WINDER v. DIFFENDERFFER. 173

the said decree, in order to obtain a partition; but will hear them
at any time in support of the present petition.

The trustee Vincent, reported that there would be no necessity
to sell any of the real estate of the deceased to pay his debts, as
there was reason to believe, that they might be all satisfied from
the personsl assets, in the hands of the administratrix, and with the
rents and profits of the real estate, which would then soon be col-
lected. And he also, some years after reported, that Sarah, who
was the widow of the testator, was dead; and at the same time,
returned accounts, in which he had, as he said, stated an account
with her executor, and also with the devisees.

18th May, 1810.—KILTY, Chancellor.—An account rendered by
Samuel Vincent, trustee to the estate of Charles Rogers, has been
laid before the Chancellor without any report, excepting what is
stated in a short note, and in another sent with it, which are neither
of them drawn in a formal manner, or calculated to explain the
nature of the account. No vouchers are exhibited; but the
account appears to be approved by the executors. The Auditor is
directed to examine and report on this account, and the statement
made therewith, having reference to the proceedings in court,
under which Samuel Vincent was appointed trustee.

In obedience to this order the Auditor reported, that he had
stated an account between the trustee and the executors of Sarah
Rogers; from which there appeared to be due to them the sum of
£12 9s. 0d; that he had stated another account between the trus-
tee and the estate of the testator Charles Rogers, from which it
appeared, that there was then in the trustee's hands £1057 11s. 5d.
arising from rents received by him, over and above the sum stated
as due to the executors of Sarah Rogers; that it did not appear
how this sum was to be distributed; or whether there were any
debts due from the estate; and that the accounts had been stated
by him without any proof or voucher, other than the trustee's own
statements.

19th May, 1810.—KILTY, Chancellor.—On considering this re-
port and the accounts therein referred to, the chancellor is of
opinion, that no order can, at present, be passed respecting the
accounts exhibited by the trustee. But the subject will be again
considered on application of the parties interested, or any of them,
or of the trustee for any specific direction.

23 v.2