250 CONTEE r. DAWSON.—2 BLAND.

Where a sum is directed to be invested, and the investment is given to one
for life, with remainder over, the interest which accrued before the in-
vestment, was held to be a part of the sum directed to be invested, (g)

Where it becomes necessary to determine the day on which an event hap-
pened, and the proof only designates a space of time within which it
happened, the middle of that space is assumed as the day on which it
took place.

THIS bill was filed on the 15th of November, 1824, by Edmund
H. Coutee, and Eleanor his wife, and Josias Hawkins, and Caro-
line A. his wife, against Eleanor Dawson, Philip A. L. Contee,
Elizabeth Clerklee, Margaret Clerklee, and Sarah E. Glerklee, for
the purpose of recovering a legacy given by the late Ann Bussell,
of England, to the children of Margaret Russell Clerk, which the
plaintiffs alleged had come to the hands of the defendant Eleanor
Dawson as executrix of William Dawson, deceased, who was the
surviving trustee.

The several defendants answered. And the executrix, Eleanor
Dawson, in her answer filed on the 27th of September, 1825,
265 * admitted that the legacy had been given as stated; that it
had been received and invested by the trustees; that her testator
had been the surviving trustee; that he, as such, believing he had
the proper authority to do so from the parties interested, had made
sale of the English stock in which the legacy had been invested,
and had the proceeds, amounting to $8,273.33, remitted to him
here; and that, on the 24th of March, 1810, he invested $3,828.88,
part thereof, in stock of The City Bank of Baltimore; and the
further sum of $4,444.44, other part thereof, he had loaned to
James Clerklee, on a mortgage of real estate; and the residue,
amounting to £212 0s. 0d. sterling, remained in the hands of Went-
worth, Chaloner & Co., of London, bankers of her testator, who
claimed a right to retain it iu discharge of a debt due from him.
"That she has not yet beer able to settle up the estate of her tes-
tator, and that there are considerable debts now due to the same
which are still unpaid, and that the assets now in her possession
are insufficient to discharge the debts due by the testator." Va-
rious other matters were set forth and relied on in this answer,
which it will be unnecessary to notice here, as all the material al-
legations of the parties, and the circumstances of the case are fully
stated by the Chancellor in his opinion.

The plaintiffs by their petition alleged, that the testator of the
defendant, Eleanor Dawson, had been a trustee for the benefit of
them and others interested in the legacy; that as such he had re-
ceived £2,406 14s. 2d. sterling, and withheld it from them, as did
the said Eleanor since his decease; that the said Eleanor Dawson
had, under oath, settled a final account in the Orphans' Court-

(g) See Abercrombie v. Riddle, 3 Md. Ch, 320.