WATERS VS. WATERS. 197

had possessed himself of certain negroes, and other personal
property of the deceased, claiming the same under a gift from
him; and, was also in possession of a tract of land in Balti-
more county, belonging to the testator's estate, which he re-
fused to deliver to the petitioner, although, by a decree of the
Chancellor, passed in January, 1848, in a cause between the
said Charles A. Waters, complainant, and Charles Howard,
and others, defendants, it was declared, that the said Charles
A. Waters, had no title to said real and personal property, and
that although an appeal was taken from the decree by said
Waters, he had failed to give bond for the prosecution thereof;

and contended, that it would be better for all parties, to permit
him to retain possession of the property, and make his share
of the estate in the hands of the trustee, responsible for the
prosecution of the appeal. The petitioner further stated, that,
at a sale made by him as trustee, the said Waters, became a
purchaser of a part of the testator's estate, but he refusing to
comply with terms of sale, the same was resold at a consider-
able loss, with which the share of said Waters, in the estate of
the deceased, was properly chargeable. The object of the
petition, was to obtain the directions of the court, as to the
manner in which the trustee should act under the circum-
stances. An answer was put in to the petition, and same
testimony taken in relation thereto; and the cause having been
heard at this term, the Chancellor delivered the following
opinion :]

THE CHANCELLOR :

Upon considering the petition, filed by Freeborn G. Waters,
in this case, on the 20th of March last, and the answer thereto,
and the other proceedings in the cause, and after hearing the
counsel, my opinion is, that the share of the income and profits
of the trust estate, in the hands of the petitioner, to which
under the will of the testator, Charles Waters, his grandson,
Charles A. Waters is entitled, are not chargeable with the
claims against the said Charles A. Waters, which are stated to
have become due to the testator in his lifetime—my opinion
17*