280 CONTEE v. DAWSON.— 2 BLAND.

late trustee William Dawsou, specifies as the amount of the pro-
ceeds of the sale of the stock is formed altogether of that in which
the capital of the legacy itself had been regularly invested; and
for the whole amount of which his representative, the defendant
Eleanor Dawson, is chargeable.

It is objected, by one of the exceptions of the defendant Elea-
nor Dawson; that if she was liable for interest at all, it could only
be from the death of Margaret K. Clerklee, which happened on
the 23d of November, 1818, and not on the 15th of October of that
year. The only proof in relation to the time of the death of Mar-
garet B. Clerklee, is that she died in the fall of the year 1818.
The long established rule of the Court, in this respect, is, that
where it becomes necessary to determine the price or value of any
thing', and the witnesses differ, to strike an average, and to take
the mean as the true price or value, or where, as in this instance,
it becomes necessary to ascertain the exact date of an event, and
it is only proved to have happened within a certain designated
space of time, that the medium shall be assumed as the true date
* when it happened. And consequently, the auditor was
299 correct in this instance, in assuming the 15th of October,
1818, as the day of the death of Margaret K. Clerklee.

Whereupon it is decreed, that the statement marked B, as made
and reported by the auditor, be aud the same is hereby ratified
and confirmed; and that all other parts of the report of the audi-
tor, with the exceptions of the parties thereto, which are in any
manner at variance with the said statement marked B, are here-
by rejected and overruled.

And it is further decreed, that the defendant Eleanor Dawson,
pay or bring into this Court to be paid unto the said Edmund H.
Coutee, and Eleanor B. Contee his wife, the sum of $3,064.24, with
interest on the sum of $1,991.92, part thereof, from the 19th day
of September last until paid or brought into Court; and that the
defendant Eleanor Dawson, pay or bring into this Court to be
paid unto the said Josias Hawkins, and Caroline Ashton Hawkins
his wife, the sum of $3,186,11, with interest on the sum of $2,310.61,
part thereof, from the 19th day of September last until paid or
brought into Court; and that the defendant Eleanor Dawson,
pay or bring into this Court to be paid unto the said Elizabeth
Clerklee, the sum of $3,257.90,with interest on the sum of $2,600.77,
part thereof, from the 19th day of September last until paid or
brought into this Court; and that the defendant Eleanor Dawson,
pay or bring into this Court to be paid unto the said Margaret Clerk-
lee, the sum of $3,296.52, with interest on the sum of $3,016.03, part
thereof, from the 19th day of September last until paid or brought
into Court; and that the defendant Eleanor Dawson, bring into
this Court the sum of $3,296.52, with interest on the sum
of $3,016.03, part thereof, from the 19th day of September last