Greines

In this eminent domain proceeding the defendant Greines alone appeals, claiming herein that the amount of the award in his favor is less than that to which he is entitled. The land, designated parcel 2 of the complaint, was formerly the property of Charles Schatte and Rosa Schatte, his wife. On October 8, 1909, said owners, conveyed this land to the defendant Title Guarantee and Trust Company in trust for the benefit of certain grandchildren of said Charles Schatte, “but subject to the rights and benefits herein reserved to said Rosa Schatte.” It was provided that the trustee hold, manage, etc., the land and the proceeds thereof; “provided, however, that during the lifetime of said Rosa Schatte, she shall be allowed to collect said rents, and to use the same, after reimbursing the trustee for all expenditures for the benefit of said property and after payment for all services rendered by the trustee, including reasonable attorneys’ fees, and the net rents from said property shall belong exclusively to said Rosa Schatte during her lifetime and subject to such use and disposition as may seem fit to her, without control or restraint from the trustee or from any other person…