Pond v. Harrison

*543The opinion of the court was delivered by

Mason, J.:

The owner of a quarter section of land devised it to two of his sons in trust, the income to be used in their discretion for the support of a third son (William H. Harrison) and his wife during their lives. The trustees allowed Harrison and his family to occupy the property and enjoy its use, living in a dwelling house thereon. The house was nearly destroyed by fire. The only insurance was carried by Harrison in his own name. He collected and used the money in rebuilding. One of the trustees knew of the reconstruction while it was going on,…