414 JONES v. STOCKETT.—2 BLAND.
events, to be maintained and educated by them; and, under that
impression, they have made some advances to the father on that
account. I shall, therefore, on the ground of allowing that to
stand which appears to have been well intended, and might have
been ordered, affirm the auditor's report, in this respect, awarding
so much, as therein stated, to be paid to the father.
Trustees are never charged, in any way, but on the ground of
some fault or neglect. Here no misconduct can be imputed to
these trustees; and therefore, the plaintiff Larkin Shipley's excep-
tions to the auditor's report must be overruled.
Whereupon it is decreed, that the trustees Richard G. Stockett
and Henry Wayman without delay invest the residue of the
amount of the legacy given to the said Ann Jones in such stocks
or way *as may be suggested by the said Jones and wife as
433 heretofore allowed; and that the investment be made in the
names of the trustees as directed by the order of the 20th of Jan-
uary, 182G. And it is further decreed, that the trustees Richard
G. Stockett and Henry Waynian apply the yearly proceeds of the
property devised and bequeathed by the testator Larkin Shipley
to his nephew Larkin to his education only so long he may reside
with his father. But, that the trustees, with the permission of the
father of the infant Larkin Shipley, without delay, place him at
some good grammar school in this State, there to be educated as
directed by the testator until the further order of this Court; and
that the said trustees pay all the expense, as well of his mainte-
nance as of his education at such grammar school, if the said in-
fant should not reside with his father, out of the annual income
of his property so as aforesaid given to him. And it is further
decreed, that subject to, and excepting the applications of the
yearly proceeds herein before directed, the said trustees without
delay invest all the moneys so as aforesaid given unto the said infant
Larkin Shipley, as well the principal thereof as all accumulations
of interest, dividends, rents, issues and profits arising from the
property so devised and bequeathed; which have been or may
hereafter be collected, accrue and come to their hands, exclusive
of the principal sum secured by the said mortgage executed by
the said Richard G. Stockett, which is hereby declared to be an in-
vestment for so much, in the stock of The Farmers Bank of Mary-
land; or in the stock of some one of the banks of the City of Balti-
more which have been incorporated by the laws of this State; the
said stocks to be transferred unto and held by and in the name of
the said trustees or the survivor of them for the uses, intents, and
purposes in the will in the proceedings mentioned; the interest or
dividends thereon, as the same may become due and be collected,
shall be applied as herein before directed. And it is further de-
creed, that the reports of the auditor, so far as regards the ac-
counts of the said trustees; and also in so far as the same accords in
|
|