404 JONES v. STOCKETT.— 2 BLAND.

which he says that Stockett and Wayman, and the solicitor of
Shipley, had appeared before him; that Wayman had filed his re-
port and vouchers, with an agreement signed by the parties, and
that Stockett had also hied his report, from all which, and the
proceedings, as directed by the decree of the 5th of November, he
had stated, first, an account between Wayman and the estate of
the testator, from which it appeared that Wayman had in his
hands the sum of $3,105.75; second, an account between Stockett
and the said estate, in which he was charged with the arrearages
of interest on bis mortgage to the testator to this date; leaving a
balance in this executor's hands of $827.04; third, an account be-
tween the said estate and Jones and wife, of their principal legacy
and interest thereon. From which, it appears that, on account of
the * principal legacy of $7,000, the sum of $3,552 had been
422 invested, and the further sum of $822.40 is deposited in
Court to be invested, leaving a balance of $2.625.60 to be provided
for; and that the sum of $97.90 was due to Jones and wife for
arrearages for their annuity to this date. The auditor further
says, that the parties in their agreement annexed to the report of
Wayman have assumed that the sum of $150 per annum would be
a reasonable allowance for the maintenance and education of the
infant Larkin from the death of the testator; and under the cir-
cumstances the auditor was inclined to adopt the estimate. The
infant Larkin was admitted to be about twelve years of age, and
excluding some small balances due, the amount of which could not
be exactly ascertained, the residue of the personal estate, be-
queathed to the said Larkin, might be assumed to consist of,

The mortgage debt of Richard O. Stockett.....$3,186 00

Balance as cash in his hands................... 827 04

" in the hands of Henry Wayman....... 3,105 75

Principal debt due from Elisha Brown, of Samuel,

and Samuel Brown, Jr................... 437 00

$7,555 79
Which is charged with the balance of the legacy

bequeathed to Mrs. Jones and children.... 2,625.60

Clear balance.................... .$4,930 19

The estate bequeathed to Larkin Shipley, including a real estate
which then rented for $36, might therefore be safely estimated to
yield two hundred and fifty dollars per annum. The auditor more-
over says, that it also appeared from the agreement aforesaid, that
the said Larkin had been maintained and educated by his father,
John Shipley, from April, 1827, to the present time; for which the
proper allowance at the rate aforesaid, would be $393.75. And
that he had received on account $70: leaving a balance due of