GREEN VS. PUTNEY. 265

between; .Green and Gorman and Riddle, made on the 31st of
January 1845, Green waived his right to the commissions on
any sum Obtained by the, two latter from the United States on
their own receipt, but was to receive $100 in case he had to
pass his receipt therefor. By a subsequent agreement between
them, he, Green, was to take an active part in obtaining the
money, and was to be properly compensated therefor.

This case was,; by order, dated the 17th of November, 1846,
removed to this court, and the questions presented to the Chan-
cellor arose on exceptions to the reports of the Auditor of the
Baltimore County Court.]

THE CHANCELLOR :

It is said that Green, the trustee, must not only bring into
court the sum of $2,800, mentioned in the order, 12th of Feb-
ruary, 1847, which was passed by consent; but he must also bring
in the amount which he paid the counsel on the 2d of September,
1846, and the court is called upon by Putney and German and
Riddle to compel him to do so.

The argument of the counsel for Putney is, that a trustee
who disburses money without competent authority, is charge-
able, as if the money was in hand.

However true this may be with regard to a trustee appointed
by this court to sell property, and bring the proceeds in to be
disposed of under its orders, the principle cannot surely be ap-
plied with the same rigor to a trustee acting under a deed giv-
ing express authority to pay debts, and the circumstance, that
the trustee in this case applied to the court for its direction and
assistance in the execution of his trust, does not place him .in
the predicament of a trustee of the court's appointment, with
powers limited and defined by the decree. If the trustee, not-
withstanding his application to the court for directions, 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 an improper one.

Now, so far as German and Riddle are concerned, and to the
extent of their interest in the fund, it would seem impossible,
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