262 HIGH COURT OF CHANCERY.

or at least continuing it in force, until the defendants shall pay
the said sum of $13,256, with interest from the 8th of October,
1838. And shall also decree the payment of costs as against
the canal company; but the plaintiffs must pay the costs of
the officers of the corporation who were made defendants for
the purpose of discovery. Fulton Bank vs. JV. Y. and Sharon
Canal Company, 4 Paige, 131.

[No appeal was taken from this decree.]

EDWARD G-REEN, TRUSTEE,

vs. JULY TERM, 1848.
TRUE PUTNEY AND HUGH RIDDLE.3

[TRUSTEES, THEIR POWERS AND ALLOWANCES TO THEM.]

WHEN a trustee, appointed by this court to sell property and bring the proceeds
in to be disposed of under its orders, disburses money without competent au-
thority, he will be chargeable, as if the money was in hand.

This principle cannot be applied with the same rigor to a trustee acting under

a deed, giving express authority to pay debts.

, Nor, does the fact, that such a trustee applies to a court of equity for ita direc-
tion and assistance in the execution of his trust, place him in the predicament
of a trustee of the court's appointment, with powers limited and defined by
the decree.

If such trustee thinks proper himself to disburse the fund, he cannot be called
upon to bring it into court, unless the disposition which he has made of it
is shown to be improper.

Where the trustee, by the terms of the deed creating the trust, was entitled to
an allowance for costs and expenses attending its execution, such allowances,
should the nature of the trust and the circumstances of the case require it,
will embrace, even without an express provision, the expense of employing
an attorney.

[Edward Green, the trustee, under a deed from True Putney
and Hugh Riddle, dated 29th of August, 1839, conveying to
him a large amount of property, real and personal; also, trans-
ferring to him all debts and claims due them as partners, and
evidences of debt of every description in trust for the benefit of