JONES v. STOCKETT.—2 BLAND. 401

abouts, had been brought in and invested, although not expressly
asked or required to be brought in; that they were extremely anx-
ious to have the balance brought in and invested, as should be re-
commended by them, who were alone interested therein: but
objected to the separating of the joint trust reposed in the plain-
tiffs relative to the said bequest; at all events, not until the whole
sum should have been invested in a manner satisfactory to these
defendants.

On the 20th of March. 1828, the infant defendant Larkin an-
swered by his guardian ad litem, that he was unacquainted with
the facts stated in the bill, and prayed The protection of the
Court.

On the 31st of July, 1828, Larkin Shipley, then an infant, by
John Shipley, his guardian and next friend, filed his bill against
Richard G. Stoekett. Henry Wayman, and Samuel Jones, of Joshua,
and Ann his wife. This bill states that the late Larkin Shipley
made his will, &c. as before started, which proceedings in the suit
of Jones and wile, against Stoekett and Wayman, he exhibited
and prayed, might be taken as a part of this his bill; that this
plaintiff Larkin was still an infant under the guardianship of his
father John Shipley, who was unable out of his own funds, suitably
to maintain and educate him; that during a short period, after the
death of the testator, the defendants Stoekett and Wayman, "had
advanced to the father and guardian of this plaintiff small sums
for his maintenance and education, but * have latterly re-
fused to make any further advances, whereby he has been 419

unjustly deprived of the most important benefit intended for him
by the testator; that there were sundry debts due to the testa-
tor, which the defendants Stockett and Wayman had neglected to
sue for and collect; and, amongst others, a debt due from the de-
fendant Stoekett, secured by mortgage for $3,186, with interest
from the oth of May, 1811, payable annually; which interest had
not been accounted for. Whereupon, the bill prayed that the trus-
tees might be ordered to render a true account of the management
of the trust fund; that they might execute the trust; that the resi-
due of the legacy to this defendant Ann might be invested; and
the residue of the trust property ascertained and invested in some
productive fund, and the rents of the lands, and the interest of the
money paid over to the guardian of this plaintiff, for his mainte-
nance and education; that the said trustees might be ordered to
collect immediately all debts due to the testator, the interest of
which was not punctually paid annually, and be compelled to pas-
inerest on all sums improperly retained in their hands, and to
give security for the faithful performance of their trust, and that
the plaintiff might have such other relief as the nature of his case
might require.

26 2B.