170 WINDER v. DIFFENDERFFER.—2 BLAND.

And it is further decreed, that William S. Winder and Araminta
Winder his wife, in right of the said Araminta Winder, shall hold
in severalty and not jointly with the other parties to this suit, one
third of the real and leasehold estate within the lines of Gallow
Barrow aad Eogers' Inspection, of the estate of Charles Bogers
deceased, and which is particularly designated and described by
commissioners in their said return as follows, &c.: (So in like form
as to the others.)

And it is further decreed, that each of the before mentioned par-
ties, among whom the property and estate hereinbefore mentioned,
has been divided; and to whom it has been adjudged to be held in
severalty by this decree, pay his or her own costs, to be taxed
181 *by the register, in due proportion to the amount of prop-
erty to him or her adjudged and awarded.

The auditor reported on the 10th of November, 1828, that he
had stated several accounts, some at the instance of the plaintiff's;
and others according to the instructions of the defendant John
Diffenderffer; and had then stated an account marked D agreeably
to his own views of the justice of the case; in which he had allowed
the trustee Diffenderffer a commission of ten per cent, as allowed
to the former trustee; but he had charged interest on the balances
in the trustee's hands at the end of each year. As these balances
consisted in part of interest, charged on former balances in hand,
the trustee was thus charged with compound interest. But as this
account might, in this particular, be questioned, he had stated
another account, in which interest was not so charged. And that
in continuation of each account he had distributed the balance,
in the trustee's hands, amongst the plaintiffs and the infant de-
fendants; allowing the complainants one-third of the balances,
and to each of those defendants one-third of the remaining two-
thirds.

To these accounts the plaintiffs filed the following exceptions:
They excepted to account A; because, interest is not properly
charged therein; because, a credit is allowed for various sums for
which no credit can, or ought to be claimed; because, a commis-
sion is therein allowed to John Diffenderffer; because, a credit is
allowed for rent, not received of Mrs. Sparks' family, under a rep-
resentation, that it was lost by default of the complainants' solici-
tor, when, in truth, no such default ever existed, and no proof is
made of it; and because, in other respects, the account is insuffi-
cient and defective and against the proof in the cause. They ex-
cepted to account B; because, interest is not properly charged
therein; because, various credits are there given which ought not
to be allowed said Diffenderffer; and because, the account is defec-
tive and unsupported by proof. They excepted to account D; be-
cause the trustee is allowed a commission of ten percent.; because
interest is improperly charged, not a sufficient amount being al-