TILLY v. TILLY.—2 BLAND. 433

tee is directed to hold "to and for the maintenance of her children,
until they should arrive at twenty-one years of age."

Where an estate is given to a trnstee to hold for the use of an
adult of sound mind, for life or any given period of time, the object
of the donation may he most beneficially obtained by considering
the donee as the actual pernor of the profits; and merely allowing
him to enter upon the estate, and gather for himself all the pro-
ducts and benefits he can obtain. But where such a donation is
made to infants or lunatics, for their maintenance, from the very
nature of the gift, it must be deemed to have been the intention
of the donor, that the actual pernancy of the profits should be
committed to other hands for the benefit of the cestui que use; be-
cause otherwise, the express purpose of the bounty might Tail, or
become altogether nugatory.

Therefore, I held it to have been the intention of this testator,
that his daughter Elizabeth, should be allowed herself, to take the
profits of the estate during her life, in any way she might deem
most advantageous; and. that after her death, the profits should
be collected by the trustee himself, and applied to the maintenance
of her infant children.

The testator has made no distinction as to the nature and
quality of the maintenance to be given to any of the infants; and
consequently, they must be all placed upon the same footing, and
he allowed to come in equally, share and share alike. And as it
is a gift for maintenance only, it is manifest, that it must cease as
well by the death as by the full age of each one of them, although
the testator is silent as to » termination of the right by death.
Hence, supposing the estate to he equally productive each year,
during the whole time this incumbrance continued, it. is evident,
that the fund thus appropriated for the maintenance of these in
fants,* would he applicable in greater proportions to the
younger or survivor of them, us the right of each elder or 443
other one, was terminated; since it is directed that the whole of
the profits should be given in maintenance, even if there should be
hut one infant left. If this right of these infants had not been
sold, there could have been no difficulty in directing the trustee to
collect the annual profits of the estate, and to apply them to the
maintenance of such of the infants, as should be alive at the time
of the distribution.

But the sale which has been made, presents the object under a
new aspect. The whole of the rents and profits which could ever
have been taken by the trustee for the benefit of the infants, have,
by a kind of anticipation, been gathered at once, and the estate
has been finally and conclusively discharged from the incumbrance;
and therefore, the question nowis, how are.the proceeds of the.
sale of the whole of this right to be administered ?