540 MULLIKIN v. MULLIKIN.

or before the first day of April next. And it is further ordered,
that the said Basil D. Mullikin and the said Baruch Mullikin, his
surety, bring into this court all the bonds or notes which were
taken by the said Basil from the purchasers of the property in the
proceedings mentioned to secure the payment of the purchase
money; or in case the same or any part thereof has been paid to
them or either of them, that they bring into this court the whole
amount of the money so received by them or either of them, on or
before the first day of April next, or shew good cause to the con-
trary : provided that a copy of this order, together with a copy of
the said objections, be served on the said Basil D. Mullikin and
Baruch Mullikin on or before the fifteenth instant. And it is
further ordered, that the said Basil D. Mullikin be and he is hereby
displaced, and Thomas S. Alexander is hereby appointed trustee in
his stead with the same authority and subject to the same respon-
sibility : provided that before he acts as such he shall give bond in
the penalty of twenty thousand dollars as required by the said decree.

The trustee Alexander gave bond as required; on the 26th
of March 1828 Basil D. Mullikin filed a full answer; on the 24th
of September following the case, by order, was referred to the
auditor; and on the 20th of December Baruch Mullikin filed his
answer in obedience to this last order.

On the 5th of May 1828 the trustee Alexander filed a represen-
tation, stating, that the land reported to have been sold to Benja-
min H. Mullikin was in fact purchased by him for the use of
Nicholas Woodward, who had intermarried with the heiress Marga-
ret, who had died after the confirmation of the auditor's report, by
reason whereof the right to demand and receive her share had
survived to her husband Nicholas; that a considerable amount of
the purchase money was yet unpaid, which Nicholas admitted. No
cause was shewn by Benjamin H. Mullikin.

And on the same 5th of May this trustee filed another represen-
tation, stating, that much of the proceeds of sale had been misap-
plied by the former trustee Basil D. Mullikin and was likely to be
lost by his misconduct, and also by the misconduct of some of
the other heirs, who were his sureties, or who were purchasers or
the sureties of purchasers.

7th May 1828.—BLAND, Chancellor.—The representations of
the trustee, Thomas S. Alexander, having been submitted, the pro-
ceedings were read and considered.