36 HOYE v. PENN.

The auditor on the 26th of February 1819 reported, that he had
examined the proceedings, and from them had stated an account
between the estates of Charles Penn, sen'r, deceased, and Nathan
Waters, and the trustee, in which the proceeds of each estate were
applied to the payment of one half of the complainant's claim and
costs, and its proportion of the trustees allowance for commission
and expenses; and the balances respectively were made payable to
the said Nathan Waters, and to those entitled to claim under the
said Charles Penn, sen'r, deceased. The auditor further reported,
that his impression was, that the surviving grantees of Charles
Penn, sen'r, were entitled to the balance of his estate in proportion to
the quantity of land held by each in virtue of his several deeds.
But, it not appearing which of his two children, Charles Penn, jun'r,
and William Penn, survived the other, he had not been able to
make the distribution accordingly.

From this account, stated by the auditor, as of the 23d of
November 1818, being the day of the sales, it appeared, that the
amount of the sales of Pennjs estate was $4211 50; that the
amount of the sales of Waters' estate was $6500; and that the
amount of the plaintiff's claim, with interest up to that time, was
$4968 43; leaving a surplus of the proceeds of the sales, after
deducting all commissions and costs, of $1306 4 1/2, to be distributed
among the grantees of Charles Penn, sen., deceased; and, the sum
of $3515 6 1/2, which was awarded to the defendant Nathan Waters.

6th March, 1819.—KILTY, Chancellor.—Ordered, that the above
statement, as reported, be confirmed; and the proceeds applied
accordingly; except the sum to be distributed among the grantees
of Charles Penn, sen'r, which is reserved for further order. Interest
to be paid on the commission, claim, and dividends, in proportion
as it has been or may be received. After which, on the 25th of
October 1819, the Chancellor again ordered upon this account, that
the trustee, after retaining his commission and paying such costs
above reported as may be still due to the officers, may deposit, to
the credit of the estates, any sum in his hands, or to be received