TILLY v. TILLY.—2 BLAND. 419

E. Tilly and Elizabeth Tilly were both dead, leaving these parties
her children, all of whom were then under age; that Nicholas
Brewer had been appointed trustee for them, and had taken upon
himself * the trust; and that the said land was not in a
state of improvement, such as to produce any advantage to 438
these parties; but might be sold to the advantage of all concerned.
Whereupon it was prayed that a decree might be passed for the
sale of their interest, and that they might have such other relief
as the nature of the case should require.

KILTY, C., 27th October, 1817.—The defendants Lucretia and
Sarah Tilly being before me, and appearing to be infants under
the age of twenty-one years, Dennis Clande is hereby appointed
guardian to them for the purpose of answering on their behalf to
the bill.

On the same day. the infant defendants put in their answer by
their guardian ad litem, in which they say that they admit the
facts stated in the said bill, and were willing that a decree should
be passed according to the prayer of the bill.

KILTY, C. ,27th October, 1817.—Decreed, that the interest of
the parties in the land in the proceedings mentioned be sold, that
Nicholas Brewer be appointed trustee for making the sale, &c. He
shall then proceed to sell the said real estate, either entire, or in
such parcels as he shall deem advantageous, either at public or
private sale, after giving at least three weeks' notice in some con-
venient newspaper, in the event of a- public sale, of the time, place,
manner and terms of sale, which shall be that the purchaser shall
give bond with approved surety, for paying the purchase money,
with interest, within twelve mouths from the time of sale. &c.(e)

(e) This bill does not ask for a partition, and therefore could not have been
sanctioned by the Act of 1785. ch. 72, s. 13, or the Act of 1794, ch. 60, or by
any other course in relation to partition; if, indeed, the interest of these
infants could have been made the subject of a suit for partition. It must,
therefore, be considered, as it appears to have been, the first decree under
the Act of Assembly, which declares, that where any infants are possessed
of any real estate whatsoever, it shall be lawful for the Chancellor, upon
the petition of the guardian or prochein ami of such infants, after summon-
ing such infants, and their appearance by guardian, to be appointed by the
Chancellor, upon the hearing and examination of all circumstances, and
upon its appearing to the Chancellor that it will be for the interest and ad-
vantage of such infants to sell such real estate, or any part thereof, to order
such lands, or any part thereof, to be sold upon such terms as the Chancellor
may direct. That the proceeds of the sales shall be paid over to the guar-
dians of such infants, to be invested in such public stock, or other permanent
funds, as will, at ieast, net six per centum per annum at the time of the
purchase, and as the Orphans' Court of the county, by whom such guar-