20 HIGH COURT OF CHANCERY.

GEORGE W. BARRY ET AL. )

MARCH TERM, 1847.
WILLIAM J. BARRY ET AL. )

[WAIVER OF COMMISSIONS——PETITION TO VACATE DECREE—LAPSE Of TIME.]

A TRUSTEE may waive his claim to commissions, where that claim exists.
The enrollment of a decree obtained by surprise, may be vacated, either upon

a bill or petition.
A decree or order, after delay and lapse of time, cannot be set aside, except

upon very strong grounds.
The order sought to be set aside, was passed on the l8th of November, 1844,

and no objection is made until August, 1846. HELD—that upon the ground

of delay, alone, there would be great difficulty in granting relief against the

order, even if the merits were with the petitioner.

[On the 24th of April, 1839, a decree passed this court for
the sale of the real estate of Robert Barry, deceased, for distri-
bution among his heirs at law, and appointing Bernard W.
Campbell trustee for that purpose. The trustee being unable
to effect an advantageous sale, the property was rented out by
him, and on the 8th November, 1844, an order was passed
authorizing him to continue to rent the same, and to apply por-
tions of the rents to its repair; and referring the case to the
Auditor for an account. On the 18th of the same month a
further order was passed, allowing the trustee a commission of
eight per cent. upon his collections, and disbursements. Sun-
dry accounts were stated by the Auditor, and ratified by the
court, crediting the trustee with his commissions, and with
certain payments and disbursements made by him, and charg-
ing him with the rents which he had received; and afterwards
on the petition of John Glenn, who had become purchaser and
assignee of five-sevenths of said property, an order was passed,
dated 23rd February, 1846, directing the trustee to sell the
same, upon the terms mentioned in the decree. It was accord-
ingly sold to said Glenn, at public sale on the 6th May, 1846,
for the sum of $12,000, and an order of ratification nisi of the
sale was passed on the 28th of the same month. On the 24th