ESTATE OP EDWARD WILLIAMS. 27

against which, the mortgage was intended to indemnify them,
and "also to save harmless and indemnify the said Nicholas I.
Watkins and Basil Shephard as sureties on his trustee's bond
hereinbefore mentioned."

Selby, whose testimony was taken under this commission,
denied that he had ever charged himself as guardian with the
money received by him from the purchasers of the estate of
Williams; he stated that he had only intended doing this on
certain terms, which he described, and which he said had not
been complied with. To a cross interrogatory on the part of
Stewart and Mrs. Selby, he replied that it was his impression,
that when he executed the mortgage he did not know the exact
sum due, but whatever money he had received as trustee, it
was his intention, and the said Watkins' intention, to have se-
cured by the said deed; that he was not asked for the mort-
gage, but gave it of his own motion.

The case having been argued before the Chancellor, he de-
livered the following opinion, after first stating the facts :]

THE CHANCELLOR :

Upon this state of facts, I am called upon to decide, whether
the burden of the loss resulting from the default of Selby shall
be thrown upon the sureties in Ms bond as trustee, or guardian;

or, in other words, whether the balance which is or ought to be
in his hands, of the purchase money of the estate of Edward
Williams, is to be considered in his hands as trustee under the
decree of this court, or as guardian under the appointment of
the Orphans Court ? Upon this question, the solicitors of the
parties have been fully heard, and the facts and circumstances
of the case deliberately considered.

The solicitors for the sureties in the bond given by Selby as
trustee, seem to consider the case as coming within the princi-
ple decided by the Court of Appeals, in the case of Watkins,
administrator vs. The State, use of Shaw, 2 G. & J., 220, in
which it was decided, that where a sole executor sustains the
double character of executor and guardian, the law will ad-
judge the ward's proportion of the property in his hands, to be