26 HIGH COURT OF CHANCERY.

[By a decree of this court passed on the 2nd of August, 1837,
John S. Selby was appointed trustee to sell certain parcels of
real estate, which had been devised by Edward Williams, de-
ceased, to his widow, Editha Williams, for life, with remainder
in fee to four of his grand-children. On the 5th of the same
month he gave bond as such trustee, with Nicholas I. Watkins
and Basil Shephard as his sureties, and on the 7th of Septem-
ber following, he sold the said property on the terms specified
by the decree, viz. The interest on the purchase money to be
paid annually, and the principal in five years from the day of
sale. The tenant for life was duly paid the said interest, and
from the 27th of May, 1842, to the 7th of September, the trus-
tee received on account of the principal the sum of $2011, for
which he did not account, and since that time he became ut-
terly insolvent.

On the 8th of July, 1844, a petition was filed by the grand-
children of the testator to obtain from said Selby an account of
his proceedings as trustee, in reply to which, he stated, that he
had received the sum above mentioned, with which, after
making certain deductions, he had, with the consent of the
parties interested, charged himself as guardian to two of said
grand-children. As guardian to these children he had, on the
12th of June, 1837, given bond with Thomas Robinson and
Harriet Selby for his sureties. And on the 10th of April,
1847, another petition was filed in this cause by Charles R.
Stewart, administrator of Thomas Robinson, deceased, Harriet
Selby, Nicholas I. Watkins and Basil Shephard, expressing a
doubt as to which set of sureties, Selby should be held liable
for his default, and praying the court, upon a view of all the
circumstances of the case, to determine their respective rights
and obligations. A commission to take testimony in reference
to the matter of this petition was issued and returned; and
there was also returned with the same a mortgage dated the
21st of October, 1843, executed by said Selby to Nicholas I.
Watkins, one of the sureties on his bond as trustee, and James
H. Watkins, who with the said Nicholas I. and the said Basil
Shephard, had incurred certain responsibilities on his account;