288 HIGH COURT OF CHANCERY.

THE CHANCELLOR:

In the will of the late Ignatius Semmes, who died in the
year 1843, there is the following clause: "I give, and devise
to Walter Mitchell, Esquire, my farm called Rose Hill, together
with all the rest of my negroes," (some being manumitted by
a previous clause,) "stock of every description, and plantation
utensils—in trust, to and for the following uses and purposes,
that is to say: the income arising therefrom, to be applied to
the mutual benefit of my uncle, William Holmes, during the
life of my said uncle, and rny aunt Sarah Floyd; and after the
death of my said uncle; to the mutual benefit of my aunt Sarah
Floyd, and her children; and after the death of my said aunt
Sarah Floyd, to the use and benefit of the children of my said
aunt Sarah Floyd, until the youngest shall arrive at the age of
twenty-one years; and then, I will, and devise the said farm,
called Rose Hill, together with the rest of the property+so as
aforesaid left in trust, to the children of my aunt Sarah Floyd,
to them, and their heirs forever, share and share alike. And
for his care and trouble in the execution of the said trust, I
give to the said Walter Mitchell, ten per cent. upon the whole
amount of property, which may come into his possession as
trustee."

Mr. Mitchell, who was also appointed executor of the will,
assumed the execution of the trust, and having proceeded for
some time in the discharge of his duty as trustee, and having
passed in the Orphans Court his final account as executor,
filed his bill in this court on the 7th of April, 1847, making the
cestuis quo trust parties, and asking the aid and direction of
this court, in the administration of the trust.

There does not appear to be any controverted fact in the cause,
the questions presented for the opinion of this court, which de-
pend upon the true construction of the will, being first, with re-
gard to the rights of the cestuis que trust—and, secondly, as to
the compensation which the trustee may be entitled to, for his
risk and trouble in the performance of his trust.

The first question, relates to the proportions in which the in-
come of the trust estate shall be divided; and upon that, I am