400 JONES v. STOCKETT.—2 BLAND,

In regard to the fee here proposed to be allowed to the solicitor
employed by the trustee, it has been with propriety laid down,
that where a trustee, in the fair execution of his trust, has ex-
pended money by reasonably and properly taking opinions, and
procuring directions that are necessary for the due execution of
his trust, he is entitled not only to his costs, but also to his charges
and expenses, under the head of just allowances. Webb v. Shaftes-
bnry, 1 Ves. 481; Fearns v. Young, 10 Vex. 184; 2 Fonb. 176; Brock-
sopp v. Barney, 5 Mad. 90. For these reasons this fee may well be
allowed.

Whereupon it is ordered, that the said exceptions be ruled good,
and that the auditor correct his statements accordingly.

On the 10th of March, 1828, the auditor reported, that he had
corrected the accounts as ordered; that there was due from Way-
man the sum of $183.42; from Stockett $9.79; and that Jones and
wife had been been overpaid their annuity to the amount of $289.99.

After which, the trustees having brought in and deposited a
further sum of money, it was. on the petition of the plaintiff's, or-
dered to be invested in stock of the Farmers and Mechanics Bank
of Frederick County.

On the 15th of November, 1827, Richard G. Stockett and Henry
Wayman filed their bill here against Samuel Jones of Joshua, and
Ann his wife, and Larkin Shipley, an infant. This bill stated that
the late Larkin Shipley, who was, at the time of his death, possessed
of and entitled to considerable real and personal estate, by his will
gave a legacy to this defendant Ann, and the residue of his estate
to this defendant Larkin in the manner therein mentioned, and
* invoked into this case the beforementioned proceedings,
418 under the bill filed by these defendants Jones and wife
against these plaintiffs; which case had been referred to the au-
ditor, who had stated several accounts. But that this defendant
Larkin, not being a party to those proceedings, or bound thereby,
might, at any future period, impeach the correctness of the accounts
of these plaintiffs, which had been approved in that case; that,
owing to peculiar circumstances, to the localities of the property
of the testator, and to the residence of these plaintiffs, and the
ceatuis que trust, a division of the trust property, aud of the duties
of these plaintiffs, was desirable, so that the plaintiff Stockett
might have the management of the fund invested for the benefit
of this defendant Ann, and that the residue of the estate might
be confided to the plaintiff Wayman. Whereupon, the bill prayed
for such decree as the Court might deem just.

On the 24th of December, 1827, Jones and wife filed their answer
to this bill, in which they admit the will and proceedings in the
suit instituted by them, aud say, that, in consequence thereof, a
portion of the legacy of $7,000, to wit: the sum of $3,552, or there-