134 GIBSON'S CASE.—1 BLAND.

In making the selection of a person to be employed as a trustee,
the Court exercise a sound discretion upon a view of the whole
case; and as the Chancellor may allow himself to be actuated by
feelings of benevolence upon such occasions, where he can do so
without injustice to any one, he has therefore, as before observed,
appointed the widow as trustee, that she might obtain the commis-
sions for the benefit of herself and child. The recommendations
of the parties are always attended to, and allowed to have their
due weight as to numbers, amount of interest, and reasons as-
signed; where the parties are silent, it has been usual to appoint
the solicitor of the plaintiff as trustee; but a plurality of trustees
is never appointed except on special application by petition, motion,
or suggestion. Edwards v. Buchanan, MS. 27tlt May, 1800; Kilty
v. Quynn, MS. 5th February, 1805.

* The kind of duties required of a trustee, and the manner
144 in which they are to be performed, are most usually particu-
larly prescribed by law, or specified in the decree or order to be
executed. But here a trustee is indulged with a greater latitude
of discretion in making sales of property than is allowed to a mas-
ter in Chancery in England. Annesley v. Ashhurst, 3 P. Will, 282.
In all cases where the trustee is directed to put the property into
the market, by advertising and offering it for sale, he must do so;
but, after that has been done, if it cannot be sold, at public auc-
tion, upon the terms specified, he may accept of a bid upon differ-
ent terms, or he may dispose of it at private sale, or upon other
terms than those mentioned in the decree; because as he is, in all
cases, required to make a report in wntingof only such a sale as he
can, on oath, state to have been, in all respects, fairly made, which
cannot be ratified, without consent, until public notice has been
given to shew cause, if any there be, why it should not be confirmed,
there can be no danger or inconvenience in allowing him to deviate
from the prescribed manner and terms of sale, atter the property
has, by advertisement and an actual public offer to sell at the time
and place appointed, been completely put into the market. A trus-
tee cannot, however, be allowed, of himself, to do any act which, in
similar cases, is usually required to be done by such an agent; but
which has not been particularly specified in the order or decree,
under which he holds his appointment; as where, in a creditor's
suit, the Court had omitted, in its decree, to direct the trustee to
give notice to creditors to file the vouchers of their claims by a
specified day, the trustee was not permitted, of himself, to give
any such, notice. Isaac Williams' Estate, MS. 3d December, 1823.

According to the common law, no public officer was permitted
to take any fees for the performance of his duty, except such as
were expressly allowed by law, as a compensation for his trouble.
Yet it appears, that judicial, as well as ministerial officers were
allowed to make title to certain fees and perquisites by usage, and