GIBSON'S CASE. 143

But where it appears that the duties of trustee are altogether, or
in most respects incompatible with the duties of the office which
the proposed person holds, such as that of the register of this
court, a clerk, or a judge of a county court, &c., such person can-
not be employed as a trustee by this court (g) In general, where
the sale or disposition of any property is to be confided to a trus-
tee, he must be required to give security for the faithful performance
of his trust; and, consequently, as no one can be so appointed
who is incompetent to contract, an infant or a feme covert can-
not be a trustee in any such case. It is necessary, in all cases, that
the trustee of the court should be a citizen, resident within its
jurisdiction; not only, that he may be the better able to discharge
his duties; but, that he may be continually within its reach and
control; therefore, no one who is not a resident, or who is engaged
in any pursuit, or who holds any office which may require, or
subject him to go, or be ordered out of the State during any long
intervals of time,—such as masters of merchant vessels, or officers
in the army or navy,—can be appointed trustees. And as a trustee
can only be appointed during the pleasure of the court, if he
remove out of the State, neglect his duty, or is guilty of any
injurious or improper conduct, he may, on application of any one
concerned, be displaced, and another trustee appointed in his
stead, (h)

In making the selection of a person to be employed as a trustee,
the court exercises a sound discretion upon a view of the whole
case; and as the Chancellor may allow himself to be actuated by
feelings of benevolence upon such occasions, where he can do so
without injustice to any one, he has therefore, as before observed,
appointed the widow as trustee, that she might obtain the commis-
sions for the benefit of herself and child. The recommendations
of the parties are always attended to, and allowed to have their due
weight as to numbers, amount of interest, and reasons assigned;
where the parties are silent, it has been usual to appoint the sqlici-
, tor of the plaintiff as trustee; but a plurality of trustees is never
appointed except on special application by petition, motion, or
suggestion, (i)

(g) Bac. Abr. tit. Offices & Officers, (K).—(A) Ex parte Ord, Jac, Rep. 04;
Logan v. Fairlee, Jac. Rep. 193; Berry's case, MS. 14th May, 1803; Chew v. Birk-
head, MS. 30th June, 1798; Kilty v. Quynn, MS. 5th January, 1813, and 1st August
1815.—(t) Edwards v. Buchanan, MS. 27th May, 1800; Kilty v. Quynn, MS. 5th
February, 1805.