422 TILLY r. TILLY.—2 BLAND.

purpose; that the said persons have each received from him, more
than their proportions, if the same should be divided equally
among them. Horatio Tilly has only received the sum of $5.68.
He was bound apprentice to a trade in the City of Washington,
and in a short time after the sale, absconded ; and has never been
since heard from; and that is the only evidence of the death of
the said Horatio; that the said Lucretia and Margaret Tilly, were
deserted by their relations, and in danger of perishing from want,
when the said Sarah Tilly, who has since intermarried with the
petitioner, herself contracted for her board, with Mrs. Ann Hyde,
prevailed on the trustee to pay her board for one year, out of the
proceeds of sale; stating, that she herself would, about that
time, be married, and able to take care of them after that time.
But her marriage not taking place, this trustee was compelled, by
motives of humanity, and by the intreaties of the said Sarah, to
advance considerable sums from his own pocket, for their mainte-
nance, they having no other property, or see them turned destitute
into the street. For which expenditures, and all other expendi-
tures as trustee, he refers to the vouchers herewith filed; and which
he prayed to be permitted to establish by proof where they are not
in themselves legal evidence; that Horatio Tilly owes no debts; and
the object of obtaining administration of Ms estate, is to divide
the proceeds among his said brothers and sisters: and this trustee
conceives, that he ought, at least, to be allowed the amount of the
said Lucretia's and Margaret's parts of the said Horatio's in
terest, if he have any, and which he has already extended for their
benent; and he further contends, that he ought to be allowed the
whole of the amount claimed by the administrator of the said Ho-
ratio, even against his creditors; but is ready to bring the same
into Court, if required.

BLAND, C.. 10th April, 1830.—The matter of the petition of
Berry Griffith, standing ready for hearing, and having been sub-
mitted on notes by the solicitors of the parties, the proceedings
were read and considered.

This devise, as regards these infants, is one of a very singular
* character. It is clear, that the trustee was to hold, at all
442 events, for the use of the testator's daughter, Elizabeth
Tilly, during her life; but whether any or what interest, during
the same time, vested in her children seems doubtful. It is cer-
tain, however, that as tenant for life, she was constituted the per-
nor of the profits of the estate charged, either for her own exclu
sive use, or for her own benent, and also for the maintenance of
her children. During her life, therefore, it could only be the duty
of the trustee to hold the legal estate for the purpose of protecting
the right thus given to her. But on her death, a new and different
interest vested in her infant children. After her death, the trus-