426 TILLY v. TILL?.—2 BLAND.

be treated, and allowed to account as their guardian, so far as he
may have made any application of the proceeds, or in any manner
contributed to their maintenance, to the extent of the proportion of
the proceeds to which they may each one of them respectively be
found to be entitled. In his other capacity of trustee or agent, em
ployed by this Court to make the sale, ordered by the decree, he
must he charged with the whole amount of the proceeds of sale
with interest, from the 1st of January, 1818. As an offset to which,
he will be credited with all applications made for the maintenance
of the infants, to the extent, and in the manner described: with
* interest from the time of their being made; and the balance,
446 if any, with interest thereon, he will be directed to bring into
Court.

Whereupon, it is ordered, that this case be, and the same is
hereby referred to the auditor, with directions to state an account
accordingly. And each party is hereby permitted to take testi-
mony in relation to the said account before any justice of the
peace, on giving three days'notice as usual. Provided, that the
said testimony be taken and filed in the Chancery om'ce on or be
fore the twelfth day of .Tune next.

On the 9th of December, 1830, the auditor made a report in
obedience to this order, in which he said, he had stated an account
No. 1, between the trust estate of Elizabeth Tilly and others, and
the trustee, in which-the proceeds of sale are first applied to the
payment of the trustee's allowance for commission and expenses
and costs of suit, and the residue is distributed amongst the infant
children of Elisabeth Tilly, deceased, in manner as directed by the
aforesaid order. The auditor has adopted the agreement of the
20th of July last, signed by the solicitors of Berry Griffith, and
the trustee, aa evidence of the ages of those children. He has
then stated accounts between said trustee, and each of said infant
children, which are numbered 2, 3, 4, 5 and 6, charging the trustee
with each child's ascertained share of the proceeds of sales, and
interest thereon from the first of January, 1818, to this date; and
allowing credit for his disbursements, with interest on each dis-
bursement from its date to this time. The result of those accounts
is, that Elizabeth Tilly, Sarah Tilly, and Lucretia Tilly have been
fully paid and satisfied; that there remains due to Horatio Tilly,
deceased, the sum of $263.95, with interest on $153.09 from this
date; and to Margaret Tilly the sum of $243.92 with interest from
this date.

To this report of the auditor the trustee Brewer cxcepted; and
the case being submitted, it was, on the 29th of January, 1831,
ordered, that the exceptions be overruled, that the report be con-
firmed, and that the proceeds be applied accordingly.