JOKES v. STOGKETT.—2 BLAND. 403

he were to do so, it would not be applied according to the intention
of the testator.

On the 28th of October, 1828, the defendant Stockett put in his
answer, in which he prays that the former proceedings may be
taken as a part of this, his answer, and admitting the facts which
he had therein admitted, says that he is indebted by mortgage, as
stated in the bill, and that he is ready and willing to account, &c.

To these answers the plaintiff's put in a general replication, and
a commission was issued, under which testimony was taken and
returned, from which it appeared that the pecuniary circumstances
of John Shipley, the father of the plaintiff Larkin Shipley, were
such that he was unable to give to his son even a common eountry
school education, without laboring under some inconvenience with
regard to the rest of his family. After the return of this commis-
sion, these four cases were together brought before the Court.

BLAND, C., 5th November, 1829.—These cases standing ready
for hearing, and having been argued by the counsel for the com-
plainant Larkin Shipley of John, and the defendants * Stock-
ett and Wayman, it is thereupon, with the consent of the 421
parties, decreed, that these cases be, and they are hereby consoli-
dated, and that the said defendants Richard G. Stockett and
Henry Wayrnan account with the complainants in the premises. It
is further decreed, that these eases so consolidated, be, and they are
hereby referred to the auditor to state the accounts, and to inquire
whether any, and what allowance shall be made, and to whom, for
the maintenance and education of the, complainant for the time
past or to come; and that he take any testimony adduced by either
party relating to the said matter. It is further decreed, that the
defendants Richard G. Stockett and Henry Wayman make a full
and particular report of their proceedings, as trustees under the
will of Larkin Shipley, deceased, setting forth what debts due the
deceased they have collected, and when; specifying the amount of
principal and of interest and costs separately, and what invest-
ments they have made of the same, or of any other funds of the
deceased in their hands; and that they bring into this Court any
securities, or evidences of loans, or investments of any of the said
funds, and the vouchers for any expenditure heretofore allowed
them by this Court, or the Orphans' Court of Anne Arundel
County. And it is further decreed, that the said Richard G.
Stockett and Henry Wayman, on or before the fifteenth day of
November next, file in this Court, a bond or bonds, with surety to
be approved by the Chancellor, in the penalty of $20,000, with condi -
tion for the faithful discharge of the trusts reposed in them by the
will of the said Larkin Shipley, deceased.

After which, the auditor made up a report, as of the 30th of No-
vember, 1829, which he filed on the 4th of December following in,