PETERS, District Judge.
This case comes before the court on motions for summary judgment filed by each party. For the purpose of decision the facts set forth in the complaint and exhibits attached thereto are admitted. From these it appears that on July 1, 1922, Sallie T. Drummond transferred to trustees certain securities by an instrument containing a provision that the trustees should "apply and pay at such times during each year as the trustees may deem advisable...
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