420 TILLY v. TILLY.—2 BLAED.

* On the 30th of July, 1818, the trustee reported that he
439 had made a private sale of the unexpired term in one hun-
and fifty acres of the tract of land called White Hall, namely,
until the youngest child of Elizabeth Tilly, deceased, should arrive
at the age of twenty-one years, unto Joseph Evans, who was enti-
tled to the reversion, on the 28th day of October, 1817, for the sum
of $1,500, which sum is not to bear interest until the said Joseph
Evans shall obtain the possession of the land, which is expected
to be in December, or the first of January next. This sale, as
thus reported, was finally ratified on the 15th of March, 1819.

On the 18th of November, 1829, Berry Griffith filed his petition
in this case, in which he stated, that Horatio Tilly, one of the par-
ties mentioned in the bill of complaint, was dead; that adminis-
tration of his estate had been granted to the petitioner: and that
the trustee Brewer, had received the purchase money for the inte-
rest on the land sold by him; and had failed to pay to the intestate
of the petitioner, the share to which he was entitled. Whereupon
the petitioner prayed, that the trustee Brewer, might be ordered
to make a further report; to pay the petitioner the share due to
his intestate; to bring the purchase money into Court, &c.

BLAND, C., 18th ^November, 1829.—This petitioner comes as the

administrator of one of the original parties. If this is to be re-

garded as a suit, in all respects analogous to an ordinary

440 * suit by one party, claiming adversely to another, then it,

dian shall have been appointed, shall direct. That the surplus interest,
after what may be necessary for the maintenance and education of the in-
fants respectively, as it accrues, shall be invested by such guardian, in such
stock as aforesaid. That no part of the principal arising from the sale of
any real estate, by virtue of this law, shall, in any wise be applied towards
the maintenance or education of any infant, unless the Chancellor shall
consider it necessary. That in case of the death of any such infants before
their arrival at lawful age, or their death, without lawful issue, the proceeds
of sale, or stock, shall be considered as real estate, and, as such, shall de-
scend to those heirs who would be entitled to the said lands in the same
manner as if the same had not been sold. And, that the Chancellor may
exercise all the powers herein provided, in all cases where infants are seized
of a reversion, dependent upon an estate for life, and upon the assent of the
tenant for life for the sale thereof, to order the annual interest, or such part
thereof as may be deemed equitable, to be paid over to such tenant for life,
during his life.—1816, ch. 154.

It would seem that this Act had been understood, and intended by the
Legislature, to embrace none other than legal estates of inheritance; be-
cause, apart from its general phraseology, of its expressly directing that the
proceeds of the sale should, on the death of the infant, descend in the same
manner as the land would have done; and because, by a subsequent enact-
ment, it has been expressly declared that it should extend to equitable titles
to real estates.—1818, ch. 193, s. 7. But the interest here directed to be sold
was a mere use, determinable by the death of full age of the infants.