LATIMER v. HANSON. 51

disappointed in his means, of has not had the ability to make the
purchase, which he had calculated upon.(a) I shall not, therefore,
order the estate to be resold at his risk, or charge him with inter-
est on the amount of the purchase money as a penalty for the dis-
appointment he has occasioned. Yet, as he has, by this abortive
attempt to purchase, put the case to much expense, it is but just,
that he alone should be charged with it.

Whereupon it is ordered, that the sale made to Lewis Reynolds,
as reported by the trustee, be set aside; that the trustee proceed,
without delay, to resell the estate as directed by the decree; that all
the costs and expenses of this sale be paid by Lewis Reynolds;
and that the auditor, in stating an account making a distribution
of the proceeds of sale, deduct the same from the amount to which
Lewis Reynolds may appear to be entitled.

LATIMER v. HANSON.

Where a bill has been filed for partition, creditors may come in on the ground of the
insufficiency of the personal estate of the deceased debtor whose real estate is thus
proposed to be divided.

A person appointed trustee is not obliged to accept the office; but if he does so, he
is bound to obey the orders of the court.

The court may order the proceeds of a sale in the hands of a trustee to be invested
by him, so as to be made productive pending the litigation; and if the trustee
fails or refuses to make the investment accordingly, he may be ordered to bring in
the whole amount, with compound interest, from the date of the order directing the
investment.

The bill, filed on the 31st May 1816, states, that the late Charles
Wallace, by his last will, devised his real and personal estate to
Leonard Sellman and Charles W. Hanson, to be by them, after
the payment of his debts and certain legacies, divided among the
plaintiffs and defendants; that Sellman is dead; that Hanson, the
surviving trustee, holds the property and refuses to execute the trust;
and that a partition of the real estate cannot be made without loss.
Whereupon they prayed a sale and division of the proceeds. No
opposition having been made to this prayer, a decree was passed
the 1st of March, 1817, directing the real estate to be sold, and
appointing Nicholas Brewer trustee for that purpose, who made sale
thereof accordingly.

(a) Hodder 9. Boffin, 1 Yes. & B. 544.