WINDER v. DIFFENDERFFER.— 2 BLAND. 161

tention, that the same be charged on the three shares of my real
estate, so as * above devised to my daughters Bailey, Mar- ,
tin and Lee, in the first instance, in order to enable them to 171
be manumitted at all events, and to enable my wife and daughters
to receive their legacies also; my dear wife is also to have the one-
third of the annual income of my property situate on Baltimore
and Calvert streets."

This will was proved in the usual form by the subscribing wit-
nesses on the 8th of January, 1806, after which the following notes
were addressed to the Orphans' Court. " Being appointed by
Charles Rogers, deceased, one of his executors and trustees to his
estate, I decline from serving. Given under my hand this 18th
day of January, 1806, Nicholas Hopkins." "To the Orphans'
Court for Baltimore County: Baltimore, 21st January, 1806. I
hereby renounce my right of acting as executor or trustee under
the appointment in the will of the late Mr. Charles Rogers. Wil-
liam E. Smith." "Whereas I have seen the last will and testa-
ment of my friend Charles Rogers, deceased, by which I am ap-
pointed one of his executors, and one of the trustees to his estate;
but finding myself very infirm and of great bodily weakness, am
under the necessity of declining to act in either capacity. Given
under my hand at Baltimore, this 11th day of January, 1806. John
Merryman. William Buchanan, Register."

The plaintiff's further stated, that the trustees, Merryman and
Smith, had refused to take upon themselves the trust proposed to
be confided in them by this will; and as there was no provision.
made by the testator, for having the trusts executed by one trustee
alone; Co. Lilt, 113, a; Ram. on Assets, 76; 1828, ch. 174; 1831,
eh. 311, s. 11; nor any compensation allowed to all the trustees,
or to the one trustee, Hopkins, who was willing to undertake the
trust; the bill prayed, that Hopkins might be authorized to act
alone; and that he might be compensated for his trouble.

The defendants Merryman and Smith, by their answer admitted
the facts as set forth, renounced all right to act as trustees, and
left the matter to be disposed of by such decree as might be deemed
proper.

KILTY, C., 27th February, 1806.—Decreed, that Nicholas Hop-
kins be appointed trustee for the purpose of carrying into effect
the will of Charles Rogers, deceased, in as full and ample manner
as the defendants Merryman and Smith, and the plaintiff Hopkins
were directed and empowered by the will of the deceased: provided,
that Hopkins, before he acts as such, files with the * register
a bond to the State with surety to be approved by the Chau- 172

11 2 B.