ESTATE OF EDWARD WILLIAMS. 25

extraordinary trouble and responsibility; and his accounts show,
that he discharged the duties of the trust with care and fidelity.
That he should have engaged to perform these onerous, and
long continued duties without compensation, or that such a state
of things could have been within the contemplation of the par-
ties, at the period to which the evidence refers, is not to be as-
sumed without the stronger proof, and I am by no means satis-
fied that such is the case. Under these circumstances, and with
these views of the justice of the case, as presented by the pe-
tition of William J. Barry, I shall pass an order dismissing it.

The Chancellor understood, in the course of the argument,
that the specific objections taken in the petition of William J.
Barry, to a number of the credits allowed to the trustee in the
accounts of the Auditor, were abandoned, with the exception of
the allowance of commissions, and the sum of one hundred dol-
lars retained by him on account of William J. Barry's share of
the personal estate. But as this sum of one hundred dollars
was applied in extinguishment of a part of the over payment
to the petitioner on account of the real estate, it is not perceived
how he is injured by it.

[No appeal was taken from the decision in this case.]

ESTATE OF EDWARD WIL-

LIAMS, DECEASED. MARCH TERM, 1847.

[TRUSTEE TO SELL BEING ALSO GUARDIAN, AS TO THE LIABILITY OF HIS SURETIES.]

WHEN a final account has been passed, or the time limited by law for the set-
tlement up of an estate has elapsed, and the same person who is executor
or administrator, is also guardian to the parties entitled to the surplus, the
law will adjudge such surplus in his hands, in that character in which his
duty requires he should hold it.

The transfer in such case is effected by operation of law, and requires no act
of the party himself.

This principle does not apply to a trustee appointed under a decree of a Court
of Chancery to sell property, where no time is fixed by law, for the comple-
tion of his trust.

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