LATIMEE v. HANSON.—1 BLAND, 47

arising from such investment, in like manner to be invested. An
annual report of the trustee is directed to be made to the Court
stating the amount invested, and the dividends arising therefrom,
as well as the appropriations he shall have made of the dividends.

On the first of April, 1824, some of the devisees filed a petition,
praying that the trustee might be ordered to account for stock pur-
chased; or, if none had been purchased, that he might be charged
with interest, and that another account might be stated making a
distribution without charging him interest. Upon which it was
ordered, that the accounts be stated by the auditor as prayed.

BLATN'D, C., 17fh March, 1825.—Ordered, that Nicholas Brewer,
trustee, on or before the second day of April next, bring into
Court the money in his hands arising from the sales of property
sold by him. and the securities which remain uncollected, as also
interest from the 1st January, 1822, on the amount acknowledged
by his report to have been received, or shew cause to the contrary;
provided a copy of this order be served on the said trustee on or
before the twentieth instant.

The auditor, in his report of the fid of July, 1825, says, "In
obedience to the Court's order of 24th July, 1820, he has made, of
the claims exhibited against the estate of the said Charles Wallace,
deceased, the statements marked A A, as of the day of the trus-
tee's last sales, and they amount, as appears for debts, to $8,897.12,
and for legacies to $2,900.21. The claims for debts are not estab-
lished as the Act of '98, and the practice of the Court require.
Nor have such proceedings thereon been taken as to enable the
Chancellor regularly to allow them, if they were sufficiently vouched.
Yet, one of them (No. 1,) being a judgment against the deceased in
his life-time, and of coarse a lieu on the estate, he thinks it should,
at least, be entertained * until the right of the claimant
shall, on notice, have been decided. In execution of the
Court's order passed upon the petition of Wallace's devisees, filed
1st April, 1824, he has stated the trustee's account with the estate,
marked B, applying the proceeds thereof to the payment of his
allowances for commission and expenses, and of the costs in this
Court, and distributing the balance among the deceased's residuary
devisees, assuming thus, that the personal estate is sufficient for the
payment of debts and legacies, nothing being shewn to the con-
trary. And he has stated too, the trustee's account C, for so
much of the proceeds as he has received; charging him therewith,
and at his request, with the amount also of sales made to his son
N. Brewer, Jun'r, then crediting his said allowances for commis-
! &c. and the sum he paid into Court on the 6th of April last;
and so shewing a balance of $673.77 cents in his hands yet to be