216 WILLIAMS' CASE.—3 BLAND.

By an Act of Assembly, passed before the Revolution, it was,
among other things, expressly declared, that if the estate of an
infant was so small, that its yearly profits and increase would not
extend to a free education and maintenance of him, he should be
bound apprentice to a trade until he arrived at lull age; unless
some relation or charitable person would maintain and educate him
for the small increase of his estate, without any diminution of the
principal. 1715, ch. 39, s. 9 and 10; 1729. ch. 24, s. 12 and 13.
Soon after the Revolution, the Legislature declared, that in case
the produce of the estate was not sufficient to maintain and edu-
cate the minor, in a proper manner, the Orphans' Court might
allow the guardian to apply a part of the principal of the infant's
personal estate, not exceeding one-tenth annually, to the purpose
of his education. 1785, ch. 80, s. 9. And, afterwards, by the tes-
tamentary system, it was declared, that the Orphans' Court should
ascertain the amount to be annually expended in the maintenance
and education of the orphan; regard being had to his tuture situa-
tion, prospects and destination; and, if it should be deemed advan-
tageous * to the ward, might allow the guardian to exceed
200 the income of the estate; to cut down and sell wood, to
make use of the principal; and to sell a part of it; provided, that
no part of the real estate should, on account of such maintenance,
or education, be diminished without the approbation of the Court

Hanson, deceased; and either here lying, or hereafter to be brought in, he
giving a receipt for the same.

On the 25th of November, 1801, an order was passed in favor of Grafton
D. Hanson, another infant legatee, similar to the foregoing. After which
the case was again brought before the Court at the instance of a purchaser.

HANSON, C., 26th May, 1803.—Whereas, the decree for a sale in this cause
passed, directs, that on payment of the whole purchase money, the trustee,
Henry H. Chapman, shall convey to the purchaser in fee; and whereas, it is
stated, that several of the purchasers have assigned; and that it would be
convenient for the trustee to convey to the assignees. It is Ordered, that
the said trustee, on the receipt of the whole purchase money, and on being
satisfied, that the purchaser hath assigned his purchase; may. on application
of the assignee, at his. the said trustee's discretion, convey to the said assignee
in fee; and provided an assignment of the purchase hath actually been made
fairly, and without fraud and imposition, the conveyance shall operate in
the same manner as if it had been made by the direction of the original
decree in this cause. The Chancellor has been applied to for a decree direct-
ing a conveyance by the said trustee on the part of a particular assignee;
but the Chancellor conceives, that he cannot, with propriety, make an ex
parte decree binding on a person who is no party in any suit here depend-
ing. But in case of a conveyance, under the foregoing order, to a fair as-
signee, there is no doubt, that the assignee's title will be as good as if a con-
veyance had been made by the trustee to the purchaser, and a conveyance
afterwards made by the purchaser to the assignee.—MS.