42 i TILLY P. TILLY.—2 BLAND.

It must now be assumed, that the Court had the power to order
the interest of these infants to be sold, as directed by the decree
of the 27th of October, 1807; since that decree cannot now be in
any way revised or reversed. 1785, ch. 72. s. 27. And it must
also be presumed, that the sale so ordered was intended for the
benefit of each of these infants respectively, according to the terms
of the devise, under which they claim, as the sale of that interest
so given, was alone ordered to be sold by the decree; and conse-
quently, the right of no one of them can now be taken to have
been in any respect enlarged, lessened, or impaired by that decree.
As infants, and during non-age, their claims were exactly equal;
but, considered as elder and younger children, the extent and
duration of their interests, in the proceeds of sale, are essentially
different. The interests of the younger being greater than those
of the elder, in proportion as the difference of age gives to the
younger or survivor, a right to have a greater share of the whole
annual product, applied to their maintenance after the death or
full age of the others.

If the charge upon this real estate, for the benefit of these in-
fants, had been suffered to remain, the whole profits must have
been applied for the use of those only who were the infant survi-
vors at the time the profits accrued. And as it could not have been
the intention of the Court to enlarge, diminish, or alter the rights
of any one of them by the sale, it is clear, that these proceeds of
sale; being in fact, the price of those rents and profits must be dis-
tributed * in like manner, and upon the same principles as
444 those rents and profits themselves would have been.

Suppose, therefore, the whole amount of the net proceeds of sale
to be $2,160, that sum would be equal to an average of $360 per
annum, for six years. Then supposing there to be six minors, the
youngest of whom would obtain his full age in six years from the
day of sale; and the right of one of them to be extinguished by
death, or full age, every year; it would follow, that during the first
year, there being six infants to maintain, each one would be entitled
to no more than $60, to be taken from the common fund; that dur-
ing the second year, there being only five infants, the dividend to
each would be $72; the next year there being only four infants, the
dividend to each would be $90; the next year, there being only
three infants, the dividend would be $120 to each; then, there
being only two infants, $180 would be awarded to each; and the
last infant would take the residue, being the price of the rents and
profits of the whole estate which would have accrued during the
period of his minority alone.

The day on which each of these infants came of age, or died,
mast be ascertained; and then the net proceeds of the sale must be
considered as the sum total of the rents and profits from the day
of sale, when the trustee's right to take them, ceased, up to the