IGLEHART v. ARMIGfiR. |gl

made payable " to Thomas Settman trustee for the sale of the real
estate of John Ooss deceased." After which, and before he had f
reported the sale, Sellman died, and James Iglehart jun'r. was
appointed to succeed him as trustee; who made a report of th§
sale, and that he had the money received and also the bonds taken
then in his hands. This sale was finally ratified on the 19th of
March 1819; and, by an order of the 28th of April following, the
proceeds were made payable to this same James Iglehart, who was
also appointed trustee in the place of Sellman under the decree of
the 12th of December 1816, leaving a balance still due from the
late John Cross's estate to the late Selby's estate, as shewn by the
statement taken from the report of the late Thomas Sellman, who
had made and reported a sale under the decree in that case, which
had not been finally ratified until the 27th of January 1818,

In which suit, for a partition of the late Joseph Selby's estate,
the auditor, on the 1st of April 1818, made and reported a state-
ment of a distribution of the proceeds of sale, allotting one share
of the estate of the late Joseph Selby which had been sold to John
Cross, to the said John and Jemima his wife, which was ratified
on the same day. On the 29th of April 1819 Iglehart the trustee,
by petition, applied to be directed as to whom the share awarded to
John and Jemima was to be paid. Upon which the Chancellor
passed the following order.

" 1st May, 1819.—KILTY, Chancellor.—On considering the
within application, I am of opinion, that the part of the proceeds
of Joseph Selby's estate, allotted to John Cross and Jemima his
wife, is to be paid to Jemima Cross, who has survived John Gross,
inasmuch as it was not received, or assigned, or applied by him in
his lifetime. Having been the purchaser, if he had settled up the
other parts, he might have settled his proportion with the trustee
by discount, or possibly might have settled that part only with
him. The case must now be considered, as to her right, in the
same manner as if any other person had been the purchaser.(z)
But the trustee, in paying the parts allotted under the orders of the
1st and 29th of April 1819, must pay only a rate or proportion fo
each, according to the net sum received from the sale of J. Crom's
real estate, until be recovers the balance on his bond. The present
trustee is allowed one-third of the commissions of 182 dollars, pay-
ing two-thirds to the representatives of T. Sellman."

(z) Jones v. Jones, ante, 454.
66