416 MACKUBIN v. BROWN,

the payment of the purchase money. And this he should never
fail to do, if it be not attended with much inconvenience, where
the credit is long; because he thereby relieves himself from any
responsibility by holding them; and enables the court, in those
cases where any of the parties, may and choose to take the bonds
in satisfaction of their claims, to have them, at once assigned and
delivered over to them; and thus immediately to put an end to the
suit. But for the purpose of enabling the trustee to collect the
money, when it becomes due, it has been usual, and found conve-
nient to allow him to retain the bonds and notes in his own pos-
session. They are, however, so held by him at his own risk*

But the court has never been informed by the trustee Basil
Brown, what became of the purchase money arising from the sales
made by him. He has brought none of it into court; nor has he
brought in any one of the bonds taken by him for securing its
payment, except that of Duvsll's, the amount of which, it appears,
he himself afterwards received; and yet the whole amount of all
the purchase money became due long before Brown's death.

It must be presumed, therefore, in this, as in all similar cases,
where a trustee or agent undertakes and binds himself to collect
money, or to bring into court those vouchers, by means whereof it
may appear whether he has collected it or not, and fails to do so,
that the money has actually been collected by him, and he must be
charged with it; unless he can satisfactorily shew, that it had not
come to his hands, or been applied to his use. The greatest
inconvenience and the most serious evils would arise, if trustees,
appointed by this court, were not held strictly accountable for the
bonds taken, and money received by them. They undertake to
perform duties of much importance, and to become the executive
agents of the court; and therefore must be rigidly held to a faithful
discharge of the trust reposed in them, in all that relates to
the receipt of money, or the securities taken by them for its
payment(c)

As the late Basil Brown might and ought to have collected the
whole amount of the purchase money, it must be presumed that he
did so; and consequently he must be held liable for the whole
amount; unless his representatives shew, that without his default,
it was not received by him, or that it did not come to the use of
him or his estate. This they have failed to do. His estate, there-

(c) Bennett v. Hamill, 2 Scho. & Lefr. 566.