngest, was twelve years old *387when his father died. The testator devised other lands to the same trustee in trust for each of his other sons.

The following are all the provisions of the devise which are material to the present controversy:

“ Item 5th. I give and devise to my said brother, Abiah Hayes, in trust for, and to hold the legal title and estate for, my third son, Enoch Hayes, all my real…