JONES P. STOCKETT—2 BLAND. 395
come into his hands, as a part of the said trust fund, with the reg-
ister, to be by him deposited in the Farmers Bank of Maryland to
the credit of the case, subject to further order.
The plaintiffs Jones and wife, by their petition, stating that the
defendant Stockett had, under this order, paid into Court the sum
of $1,652.28; and that the executors were perfectly willing that
the money already deposited, and which might thereafter be de-
posited on account of the said trust fund, should be paid over to
the plaintiff Samuel, upon his giving bond with approved surety.
Whereupon they prayed that the same, together with all the resi-
due of * the trust fund, when deposited, might be paid to
the petitioner Samuel, on his giving bond with approved 412
surety.
BLAKE, C., 21st September, 1825.—The petition of Samuel Jones
of Joshua, and Ann his wife, has been read and considered. It
was my intention, by the order of the 31st of August last, to place
the money constituting the legacy to the plaintiff Ann, at once in
perfect security, and to give her time to be heard as to the mode
of investment, so far as the testator had allowed of any range of
discretion in that respect. From the language of the will, it cer-
tainly could not have been the intention of the testator that the
legacy he thus gave to his niece should be put into the hands of
her husband, upon any terms whatever. But apart from that
manifest intention, where the profits only of a legacy are given, as
in this instance, to a woman for life, and the principal in remain-
der to her children, it might evidently be attended with the most
pernicious and ruinous consequences to take the principal, given
to the children in remainder, from the hands of the trustees, and
place it in the hands of their father. His influence might prevent
them from exacting from him their just right during his life; and
on his death insolvent, they might feel a great repugnance to mak-
ing his securities answer for the loss they had sustained by reason
of his misfortunes. Carpenter v. Heriot, I .Eden, 341; Wycherley
v. Wycherley, 2 Edm,180. The good feelings between parent and
child, so far from being put, in jeopardy, should be sustained and
cherished. Ex parte Hopkins, 3 P. Will. 155; Lempster v. Pomfret,
Amb. 154; Lyom v. Blenki, 4 Cond. Cha. Rep. 115. Therefore,
even if this money might be put out upon mere personal security,
I should deem it improper to place it upon such security, in the
hands of the father of those who are to take in remainder. Langs-
ton v. Olivant, Cooper's Rep. 33. The testator has, however, ap-
parently aware of the ill consequences of such a disposition of the
fund, expressly declared it to be his design, that the trustees should
retain in their hands the principal sum of $7.000, and put the same
out on interest on good security, for the purposes aforesaid.
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