What reading level is Reports of Cases Argued And Determined in the Supreme ..., Volumes 71-72 book?
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Raynumd. ^SS d. A testator gave the residue u( hut personal estate to bis minor chil dren, and directed his executor " to invest his personal estate in public funds," and to '* apply the income thereof to the maintenance and ed- ucation of his children during their minority," and to pay them their shares, part when they should be twenty-one, and part when they should be twenty-four years of age The executor gave the usual bond. In an action on the bond against the executor and his sureties, a g...eneral performance was pleaded, and the plaintiff, after the will had been enrolled, replied, assigning as a breach of the bond, that the ex- ecutor did not invest the personal estate in public funds according to the directions of the will. On de- murrer, held J that it was the duty of the executor to invest the per- sonal property ; and thai the repli- cation set out a sufficient breach of the bond. Hall v. Cushing. 395 4. The investing of the money in the funds and dividing it among the children at the times mentioned in the will, were duties incumbent on the executor as such, and would have been so on an administrator with the will annexed.
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