490 IGLEHART v. ARMIGER.—1 BLAND.

port: alleging, that the Chancellor, on application, had declared
it to be his opinion, that he had no authority to decree in such
ease: that is, as is presumed, that he had no authority to decree,
at their instance, that the assets should be so marshalled; and
upon this ground, as it seems, the Legislature, on the 10th of
January, 1818, passed an Act, 1817, ch. 46, authorizing Thomas
Sellman as trustee to sell, at public sale, upon such terms as the
Chancellor should direct, all the equitable interest in the real
estate which had so descended to the minor children of the late
John Cross; and, from the proceeds, to pay the purchase money;
and the balance to be disposed of as the Chancellor should direct:
or to pass to those children as realty; and, if Sellman the trustee
should die, the Chancellor was authorized to appoint a successor.

In pursuance of this Act of Assembly, Sellman, on the 27th of
the same month, filed his petition to the Chancellor, who, on the
same day, passed a decree accordingly, specifying the terms of
sale. Upon which Sellman, on the 6th of October, 1818, made a
sale of the equitable interest of the children of Cross to Benjamin
Armiger, by whom a part of the purchase money was paid, and
the residue secured by bonds and a note with surety, which were
* made payable "to Thomas Sellman trustee for the sale of
521 the real estate of John Cross deceased.'' After which, and
before he had reported the sale, Sellman died, and James Iglehart,
Jun'r, was appointed to succeed him as trustee; who made a report
of the sale, and that he had the money received and also the
bonds taken then in his hands. This sale was finally ratified on
the 19th of March, 1819; and, by an order of the 28th of April
following, the proceeds were made payable to this same Jame^
Iglehart, who was also appointed trustee in the place of Sellman
under the decree of the 12th of December, 1816, leaving a balance
still due from the late John Cross1 estate to the late Selby's estate,
as shewn by statement taken from the report of the late Thomas
Sellman, who had made and reported a sale under the decree in
that case, which had not been finally ratified until the 27th of
January, 1818.

In which suit, for a partition of the late Joseph Selby's estate,
the auditor, on the 1st of April, 1818, made and reported a state-
ment of a distribution of the proceeds of sale, allotting one share
of the estate of the late Joseph Selby which had been sold to
John Cross, to the said John and Jemima his wife, which wras rati-
fied on the same day. On the 29th of April, 1819, Iglehart the
trustee, by petition, applied to be directed as to whom the share
awarded to John and Jemima was to be paid. Upon which the
Chancellor passed the following order.

" KILTY, C., 1st May, 1819.—On considering the within appli-
cation, I am of opinion, that the part of the proceeds of Joseph