194 WINDER v. DIFFENDERFFER.—2 BLAND.

interest to a party whose money has been unjustly withheld, or mis-
applied, is that of commutative justice, considering the interest as a
full compensation for the injustice done, and as the proper, or only
remuneration which the Court can award in such cases; 1 Fonb. 3;
2 Fonb. 423; and, consequently, to lessen or altogether to withhold
from a trustee any allowance to which he may be justly entitled,
upon the same ground on which he had been charged with simple
or compound interest would be, in effect, to impose upon him a
tine or forfeiture upon the principles of vindictive justice; and to
punish him for an offence which the Court itself had declared
would be sufficiently expiated by the payment of simple or com-
pound interest. The duties performed by a trustee, may have
been so light, or may have been performed in so negligent or un-
skilful manner as, on that ground, to entitle him to small, or per-
haps to no commissions at all; but to whatever commissions he
may be entitled, they certainly should not be lessened, or alto-
gether withheld, upon the ground of his having done, or omitted
to do anything for which the payment of simple or compound inte-
rest had been awarded as a compensation; because every single
transaction must be considered by itself. Sammen v. Rickman, 2
Ves. Jun. 37; Adye v. Feuilleteau, 3 Swan. 87, note. Recollecting,

however, that a trustee cannot be allowed to retain or
208 * receive anything, as a compensation, until he has paid all
he owes to the plaintiffs, or cestui que trust.

It is clear that this trustee, John Diffenderffer, is entitled to
some commission, and as his claim to such compensation cannot
be affected by a reference to those circumstances, upon which he
has been charged with compound interest, it follows, that the
amount of his commissions can only be determined by a considera-
tion of all other circumstances connected with the discharge of his
duty as trustee. It appears from the proceedings, that he has had
in all respects, as complicated and troublesome an estate to deal
with, as ever was committed to the management of a trustee of
any denomination. His receipts have been very numerous, many
of them small; and the collections and disbursements, it is evident,
must have been attended with much trouble; and, therefore, upon
every principle of analogy, apart from considering him as the suc-
cessor of the trustee Vincent, to whom ten per cent, had been
allowed, I am of opinion, that ten per cent, commission is a rea-
sonable compensation, and shall therefore ratify the statement of
the auditor, which makes that allowance.

Whereupon, it is decreed, that the statement D, making a part
of the auditor's report, filed on the 10th of November, 1828, be and
the same is hereby ratified and confirmed; and all other statements
at the same time reported by the auditor, together with his report
of the 26th of March last, be and the same are hereby rejected:
and all the exceptions of the parties at variance with the statement
D, are hereby overruled.