"State of Texas, Travis County.
"Know all men by these presents that I, Morgan C. Hamilton of the county of Kings in the state of New York, for and in consideration of the natural love and affection that I have for the surviving family of my late brother Andrew J. Hamilton, viz.: his widow, Mary J. Hamilton, who resides in Travis county, in the state of Texas, and her daughters, Mary Mills, née Hamilton, wife of W. W. Mills who resides in El Paso, Texas; Bettie Woodburn, née Hamilton, wife of Frank Woodburn, who resides in Waco, McLennan county, in the state of Texas; and Lillie Maloney, née Hamilton, wife of Jas. P. Maloney, who resides in the city of St. Louis in the state of Missouri, and Frank Hamilton, who resides in Travis county in the state of Texas; and wishing to provide as safely and permanently as possible for their comfort, maintenance and support, have given, granted and conveyed, and by these presents do give, grant, alien, convey, allot, set over and deliver unto the said Frank Hamilton, Jas. R. Johnson, T. F. Mitchell and Robert
A. Smith, jointly, the following real estate and personal property, viz.: First All and singular that certain lot of land in said state and county, known and designated on the maps of the city of Austin as lot No. seven (7) in block No. forty-three (43) situated on the corner of Colorado and Pine streets within the said city. Second. I have elected, set apart, transferred and delivered unto the trustees aforesaid personal property, consisting of bonds secured by mortgage, bonds secured by vendor's lien and cash to the sum and value of sixty two thousand ($62,000) dollars. To have and to hold all and singular the lands, premises, funds and credits aforesaid, unto them, the said Frank Hamilton, Jas. R. Johnson, T. F. Mitchell and Robert A. Smith, and to the survivors and survivor of them for and during their natural lives and unto the limit of the life of him of them who shall latest survive. In trust, nevertheless, and with the powers and obligations and for the uses and purposes hereinafter set forth, that is to say:
"First. That power of the said trustees is joint, so long as more than one of them shall remain alive; and so long as so many as three (3) of them are alive, the signature of a majority of them shall be necessary in all acts, the evidence of which under the laws of the state of Texas, is required to be registered as notice to third parties; and when but two (2) of them remain alive, then all such acts as are designated by this clause shall require to be subscribed by both, and when but one survives, his separate act and deed shall be valid and binding on this trust estate.
"Second. As to all transactions, the evidence of which is not required by law to be registered, the said trustees, or a majority of them may by written instrument, duly executed, acknowledged and registered, select and appoint one of their number who shall thereupon have the management, control and determination of such business as is described or indicated in this clause, and so far as the beneficiaries under this trust and third parties are concerned, the action of such selected trustee shall be valid; it shall be competent, however, for the majority of said trustees to revoke such appointment by a written instrument such as is required above for his appointment; in case one of said trustees shall remove from the state of Texas with the intention of remaining away, he shall be regarded to all intents and purposes as dead. Under the limitations above prescribed, the power of the said trustees are in all respects as ample as if this deed were to them in fee simple and for their own use and benefit.
"Third. Said trustees are hereby instructed and enjoined to invest and keep the body of this donation invested, so far as they may be able, in improved city real estate, using, however, their best discretion and judgment, in view of the welfare of the beneficiaries of the trust, as to the time when such investments shall be made.
"Fourth. The said trustees shall collect the annual rents, interest and revenue of whatsoever kind arising from or growing out of all investments of the said fund, as well from those now on hand as those to be made hereafter, and shall apportion and distribute said annual income as follows, that is to say: (a) They shall first set apart and appropriate a sum of cash sufficient to meet and satisfy all obligations and expenses of whatsoever kind growing out of or necessary for the proper conduct of said business, including taxes, insurance and repairs. (b) Annually, or oftener if in their judgment it can be consistently done, they shall divide the net revenue at that time in their hands into five (5) shares, and shall distribute them as follows, viz.: They shall pay to the said Mary J. Hamilton two (2) shares, to the said Mary Mills one (1) share, to the said Bettie Woodburn one (1) share, and to the said Lillie Maloney one (1) share; and the receiving of her distributive share aforesaid of the net annual accretions of the said fund as aforesaid, is the full limit of the rights of the said distributees in said fund during the existence of the particular estate hereby vested in said trustees. (c) In the event of the death of the said Mary J. Hamilton, the said trustees shall apportion the said annual net revenue into three (3) equal distributive shares, and shall pay one (1) of such shares to each of said distributees, viz., Mary Mills, Bettie Woodburn and Lillie Maloney. (d) In the event of the death of the said Mary J. Hamilton, and of one or more of the other named distributees without lineal descendants, the said net annual income shall be equally divided, share and share alike between the survivors and the said Frank Hamilton. (e) In the event of the death of either the said Mary Mills, Bettie Woodburn or Lillie Maloney without lineal descendants, the said Mary J. Hamilton being still living, the said net annual revenue shall be divided into five equal shares, two (2) of which shares shall be paid over to said Mary J. Hamilton, and one (1) share to each of the other living distributees. (f) in the event of the death of two of the said distributees, Mary Mills, Bettie Woodburn and Lillie Maloney without lineal descendants, the said Mary J. Hamilton being still alive, said annual income shall be divided into five (5) equal shares, two-fifths (2/5) to be paid over to the said Mary J. Hamilton and the remaining three-fifths (3/5) to be equally divided between the survivor of the said three sisters and the said Frank Hamilton. (g) When one or more of the said distributees, Mary Mills, Bettie Woodburn, Lillie Maloney or Frank Hamilton shall have died leaving lineal descendants such descendants shall take or be entitled to take the share of the said net annual revenue the deceased parent would have been entitled to, had he or she continued living.
(h) In the event of the death of all of said distributees except the said Frank Hamilton without lineal descendants surviving them, then in that case, the particular estate hereby created in said trustees shall terminate, and the said Frank Hamilton, his heirs or assigns be entitled to demand from, his cotrustees, a quit-claim of all their interest in the said property, and the said Frank Hamilton shall thereupon take, have and hold all and singular the said entire property to his, his heirs and assigns own proper use and behoof forever.
"Fifth. When the particular estate hereby and above created in said trustees shall expire by the death of the last one—them, as is before provided shall be the case, then the lineal descendants of the said Mary Mills, Bettie Woodburn, Lillie Maloney and Frank Hamilton shall be entitled to take the body of the said fund, and in that case they shall take per stirpes for their own use and behoof, and have and hold the same to them, their heirs and assigns forever.
"Sixth. I hereby direct and require that the last of the said trustees who shall be acting in this behalf, shall provide by his last will and testament for the immediate partition and distribution of the body of this fund in accordance with section fifth of this deed.
"Interlineations made before signing are as follows: Second page, twenty-eighth line, `majority'; fourth page, thirty-first line `annual'; sixth page, tenth line, `of the said net annual revenue.' The beneficiaries or cestuis que trust herein, shall at no time demand, take or hold any other interest or estate in any of my property, real, personal or mixed, within the state of Texas, than that herein granted.
"Witness my hand at Austin, in the state and county first above written, this the second day of May, A. D. 1883.
"Morgan C. Hamilton."
