198 HIGH COURT OF CHANCERY.

upon this point, is founded upon the conviction, looking to
all the proceedings and evidence in the cause, that the testator
did not mean to regard him as his debtor in respect of those
claims, and that to enforce them, in the only way in which
they can be enforced, and in the mode the petition proposed,
by appropriating his share of the income and profits to their
payment, would defeat the clear intention of the testator to pro-
vide his grandson a competent support.

But, with regard to the claim mentioned in the petition,
growing out of the failure of the said Charles A. Waters, to
to comply with the terms, upon which he purchased a portion
of the estate sold by the trustee, Freeborn G. Waters, and the
loss upon a resale thereof, I think the said Charles A. Waters,
is liable to the trust estate, and that it is the duty of the said
trustee, to retain the amount of the said loss, when ascertained
out of the income of the trust estate payable to the said Charles
A. Waters.

I am also of opinion, that the said Charles A. Waters is
chargeable with the rents, hires, and profits, of the real and
personal estate, in the proceedings mentioned, in the case of
the said Charles A. Waters, against Charles Howard and wife,
and others, and in which this court passed a decree on the 28th
of January last; and for any waste or deterioration of said
estate, caused by the negligence or misconduct, of the said
Charles A. Waters, whilst the same has been in his possession,
since the death of the said testator, if any such waste or de-
terioration shall be proved.

This opinion rests upon the intention of the testator, as re-
marked upon in deciding the said case of Waters vs. Howard
and others, to place his grandchildren upon a footing of equality
which would be defeated, if the said Charles A. shall be per-
mitted to receive the rents and profits of the property in his
possession, and appropriate them to his own use, and likewise
receive his full proportion of the income of the residue of the
trust estate.

And, if by his negligence or misconduct he shall impair the
value of that portion of the trust estate, to the possession of