GIBSON'S CASE, 149

sions.(x) And where the sale, made by the trustee, had been set aside
without any blame having been imputed to him, and afterwards
another trustee had been employed who had made sale of the same
property, the first trustee was allowed half commissions, (y) And
where the trustee, after having made sale of a part of the property,
had removed beyond the jurisdiction of the court, he was allowed a
commission of one and a half per cent.(z) And where the trus-
tee, after having made the sale, died before he had reported it to
the court, two-thirds of the commissions were awarded to his
representatives, and one-third to his successor, by whom the sale
had been reported and completed.(a) No general rule has, how-
ever, been laid down in any of these cases, and perhaps none can
be established in regard to this matter; the circumstances of each
case being so peculiar, that each, as it occurs, must be submitted
to the sound discretion of the court upon its own particular merits.
In some cases the fund may, to a certain extent, be burthened
with double commissions, as in this instance; where the trustee
dies after having actually received an amount of the proceeds of

22d August, 1798.—HANSON, Chancellor.—Ordered, that of the money to arise
from the sale of the real estate of the said Christian Baker, there be paid to the fol-
lowing persons, whose claims have been exhibited since the passage of the order for
the application of part of said money, the sums set opposite to their names, with
interest from the respective dates to the said sums annexed to the time of payment.

Matthias Buckey - - - £ 3 1s. 8d. Oct. 7th, 1793.

Jacob Scheisler 50 0s. 0d. May 1st, 1793.

Jacob Baltzell - 75 0s. 0d. Oct. 8th, 1797.
It appears on calculation, that the money to arise from the sale, (provided the pur-
chasers shall all fully discharge their bonds,) will be more than sufficient to discharge
the costs, commission already allowed, and claims against the said Baker, directed by
the former and present order, to be paid In consideration of the extraordinary
trouble already, and to be incurred by the trustee, it is further ordered, that he be
allowed, in addition to the aforesaid commission, whatever surplus of the purchase
money may remain, after fully discharging the costs, and all the claims against the
said Baker, with interest, directed by the present and former order, to be paid; pro-
vided he shall prepare or have prepared, at his own expense, deeds to be executed
by the aforesaid Scheisler and Baltzell, conveying unto him and his heirs the land, by
them contracted to be conveyed to the aforesaid Baker, in trust, that he shall convey
the same to the purchaser, or purchasers thereof under the original decree in this
cause; or provided he shall procure conveyances from the said Scheisler and Balt-
zell to the said purchaser or purchasers after his receipt of the whole purchase
money.

N. B. It may be proper for the said Scheisler and Baltzell to join the trustee in his
conveyance to the purchasers.

(x) Carroll v. Jones, MS., 14th September, 1821.—(y) Lawson v. The State,
MS., 3d July, 1810.—(z) Berry's Case, MS., 14th May, 1808.—(a) Selby v. Selby,
MS., 1st May, 1819.