406 JONES v. STOCKETT.—2 BLASD.

from the plaintiffs, Jones and wife, being alone interested in the
investment, those in remainder have, by much, the largest interest
in the safe disposition of this sura; so that the whole principal
may reach them uudiminished after the *life interest, in its
profits, shall have fallen in. But as the plaintiffs, Jones
and wife, have an interest in its being most profitably disposed of,
compatibly with its ultimate safety, it was obviously proper that they
should be consulted so far, and to that extent; and they were so
heard accordingly. But the Court considered itself bound to act
as the ex officio guardian of the interests of those who are to take
in remainder; and who may not be now in existence, or if they
are, having no present vested right, could not be made parties to
this suit, it is therefore perfectly clear, that Jones and wife are
not alone interested in the investment of this sum of money.

The plaintiffs Jones and wife, have also affirmed, that they did
not expressly ask or require the $7,000 to be brought in; and that
the doing so, was not only not prayed for by them, but was con-
trary to their wishes, and had occasioned to them a loss of five
months' interest.

But, by their bill, filed about eighteen months after the death of
the testator, they complain, that the executors had not paid them
all to which they were entitled; that they had suffered the money
to remain unproductive in their hands, and had failed to execute
their trust—whereupon the bill prayed, that the trustees might
account, and especially, that they should be required to put the
$7,000 out at interest, so as to have it made productive to the plain-
tiffs. Jones and wife, thus expressly made it a ground of complaint,
that the money remained idle in the hands of the trustees; and also
expressly prayed for the direction of the Court to the trustees as
to the investment. The defendant Stockett, at the very next term
after that to which he had been summoned; and as soon as he could
have been compelled, or was expected to appear and answer, put
in his answer, submitted to account immediately, and to such direc-
tions as the Court should give in relation to the investment; and
in a few months thereafter, offered to bring into Court a large
amount applicable to the trusts of the will; and asked for the
direction of the Court as to the disposition of it; which money
was thereupon ordered to be brought in and deposited, subject to
further order. The ground of complaint against the trustee Stock-
ett, was therefore, without delay, removed both in word and deed;
and a part, at least, of the subject was placed in a condition to
have the prayer of the plaintiffs, Jones and wife, granted at any
moment when they should move, so as to enable the Court to act
with a due regard to the interests of all concerned.

* It has been long, and well settled, that in all cases where
425 propery has been vested in a trustee; or placed in his hands;
or put under his control for the purpose of securing it for the benefit