TILLY v. TILLY.—2 BLAND. 421

is shewn, by this petitioner himself, to have abated by the death
of one of the materially interested parties; and therefore, it can-
not, in any way, be further proceeded in, until it has been regu-
larly revived. But this is a special form of proceeding, sanctioned
by the Legislature, whereby a sale of the real estate of infants
may be ordered, on its being shewn to the Chancellor, to be for
their interest and advantage that it should be sold, and the pro-
ceeds of the sale invested in some public stock, or other permanent
fund for their benefit. It is a form of judicial proceeding, which
may be originated and prosecuted to a conclusion by a next friend
and a guardian of an infant, without the infant himself ever hav-
ing had the least knowledge of it whatever. And therefore, it
cannot be treated as an adversary suit, which abates by the death
of an infant who was a party to the proceeding; since his heir, or
representative comes in after his death, not to prosecute or defend
an unsettled right, but merely to claim that, in a new form, the
right to which had never been drawn in question; and was not
then, in any way, to be put in issue. The representative is let in
to make his claim as from the deceased infant's guardian, consid-
ering this Court in such a proceeding for the sale of the infant's
estate, as having officiated as his guardian, by having thus under-
taken the conversion and management of his estate. The interest
of these infants sold under the decree, was of a nature that could
not, on their death, descend to their heirs as real estate; and there-
fore, this administrator of Horatio Tilly, deceased, who was one
of the original parties to the proceeding, may now well be allowed
thus to come in, to obtain so much of his intestate's interest as
remained unsatisfied, at the time of his death, by the trustee
Brewer.

Ordered, that the said trustee forthwith make & full and par-
ticular report of his proceedings on oath; and bring into Court all
the money now in his hands, as prayed, or show good cause to the
contrary, on the third day of December next; provided, that a
copy of this order, together with a copy of the said petition, be
served on him on or before the twenty-first instant.

On the 3rd of December, 1829, the trustee Brewer, made report
on oath, in which he says, that he received a small part of the
proceeds of said sale in cash; that the greater part was paid by-
said Joseph Evans, to the said Lucretia, Edward, Elizabeth, Mar-
garet and Sarah Tilly, or for their benefit, with the trustee's con-
sent; * that considering the proceeds of the said sale to be
applied to the maintenance of the aforesaid persons, some 441
of whom, to wit : Lucretia and Margaret, were very young, and
totally unable to provide for themselves, in such proportions as
their respective necessities required, he appropriated the whole
proceeds of sale, and a considerable additional amount to that