306 HIGH COURT OF CHANCERY.

priety in leaving it with the residuary legatee until the final
accounts are taken.

It is, thereupon, ordered, this 9th day of April, 1850, that this
case be, and the same is hereby, again referred to the Auditor,
with directions to state such account or accounts as will con-
form with the foregoing directions, from the pleadings, proofs
and admissions, and such proofs as may be laid before him, and
the parties are hereby authorized to take the depositions of wit-
nesses before any justice of the peace, or before the Auditor,
on three days' notice to the opposite party, or his or her solici-
tor, such depositions to be taken and returned on or before the
10th day of June next.

[No appeal was taken in this case.]

AMOS A. WILLIAMS

vs.

THE SAVAGE MANUFAC- SEPTEMBER TERM, 1848.
TURING COMPANY.

[VACATING SETTLEMENT—PARTIES TO SUIT—SURCHARGING AND FALsIFYInG

ACCOUNTS—ACT or 1845, CH. 367—APPEAL.]

TRUSTEES under a deed, one of the trusts of which was, that after satisfying
the purposes of the deed, viz. the payment of the debts of the grantor, the
residue of the property should be held for the use of the grantor, were also
appointed his trustees under the insolvent laws; and, acting in this dou-
ble capacity, transferred certain stocks belonging to the grantor (the com-
plainant) to the defendant. All his debts having been paid, and the trustees
directed by a decree of this court to convey to him all the property they had
not disposed of in performance of their duty as trustees in insolvency: it was
HELD—

That the complainant was entitled to maintain a bill for the recovery of the
stock from the defendant, upon the ground, that the transfer had been im-
properly obtained; and, that the trustees were not necessary parties to such
suit.

Where an agreement was made to settle a claim presented to the complainant,
in the form of a stated account, which, without examination, was assumed
to be correct, the complainant will be allowed to surcharge and falsify such