GREEN VS. PUTNEY. 267

There is another view of this subject which has a strong ten-
dency, in my judgment, to justify Green, the trustee, in paying
these fees to the counsel. He was, by the terms of the deed of
August, 1839, creating the trust, entitled to an allowance for
costs and expenses attending its execution, inclusive of a rea-
sonable commission to himself; and such allowances, should
the nature of the trust and the circumstances of the case re-
quire it, will embrace, even without an express provision, the
expense of employing an attorney. Willis on Trustees, 146,
147; 10 Law Lib., 69; Hagthrop vs. Hook, 1 Gill & Johns.,
273; 2 Mod. Ch. Prac., 168.

In this case, it is manifest, that notwithstanding the assign-
ments of the creditors to Putney and Riddle and German, that
the agency and active exertions of the trustee were indispensa-
ble to the recovery of the money from the United States, he
being considered by the government, the party alone authorized
to receive it.

Now assuming, for the sake of the argument, that Putney,
was entitled to one-fourth of this fund, (and that is certainly the
extent of his claim,) was not Green, as his trustee, authorized
to unite with Riddle and Gorman, the owners of the other three-
fourths, in the contract which they made with the council upon
the subject of fees ? Was not this agreement on the part of
the owners of three-fourths of the claims, the strongest possible
evidence of the reasonableness of the compensation.

The court is without the necessary data to found a very
satisfactory opinion upon the subject; but, seeing that parties
interested to the extent of three-fourths made this contract, and
forming the best judgment I can, from the lights before me of
the difficulties which had to be surmounted, before the claim
could be allowed, I am not disposed to visit upon the trustee
loss on account of it.

I am of opinion, therefore, that Green is entitled to be allow-
ed for this payment to the counsel, not only as against Gorman
and Riddle, but, as against Putney, also.

The next question relates to the trustee's claim, to be allowed
for the sums of $600, and $200, provided for in the paper